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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I am a motor trader recently I agreed with a customer to buy

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I am a motor trader recently I agreed with a customer to buy back the vehicle they had purchased from me because they claimed to have problems with it. I bought the car back for £2200 which I paid directly into there bank account. I paid this money on the 15th May 2016. To date despite many attempts to contact them I have not received the keys documents or indeed the vehicle. I have written to them stating that I will be charging them £50/ day rental for every day I am without the vehicle. They stated last week in an email that on Monday they would post the keys and documents to me 2nd class post but to date still no evidence of this. I have for-filled on my side of the agreement and I am wanting to take legal action against this person as I feel they have not acted in a manner appropriate for the written agreement we had regarding the return of the vehicle. One little complication is this person has moved from Leamington Spa to Glasgow. I notice that on money claim this fall outside the jurisdiction of money claim but at the time of the original transaction and indeed Can you advise me of my position and what I should do next. Based on my rental calculations and allowing her 3 days grace from the time I had paid her in full to return the goods I calculate my claim against her as of today to be £1100. Can you advise me how to move forward with this
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

On what basis do they refuse? Do you know the address in Glasgow?

Customer: replied 1 year ago.
They are saying they did not agree to return my goods immediately after they received payment. However I would not have agreed to make payment to them without the immediate return of my goods. Yes I do have an address for them in Glasgow
Customer: replied 1 year ago.
In fact when I did write to them stating what I would do regarding my goods and claiming compensation for the delay in there return. They just said good luck. And stated tat if I did not pay for the recorded delivery return element to get my keys documents and the location for the vehicle they would send the aforementioned items by second class post and would not take responsibility for there return to me
Customer: replied 1 year ago.
I am attaching the email chain that has occurred recently:Samantha Hankinson <*****@******.***>
To***@******.*** Jun 3 at 10:36 AM
Hi Mike,I have no record of these attempts to contact me. I look forward to seeing you in court regarding the rental fees.You have not answered my question, do you wish to pay for me to send the keys and documents via recorded delivery and first class on Monday or are you happy to risk the normal second class service?Sam.
Hide original messageOn 2 June 2016 at 23:32, ***** ***** <*****@******.***> wrote:
Samantha.I have taken legal advice on this matter (Blyth liggins solicitors).Upon the point that I paid the full amount agreed. The goods become my property. At this point you cannot dictate the terms as it is clear from the previous correspondence that the expectation is the immediate return or access to my property. As you have denied me this access. I am legally allowed to charge you a daily rental for the none returned unaccessable goods. For motor vehicles a reasonable daily rental would be £50 per day. I am charging this rental from the 18th May 2016 as this would be a reasonable amount of time to expect the safe return of my goods. I am starting proceedings to recover this and obtain access to inspect and retrieve my property.I have made several attempts both via phone, email and text which until today you have chosen to ignore.Regards***** *****
Autobahn DirektSent from Yahoo Mail on AndroidOn Thu, 2 Jun, 2016 at 20:53, Samantha Hankinson
<*****@******.***> wrote:
Hi Mike,I am on holiday and will forward the doc when I am back. I don't know where you get your dates from. I have no record of an agreed date stated, let alone a date which is before the legal handover date of 23/05/16 - as you dated the document.If only you'd been so urgent when you were in breach of contract and owing me money. We would not be doing this now!I am back next Monday and will send docs and keys second class standard delivery. If you wish them to be insured and first class, please let me know and transfer relevant money to cover the cost and I will make the arrangements. If you choose not to it's at your own risk and I take no responsibly.Sam.On 2 June 2016 at 08:50, ***** ***** <*****@******.***> wrote:
Samantha,We had a contractual written agreement that I have clearly honored and you have failed to fulfill your side. I have taken advice and further to my previous emails and correspondence I am sending a final letter before starting proceedings to recover my goods and seek monetary damages. I attach a letter stating your breach of contract.Regards***** *****
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a refund 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 refund 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.

Given they are in Scotland you may not be able to issue a claim online.
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.
If I am pursuing the £50 per day rental on the vehicle is this deemed as reasonable on my behalf. I know its a million dollar question but based on what I have sent you do you think I would be successful with my claim
Customer: replied 1 year ago.
Do you think that my claim for rental is reasonable
Expert:  Ash replied 1 year ago.

I think it should be lower, but claim more as a Judge can always knock it down.

Does that clarify? Alex

Customer: replied 1 year ago.
I have written a letter stating that I am pursuing £35 per day she has now returned the key and the v5 but still has ommited to tell me where the vehicle can be found so I can inspect it and make sure it is in the same condition that I sold it to her
Expert:  Ash replied 1 year ago.

Ok great. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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