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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71043
Experience:  Over 5 years in practice
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I agreed to sell my brother a car and agreed monthly payments.

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I agreed to sell my brother a car and agreed monthly payments. He onlny made one payment .it was a done on a verbal agreement apart from one personal message on Facebook. Can I take him to the small claims court ?

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much does he owe please?
Customer: replied 4 years ago.


Thanks for the information.

You are absolutely right. You do have a claim against him and you can recover at the Small Claims Court.

The fact that it was a verbal agreement is a nonissue. A verbal contract is just as good as a written one. The only difficulty is proving what was agreed but the fact that you transferred your car to him, he did make one payment and there is a message on Facebook is likely to be sufficient to prove this.

You do need though to send him a letter before action giving him 14 days to pay or resume payments and making clear that in default you will sue. Obviously he may ignore that but the fact that you have sent it will protect you from costs application.

You can issue against him here

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

I took the car in part x for my car so it never got registered to me . He tells me it is scrapped even though it is showing up as insured and was last registered on 7th of January

It won't make any difference. The point is that he has a car that was yours. A court is likely to draw the inference from that but there was an agreement to pay.
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