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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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the glass and other parts of my campavan were removed by an

Customer Question

the glass and other parts of my campavan were removed by an alleged vehicle sprayer. I was unsatisfied with his work, and i had to recover the vehicle in an un-finished state. i took him to small claims court, where he offered no defence. the court ruled in my favour, and issued him with a ccj.the value of this was approx £5000. has he now got any legal right to my property, which was part of the original campavan.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did you ask the Court for an order that he deliver up the removed parts please?

JACUSTOMER-kq9dewc7- :

parts list in full was sent to the court. he was asked before christmas to respond but was again unco-operative. the court allowed me the costing "as new" on the listed items, but i still want my property back. the cash amount on the ccj can be reduced for the defendant, but it remains to be seen on inspection by the police and myself what he has retained, that belong to the campavan. He has an unfortunate habit of losing /misplacing items from vehicles.

Alex Watts : Did you specially ask the court for an order that the old parts were returned please?
JACUSTOMER-kq9dewc7- :

no, I was advised by citizens advice centre to include an "as new" list . where do i stand in law. as my property was removed from my vehicle is it now classed as theft? some of the items are particular to the vehicle and irreplacable. some of my personal possesions are also in his lock-up/work unit, but these were included in the itemised listing. help/advice please. thanks,robert.

Alex Watts : The £5000 what was that to cover please?
JACUSTOMER-kq9dewc7- :

My initial payment of £2200. Parts retained by Mr. Anderson :-£1625. Parts purchased by myself( to return the vehicle to a usable state):-. Independant engineers report

JACUSTOMER-kq9dewc7- :

My initial payment:-£2200. Parts retained by Mr. Anderson:- £1625. Parts purchased by myself to return the vehicle to a usable state:- £562.50. Independant engineers report :-£195.I also claimed an amount for stress/anxiety caused by the constant delays (at the courts discretion). The total amount awarded was £4,787.50. The claim number is ***** YJ 808, dated 12th February 2015. To date there has been no reply from Mr. Anderson. Thanks,Robert

Alex Watts :

So the Judge awarded you £2200 for parts retained.

Alex Watts :

But you now want those parts back?

JACUSTOMER-kq9dewc7- :

No. The £2200 was for the repairs/ respray. The amount of retained items was £1625. The value of any items i can recover from Mr. Anderson will be deducted from the £1625, and the CCJ debt amount lowered accordingly. I believe I am being fair in this matter. I have listed the parts "as new". but what he is witholding are mostly used parts. I need to clarify if the items removed from my vehicle are now classed as stolen, before I can take further Police action. Thanks, obert.

Alex Watts : Just to clarfy the court awarded you £1625 for the parts, is that right?
JACUSTOMER-kq9dewc7- :

Yes, that is correct. how can i recover the parts for my campavan. do i need another court order, or can the parts be listed as stolen, as they were removed without my permission . I would prefer to have the parts back instead of the money. I need some clarification before further police action. Thanks, Robert

Alex Watts :

Sadly its bad news. Under the current proceedings you did not ask the Court for an order that the supplier give you back the parts.

Alex Watts :

Indeed the Court awarded you £1625 so has paid you for that.

Alex Watts :

What you have to do is apply to the Court for an order that he deliver up the parts, because you did not ask for that in the main proceedings.

Alex Watts :

However i do not think the Court will give you this order.

Alex Watts :

This is because the Court has already awarded you £1625 for those parts.

Alex Watts :

So in effect you would get getting the parts AND £1625. You can't double dip

Alex Watts :

If you want to try you can but you need to issue a paper claim on Form N1 and take it to your local County Court for issue

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

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


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