Hand back €45,000 Mercedes, driver told
A Dublin man who bought and failed to pay for a €45,000 Mercedes car had not told anyone his girlfriend was driving around in it as the registered owner, a judge said yesterday.
Judge Jacqueline Linnane said David Darcy, of Myra Manor, Malahide, Co Dublin, had bought the car in February 2009 and had almost immediately gone into arrears.
Barrister Brian McGuckian, counsel for Volkswagen Bank Ireland, told the Circuit Civil Court that arrears of just over €11,000 were outstanding and the bank wanted judgment for that figure and an order for recovery of the car.
Mr Darcy had bought the 2008 automatic Mercedes C180 Elegance model for €45,000 in February 2009 on a hire purchase agreement, and undertook to make monthly payments of €737.
Judge Linnane said he had quickly fallen into arrears and failed to inform the bank of the fact that his partner, Joy Meehan, had been driving around in the car which she had registered to her own name.
Mr McGuckian told the court the motion for judgment and recovery of the car was before the court on October 10 last.
He said the court had directed that affidavits be entered and he had been told that Mr Darcy had engaged a solicitor.
Solicitor Sean Foley said that until now Mr Darcy had not received legal advice and he had received instructions from him within the past two days. He required an adjournment.
Mr Foley said there had been a number of arrangements entered into with the bank and there had been an agreement to hand back the car but it went unsold.
Judge Linnane said Mr Darcy had then refused to accept an offer of €16,000 for the car by Park Motors.
"I don't know if he has informed you that his girlfriend registered herself as owner of this Mercedes and was driving around in it," the judge told Mr Foley.
She granted judgment for €11,086 and costs against Mr Darcy and directed the car be returned to the bank.