Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.
what action(3 Posts)
Some opinions please.
Divorced for just over a year. The FDR took place two months ago. Heads of Agreement signed on the day included that the van that I purchased was a marital asset to be divided. This van was paid for with a pension pay out from an old pension from before we married over twenty years ago. The cash lump sum yielded me enough to purchase said vehicle and pay for it entirely myself. It has been registered in my name since I bought it about 18 months before we split. However, the heads of agreement was worded that it was to be sold and the proceeds split 45% to him and 55% to me. I took it to a trader to get it valued and they offered me £7,000 there and then. I had paid £8,800 for it in 2011. The trader then spotted that the MOT was about to expire. He then said that the offer only stood with a new MOT. I took it for it's MOT and it failed pretty spectacularly. I asked the MOT place to give me a quote for the MOT work. It came back as £1,500 but another £1,000 as the gear box (DMF) was showing signs of complete failure. I was devastated!!! I then spoke to the dealer and he said in the light of the failure he would give me £3,000. I just wanted shot of it and eventually got him up to £3,800 and took the cash and gave him the V5. I offered my ex £1,710 that represented the 45% of the money I got for it.
We went for the last appointment to get the consent order on the house, pensions and the van signed off. He had decided that the van was worth £15,000 and started to demand that I either get the van back and give it to him or give him £6,500 which represented the 45% that he wanted. The judge didn't agree with him and said that if he didn't sign the consent order as it was and accept the money I was offering we would have to go to final hearing and all the associated costs. He finally relented and took the £1,710.
He has since been in touch with the garage that did the MOT and accused them of fraud and that a court summons was on the way. He is insistent that they fraudulently failed the vehicle and have actually pretended to purchase the van etc etc . He insists that the trader I sold it to does not exist and that this is fraud too.
The trader guy I sold it too is just that a trader that buys and sells cars from a small yard nearby. He deals in low value cars which he gets through the trade and sells on. He normally buys MOT failures and gets them done up and sells them on as cheap cars for whoever is looking for them.
What I want to know, as he has threatened me that he is taking me to court also, what law does he think he can accuse me of breaking? I gave the guy the vehicle and V5. I sent the V5 to DVLA who have sent the acknowledgement to me that I am no longer the owner of the vehicle and the trader gave me £3,800 in cash. I have then passed 45% of the money(£1,710) to my ex who has accepted it and moved it out of the account that I paid it to. (this was our old joint account which is now closed). What does he think he can take the garage to court for? As far as I am concerned no law has been broken. He has taken the money also. If he believed the deal to be fraud, surely he shouldn't have kept the money? Anyone got any thoughts?
I think you should not worry about it and let him stew in his own juice. He clearly thought it was worth more than it turned out to be. If he wants to waste time, money and energy then let him. He will eventually come to his senses. If it comes to it, you can swear an affidavit as to what exactly happened. Your ex is clearly very bitter. I would be tempted to point out it was your van, paid for entirely by you, but that will probably exacerbate things.
Just ignore it and move on. Nothing to do with you now. His action will fail, as it would were he to draw you in to it.
Join the discussion
Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.Register now
Already registered with Mumsnet? Log in to leave your comment or alternatively, sign in with Facebook or Google.
Please login first.