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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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, 18 months ago my car was hit by a man reversing out

Customer Question

Hello, 18 months ago my car was hit by a man reversing out from yellow lines.(he has a P reg robin reliant, I have a v.w. beetle &his car was'nt scratched!!!!) I do have a witness. He said he would pay me the £312.00 repair cost, which I agreed to, against the advice of my daughter (I'm a trusting soul) Up until now he has paid me£220.00 owing me £92.00. I have notes verifying this. Last year was a difficult year for me because of family deaths & I did'nt contact him. I have left 2 messages recently on his mobile to which he has not replied, saying that if he did not contact me I would take the matter further. I visited the address he gave me ( a housing association) but it is being re developed & the tenants re housed. I know that he is still in the area because I've seen him in his car. The housing association would not pass on any information to me. I would like to take him to the small claim's court & wonder if this is the correct way to go about it? I know it's a small amount of money, but I don't think he should get away with it. I suspect by a conversation I had with him in the past that he hasbeen in this situation before & thathe is driving without insurance. The police can not do a check. Susan Newton.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello Susan my name is ***** ***** I will help you with this.
Alex Watts : Do you have his registration number Or bank details please ?
JACUSTOMER-xuroqf5h- :

Hello Alex, I am having major problems with all my PC's. I don't have any bank details ; his car registration is, P793WWY. Sue Newton.

Alex Watts :

Do you know his address at all?

JACUSTOMER-xuroqf5h- :

It wasFlat8, Hatfield house, North Shields, Tyne & Wear.

Alex Watts : You need to write and set out your losses and request a payment in full of the balance within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not pay 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.
Alex Watts : 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.
Alex Watts : If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Alex Watts : Can I clarify Nythinf dor
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-xuroqf5h- :

Hooray.I've come to my daughter's house & can get on line!! It's obviously my wi fi. Is there any way of finding his address? The police can't help & I've tried the electoral roll to no avail. Should the letter be written by me? Can I go through the small claims court?

JACUSTOMER-xuroqf5h- :

Hi, I've come to my daughter's & can now get online. Should the letter be written by me & posted? Is there any way of finding his address? I've tried the police, the electoral roll & his last Housing Agency, to no avail. Sue Newton.

Alex Watts :

Yes it is a small claim - can you see the above?

Alex Watts :

You can write and post the letter yes

Alex Watts :

Does that help?

JACUSTOMER-xuroqf5h- :

Thank you very much. Any ideas on how to track him down? The personal security laws are very stringent. S.N.

Alex Watts :

Sadly you would need a private investigator for that. If its a small claim those costs wont necessarily be recoverable.

Alex Watts :

Does that clarify?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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