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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Last year my car was being repaired at a local garage that

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Last year my car was being repaired at a local garage that I had used before. During the course of the repairs the mechanic asked me if I would pay for a part that needed ordering, not having any reason to doubt him or his integrity I paid £750 into a bank account of which he gave me the details for. After a while it became clear that there was a problem and I found out that the mechanic had been imprisoned. I was able to contact his father who confirmed that and that there were problems with his son and a partner that he bought the business with, involving disputes over money within the business. It was also confirmed the part had never been ordered. His father, acting on his sons behalf was able to confirm that I had paid the money and on his sons behalf has always maintained that his son has an intention to repay me (he was out of prison a few months after the incident with the money) I said initially that I was willing to wait but would eventually have to consider legal options. Although his father has been in touch with me it is almost 10 months now since I paid the money and I feel it may be time to consider legal options, I am assuming I have legal grounds for the money to be repaid, what would you suggest?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is the garage still trading?
Customer: replied 1 year ago.

Hi Jo, the garage is not still trading, after the fallout of the mechanics arrest etc it seems the dispute started with the "other party".

Expert:  Jo C. replied 1 year ago.
Thanks.
From whom are you hoping to claim?
Were they a limited company?
Customer: replied 1 year ago.

I'm hoping to have the money returned by the mechanic, as he via his dad has always maintained he will. I know it sounds daft paying him but as I said I had no reason to doubt his integrity at the time. It has been over 10 months since the payment so I'm at the point where my good will is running out and am obviously wondering what legal avenues may be open.

As far as I can remember they were a limited company, I may have some paperwork somewhere from the previous year, but am not sure where.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** my colleague has asked me to assist you with this.
Did you pay this money against an invoice?
Kind regards
AJ
Customer: replied 1 year ago.

No again it was stupid of me but I paid the money for a part the mechanic was ordering. I did not get any sort of invoice. They knowthat I paid the money and have never denied that I did and there is obviously an audit available from my bank to his if required.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
This is quite simply a case of debt recovery. You paid for goods and services you have not received and therefore you are entitled to your money back.
If you paid the money to this private individual then that is who you should sue.
https://www.moneyclaim.gov.uk/web/mcol/welcome - this can be dealt with in the small claims section of a county court.
What you need to do is send him a letter first saying that he has seven days to refund you or you reserve the right to commence proceedings.
Is the mechanic business still trading?
Kind regards
AJ
Customer: replied 1 year ago.

No they are not still in business due to the fall out that the mechanic had with his partner.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
As long as the person you paid the money to has not gone bankrupt since you paid them the money, you can sue them directly.
I would just commence a money claim if he does not repay you on demand.
Kind regards
AJ
Customer: replied 1 year ago.

Thanks for the advice, just one final question, would a letter from myself suffice, or would you suggest a letter from a solicitor?

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Sending the letter from a solicitor would give added gravitas, but for the sum of money involved I would just send it from yourself personally.
For £750 you will end up incurring solicitors costs that you wont be able to recover and it could just be good money after bad.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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