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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My car was parked on my driveway when I was away working

Resolved Question:

Hello, my car was parked on my driveway when I was away working in Spain. The neighbours had their house painted, and paint spots are all over my car. I have taken the car to my Mini dealership and they have said it needs a Machine Polish To Include All Glass And Trims and reapplication of Seal And Protect. The car is three years old.
What is my legal status regarding claiming against my neighbours?
Jo
Submitted: 2 years ago.
Category: Law
Customer: replied 2 years ago.
I should add that at the time that it happened, my daughter's partner who lives in my house went to the neighbour and said their painter had got paint on the car, my daughter and her partner dont drive so he asked advice. The neighbour said he could go with him to get it cleaned. But my insurance did not cover my neighbour and I wanted to take it to a Mini dealership. My other daughter who can drive took the car through a car wash, and when I returned I tried to manually clean the car but the paint would not come off. When I returned I talked to the wife of the neighbour who had earlier been talked to, and showed her. She was very sorry and said the painter had been very careful (not careful enough) but she would have to talk to her husband. We have since taken it to the Mini dealership and have the attached quote for work. We have given a copy to the neighbour who said it could have happened anywhere and he will get legal advice. My car insurance is comprehensive, but they say I would need to pay the full excess up front which is more than the quote for work (750).
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You need to write and set out your losses and request a the cost of repair 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.
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.
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 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.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
Can I go ahead and get the work done on my car, or should I wait?
Customer: replied 2 years ago.
this link you provided is not working - http://hmctsformfinder.justice
Expert:  Ash replied 2 years ago.
Yes you can go ahead. Link is:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex
Customer: replied 2 years ago.
How much detail should I put in the letter - should I talk about trying to clean the car etc, or just keep it very short?
Expert:  Ash replied 2 years ago.
Keep it short and to the point. You can say you have tried to clean it but unsuccessfully.
Does that help?
Alex
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