How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

A family member was cautioned, just before Christmas, for criminal

Customer Question

A family member was cautioned, just before Christmas, for criminal damage. They had C.C.T.V. evidence that he'd keyed a car (once) in the next street. Today the owner of the vehicle approached the concerned family member at his home and presented him with a quote for nearly two and a half thousand pounds. He stated that he had many scratches and although there's no proof he caused this extra damage a judge would likely favour the car owner, resulting in him having to pay for the damage plus court costs. He also mentioned he would make sure it was well known throughout the village if he did not pay up.

My family member is very concerned, he does not have this sort of money, can you please advise?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Has this matter already been progressed to Court?
Customer: replied 3 years ago.

No

Expert:  Jo C. replied 3 years ago.
OK.

If this person were to go to court then he would have a claim I'm afraid. Come what may, a caution has been accepted which is sufficient to prove that some damage was caused.

The only real issue here is what is the extent of the damage. Even a small number of scratches can result in the need for a complete respray and he would have a claim for that sum unless the Judge can be persuaded there is a more proportionate repair available.

That said, a complete respray does not cost £2,500 and I cannot immediately see a basis for that sum of money.

The caution does prove he caused damage but not the extent of the loss.

Even if there is a CCJ against him, he can always ask for time to pay.

Hope this helps.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. Do you think the court costs would be high in this case?

Expert:  Jo C. replied 3 years ago.
No, its a small claims court sum even on his figures. Under £200
Customer: replied 3 years ago.

Thank you. I'm thinking of approaching the owner myself with quotes of my own. If he were to agree to this I would like to have him sign a contract permitting him from trying to make any further claims. Is there a particular way in which I should word this contract or particular things I should include?

Expert:  Jo C. replied 3 years ago.
Well, it depends. What are you willing to offer?

Delighted to continue with this but please rate my answer.
Customer: replied 3 years ago.

Paying for a respray. I'm very satified with your help and will not forget to rate your answer.

Expert:  Jo C. replied 3 years ago.
If you are going to make payment then you need to make sure he agrees that the sum is accepted on a full and final settlement basis.

Customer: replied 3 years ago.

Thank you. Do you think there is any else I should consider?

Expert:  Jo C. replied 3 years ago.
not really.

You could always offer it on a no admissions basis but there's not much point here because he was cautioned.
Customer: replied 3 years ago.

Thank you for your help.

Expert:  Jo C. replied 3 years ago.
No problem.

All the best.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice