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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice
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Miss my car ! Its a long query.. I need to provide more in

Resolved Question:

Miss my car ! Its a long query.. I need to provide more information.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this?
Customer: replied 2 years ago.

First of all thanks for your advice about dealing with the 150 parking at night fine. I was saved.

Im writing because I have an issue with a dealer who doesnt seem to want to give my car back and has locked it away in a compound.
The issue has gone on for a year as sadly I have been busy with exams I have been worried that it could take too long

Earlier last year I had an accident with the car causing damage to the corner of the bonnet and took it to a bodyshop Mr W. He took ages to sort it out often telling me it wasnt ready.
I then decided to take the car away from him with half the work done so it was legal to drive, smoothened edges.
Then just before my insurance ran out the car broke down (1999 bmw), I got it fixed somewhere else and it broke down again with the same problem, waterpump.

It broke down near the bodyshop, so i asked if Mr W would buy the car off me, and he texted me and we agreed 1500 as a quicksale which would include the bodywork. Unfortunately I had nothing in wriitng.
He had a set of the keys for the car from before. He could have driven the car because it would overheat after a mile, and he was about a 2-3 miles away.

A week later he said he had a buyer, took the V5 from my girlfriend (I was at work), and gave her the yellow slip.
I did ask her not to give the V5 if there was no money, but she forgot. Just to be safe I have asked her to sign a statement to describe what happened as I thought about court at one point.

The car is in my mums name, and I was a named driver on the insurance so I got my mum to sign it for him first. He didnt ask for all the keys (I still have the keys and original MOT).

Since then he has sent various excuses, money is going to account, I cant see the car etc...

I have been with my girlfriend to his garage once and asked him for the car back - no luck.

I rang the dvla who advised to send the yellow slip in. I was worried if i didnt do that he might do something dodgy with the car.

I spoke to a friend from school a lawyer, he recommended it was a smalls claims court issue and I could try that.

As it is in my mothers name I discussed this with my mother, and she was worried about what would happen next and wasnt keen on it,
so I have left it, she has heart problems and anxiety and I didnt want to worry her more.

At the time I did try to explain to the car dealer I would take him to court if he didnt give the car back a few times.

Ive applied for a SORN to his yard in case something was done with the car.

Ive thought about proceeding with small claims court, but I am worried about my enhanced CRB being affected if I lose the case, or if there could be any revenge.

I did explain this all to the dvla person who advised i send a covering letter. I was told on the phone that the V5 is proof of possession and not ownership...

I dont know if we have much of a case as there is little evidence for the deal other than text messages, or the damages i had to the car, and was wondering what would be your advice ????
Expert:  Jo C. replied 2 years ago.
Thanks. Glad the fine worked out.

How much is the car worth please?
Customer: replied 2 years ago.
Last year about 1800, now maybe 1650.
It was metallic red with leather seats.

I paid 200 for the bodywork and owed 200 for the extra bodywork, and he agreed 1500.
Expert:  Jo C. replied 2 years ago.
thank you.

Is there any reason that you don't want to sue?
Customer: replied 2 years ago.
Im weighing likelyhood of successful case + cash outcome vs anxiety caused to mother.

What if he harrasses me for life afterwards. Is it worth the hassle ? What if i forgot something about the car and he brings up a random health and safety issue.

What if its a waste of time as theres no proof

I have never been to court before.
Expert:  Jo C. replied 2 years ago.
Well, there are always risks. There are very few risk free legal actions you can take. That is not a reason to not proceed.

On your account he agreed to purchase and has not paid.

There is evidence. You can give evidence in court. He not all that likely to deny it. People do barefaced lie sometimes but not very often really. In any event, if any of this communication has been reduced to writing at all then there is written proof.

You can issue here

Its much more sensible than changing V5 documents. You just want the money. This is a simple money claim.

Can I clarify anything for you?

Customer: replied 2 years ago.
My mother is concerned that he had thought about this scam carefuly, and he might know something which I had told him and use that against me to stop the case or take revenge.
She is quite anxious.

Ive sent off the trader yellow slip portion back to the V5 last year so persumably its in his name now.

The only thing I can remember telling him was that I clipped the car on a barrier driving whilst driving fast. Im not sure if thats going to be anything to worry about. I was too distressed to remember where it had happenned or look to see if there was any significant damage to the barrier.

If I lose the small claims court case due to lack of evidence, would affect my enhanced CRB in anyway ?

Would phone text messages still be obtainable now its 18months on ?

I have no other writen proof other than my girlfriends statement of how no money was given to her on that day. Would that suffice ?
Expert:  Jo C. replied 2 years ago.
Probably not after 18 months I'm afraid.

This is a civil claim so it wouldn't go anywhere near CRB.

He probably will be unhappy about this. Its not a reason to accept it though.
Customer: replied 2 years ago.

Im stuck, cant persuade mother. Car is in her name, and she cant cope.

Last Qs..

What is the deadline for the small claims court ?

Can he counter claim for keeping the car on his land / this compound next to his garage ?
Expert:  Jo C. replied 2 years ago.
6 years. You have ages to sue.

He could claim storage costs but then you would defend that on the basis that you never agreed to pay storage and he is unlawfully withholding it from you.
Jo C., Barrister
Category: Law
Satisfied Customers: 69266
Experience: Over 5 years in practice
Jo C. and 4 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’

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