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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There my grandmother verbally entered into an aggreement

Customer Question

Hello there my grandmother verbally entered into an aggreement for a third party to sell her car ... The car log book has not been signed and the car was taken early hours of this morning from the garage the man has given no money or anyhing what can be done
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
How did the person get the keys please?
Customer: replied 1 year ago.
My nan gave the gentleman the keys to the car a week prior as he was going to advertise the car and get it mot... He told her she would only get a low amount for the car and due to her age and being vunerable she said ok to seeking the car to a gentleman for £1200 but the man asked for the log book which hasn't been signed... THe car was taken from my nans property this morning and the gentleman who was selling the car has given no money either
Expert:  Ash replied 1 year ago.
Why did she let it go without being paid?
Customer: replied 1 year ago.
She told the gentleman she wasn't happy with the sale and wanted the car and the log book and keys returned but he has said he has sold it and no one has signed the log book or no money has changed hands.. We have proof that he gentleman put the car up for sale
Customer: replied 1 year ago.
She did not the gentleman took the car out of her garage without her permission she wasn't at the property this morning
Expert:  Ash replied 1 year ago.
Has she reported it to the Police yet?
Customer: replied 1 year ago.
Yes we reported to the police straight away they said it was a civil matter but I believe the car is now actually stolen as someone has the car but the log book is in my nans name
Expert:  Ash replied 1 year ago.
Ok - then you should re-report it to the Police in that case, but as they say it may be a civil matter. If so I will set out what you need to do.
You need to write and set out your losses and request a payment 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?
Alex
Customer: replied 1 year ago.
we went round to the gentlemanly property and he tried to then lock my nan in his house to get her to sign forms I told her not to sign anything as she does not agree with the sale .. He said he didn't have the log book so not sure what he was asking her to sign
Expert:  Ash replied 1 year ago.
Indeed. She does not have to sign anything whatsoever. If he does this again you MUST report that to the Police.
But you need to take the steps above if it a civil matter.
Alex
Customer: replied 1 year ago.
What do we do about the car as it has gone and the log book is not signed
Expert:  Ash replied 1 year ago.
You can't just go and get it back as the keys were handed over. Report it again to the Police but if they wont do anything you must get a Court order to get it back.
I am sorry.
Alex
Customer: replied 1 year ago.
Ok thank you .... What if this person commits a crime in my nans car as she didn't sign it over
Expert:  Ash replied 1 year ago.
It does not matter, it your nan wont be liable.
Does that help?
Alex
Customer: replied 1 year ago.
How though
Expert:  Ash replied 1 year ago.
Because although he is the registered keeper of the car, she didnt do whatever crime has been done. If its speeding she will simply nominate the person that took the car. That's it. She can't be liable for things she has not done.
Does that clarify?
ALex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Need help ... We don't want to claim for the money we want the car back
Expert:  Ash replied 1 year ago.
Yes you use form N208 instead and ask for an order to deliver up the car.
Alex

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