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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had an accident in December 2014. I used a claim management

Resolved Question:

Hi
I had an accident in December 2014. I used a claim management company to handle the claim for me and they arranged:
1- recovery of vehicle
2- storage
3- engineer reports of damages
4- hire car
5- solicitor to deal with personal injury.
The car had a value of 40k, the engineer estimated the repair cost of 15k and salvage value of 13.5K and declared that as cat-D write off.
While I was on holiday abroad claim management company sold my car without my knowledge.
20/12/2014 – 18/01/2015 I was abroad
12/01/2015 they sold the car for £12k
20/01/2015 upon my return I signed a form agreeing to engineer’s report to be forwarded to insurance company inorder to settle the claim
22/01/2015 I received letter from DVLA saying we are not registered keeper of vehicle
Claim management company copied my signature on to another document (exact copy by photoshop) which says the salvage belongs to them and I will not retain the salvage.(still dated as 20/01/2015)
The new keeper says based on these 2 forms (although identical signature) he is innocent purchaser and has paid 12K for the car.
The claim management company does not have any money to give me.
The insurance company did not accept the engineer’s report. They think car is not salvage. It is repairable
Can I get my car back??
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.for now please let me know why the management company does not have any money for you?
Customer: replied 11 months ago.
please see attachments
Expert:  Ash replied 11 months ago.
Thanks, ***** ***** does not say why the mangement company didnt pay you?
Customer: replied 11 months ago.
at the begining when I found they sold the car they were trying to convince me that they have the car and not sold but the insurance company wants to secure the car in their name before they pay 40K
when I asked to see the car they started to ignoring my calls and not answering.
I called police and they went to their premises and saw the copies of those documents that I attached and told me this is not crime it is civil matter.
they have ignored all letters from my solicitor asking them for clarification and payment of 40K for the car and I think they have moved out from that premises also.
thanks
Expert:  Ash replied 11 months ago.
What is the value of the vehicle?
Customer: replied 11 months ago.
Prior to accident value 40K
repair 15.5 by Mr Ovais engineer (11k by third party insurance engineer)
salvage value 13.5 k by Mr Ovais engineer ( third party see this as repairable car)
I also had to pay 39k in June 2015 (after it was sold for 12K) to BMW to clear the finance.
Expert:  Ash replied 11 months ago.
Is there still finance on the vehicle or has that been settled?
Customer: replied 11 months ago.
as per my previous reply , I have paid the 39k and cleared the finance so there is not any finance outstanding.
Expert:  Ash replied 11 months ago.
Ok. Do you have evidence as to who the car has been sold to? Just to be clear? I assume you want your car rather than the £39k?
Customer: replied 11 months ago.
yes , I have the name and address of the new owner.
did you see the files that I sent you? we wrote to him and the new owner has instructed a solicitor to act on his behalf.
their reply is on those files and also my solicitor's final decision is also in those files (I will attach them again FYI)
Customer: replied 11 months ago.
and yes I want the car back
Expert:  Ash replied 11 months ago.
In order to sell a car you must have good title. If the management company did not have title then it can not be properly sold. As such you are entitled to seek an order for return.You need to complete 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.It may not be a small claim and as such you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 11 months ago.
THanks for your reply. Can you please confirm that you could read the files I sent you. the new keeper's solicitor says seeing those papers that have my signature is enough for them to say Mr OVais had the authority to sell the car at any price even less than what it was valued.
Also please read my solicitor final decision which says we are not in a position to issue proceeding and explain why.
I really want a second opinion if I can get the car back or not and how.
there are only 3 documents that new owner has:
1- receipt of money he gave to Mr Ovais for 12K
2- document that I signed ,saying I am happy with engineer's report to be sent to insurance company to settle my claim
3- the fraudulent document which says the salvage of the car belongs to salvage company and I will not retain the salvage (which I never signed)
please see those document and advise me if I have a case or not.
thanks
Expert:  Ash replied 11 months ago.
Yes I have read them. But the issue is this, in order to sell you must have title. They didnt have the right to sell and therefore didnt have title.I think you have a case.Does that help?Alex
Customer: replied 11 months ago.
thanks Alex
so in your opinion that fraudulently signed document does not give them right to sell?
Can you please comment on my solicitor's reply (ignore the parts related to BL jones engineer and MR Ovais) I am only interested to encourage him to initiate claim against Mr Bilal (the new owner)
Also are you in a position to take on the case from here and represent me in court?
Expert:  Ash replied 11 months ago.
Correct. Sadly I cant take on a case for you as its against to site rules. Your Solicitor can formulate their own reply, I can't do their job for them!Alex
Customer: replied 11 months ago.
ok I understand,
by seeing the Bilal's solicitor reply (Barring solicitor) what is my chance to win the case? it is going to be expensive avenue.
and what should I write on the value of claim?
Expert:  Ash replied 11 months ago.
I think you have a decent case. Your value is to be blank, you are seeking the return of the carAlex
Customer: replied 11 months ago.
is this still the case when he says "... I have purchased in good faith..."
he has repaired the car and driving it for about 1 year. the car has lost significant value over this period.
Am I entitle to any compensation? Do I have to pay him for the repair (which is not done properly)?
I appreciate your advise
Customer: replied 11 months ago.
Am I right to say:
1- the new keeper (Mr Bilal) failed to check HPI to see there is 39k outstanding finance
on 12/1/15 when he paid, he failed to establish if they have good title
2- the document Mr Bilal is given contains identical signature and is fraudulent and dated on 20/1/15 (after the purchase date)
3- the money he paid was significantly less than the value of the car.
Expert:  Ash replied 11 months ago.
No, you dont have to pay him anything. Its up to him to pursue the management company.There is no title - you own it, therefore its your car.Does that clarify?Alex
Customer: replied 11 months ago.
1- when someone pay for a good (car in this case) does he have to satisfy himself that the seller has the title?
2- if he fail to do that/ignore that or to do it improperly is he in breech of anything? is he liable for anything?
this is part of my argue as he paid on 12/01 and the document that he refers to is signed on 20/01
3- also the price that he paid (12k) is less than salvage price declared by engineer (13.5K) is this enough to say there is relation between him and salvage company?
thanks
Expert:  Ash replied 11 months ago.
1. Yes2. He isnt breach of anything, but he doesnt have title and therefore doesnt own whatever he has brought3. No, he still needs title.Does that clarify?Alex
Customer: replied 11 months ago.
the management company had my V5 document aswell to pass it to insurance company and the new owner says this is the good title and is now in their name. Are they correct? obviously the management company signed the V5 not me.
Expert:  Ash replied 11 months ago.
No. You didnt give permission so they do NOT have good title.You didnt sign it or authorise it.Does that clarify?Alex
Customer: replied 11 months ago.
I really wish there was any chance that you take my case and represent me. I need someone who firmly knows what needs to be done. my solicitor is so soft and flexible and get influenced by defendant solicitor and back off easily. please help me if there is any chance. you can also email mfarduk at***@******.***
thanks
Expert:  Ash replied 11 months ago.
Sadly I am not allowed. Its against site rules I cant breach that.Please remember to rate my answer as I am not paid by the site unless you do.ThanksAlex
Customer: replied 11 months ago.
the customer service told me you might be able to introduce someone with sufficient knowlege and expertise in MAnchester, UK to help me.
thanks
Expert:  Ash replied 11 months ago.
I am not permitted to recommend anyone. But I would suggest a public access Barrister. They can be found at:MyBarristerClerksroomdirectDoes that help?ALex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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