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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I repaired my estranged daughters car after she crashed it

Customer Question

I repaired my estranged daughters car after she crashed it ( I have my own bodyshop facilities). I told her how much the parts were and how much work was involved but obviously didn't want to charge her for any labour just wanted the parts paid for. After nearly a year, she still hasn't paid for them and is now refusing to pay at all. She gave me a spare key to the car before she crashed it incase I ever needed it and for safe keeping, which she has forgotten about.
Would I legally be able to either seize the car until she paid, or remove the parts I had paid for?
Or what is my best course of action?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

On what basis is she refusing to pay? Do you still have the car please?

JACUSTOMER-1qhdqhhj- : She is refusing to pay because I will not return her Daughter (5) to her. I have been caring for my granddaughter for 11 months under a temporary residence order, after children's services put her into my care following a few years of domestic violence and substance abuse.between the parents. They have now split up and gone their separate ways. My daughter is an alcoholic.
JACUSTOMER-1qhdqhhj- : I do not have the car, she has it and actually has just bought an additional convert able car, but I do have a key for the old one, and while she will not disclose where she is living even to the courts, I am aware of the road she parks it.
Alex Watts :

Sadly you can't remove the parts. If you had the car then you could have refused to hand it back or remove the parts.

Alex Watts :

But as she has it sadly you can't do that now.

Alex Watts :

Your only other option is a small claim sadly

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

JACUSTOMER-1qhdqhhj- : Can I claim money back which I loaned to the couple over the last 4 years in the same way? I assume I would have to make the claim against both of them?
JACUSTOMER-1qhdqhhj- : The money was loaned to pay my grandaughters hospital bills and they be allowed to leave Egypt where they were holidaying without travel insurance, and to keep the
JACUSTOMER-1qhdqhhj- : Them all in food, bills paid etc when he was out of work
Alex Watts : Yes you could if you can show it was a loan and not a gift.
Alex Watts : Yes you need to sue both.
Alex Watts : Does that clarify?

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