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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 7072
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My now ex partner (not married) had a old car but no cash, I

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my now ex partner (not married) had a old car but no cash, I agreed to sell her my car (a Mazda 5 sports nav 2008) for £3000 that she could pay me later as I know she has a good job. she has been using the car now for business and private use for over a year.
We have very recently broke up andI have asked her to pay for the Mazda. her response was to hand the Mazda back to me saying she no longer wanted it and insisted she signed the documents back into my name.
I booked in a valet so I could just sell the car, however, on inspecting the valet service I noticed damage to the front of the car.
I text my partner and asked has she bumped the front of the car, she was vague but finally said no.
I took the car to the main dealers and to my dismay the damage pointed out to me estimated at a minimum of £2,600, also side and rear damage has done to the car not relating to the front damage estimated at £1,400 to repair. The garage told me that the damage caused is typical of one car rear ending another. Because I was not working that day I made numerous phone calls to car accident websites, Police and the insurance company that we both were using with fully comprehensive insurance, and got enough detail to confirm my partner was indeed in an accident and there is a claim pending on her insurance for damage and personnel injury. I could not get specifics as the girl I was speaking to realised she should not be speaking with me as it was not my registered car at the time even though it is now.
I have written a letter to my partner asking her again if she has been in an accident and damaged the Mazda 5 and if she has giving her the opportunity to get the car repaired with her fully comprehensive insurance that I know she had. She has ignored my correspondence and bought another car. What can I do?

She cannot be forced to make an insurance claim but she is liable for the damage.

If she refuses to claim you need to establish either the repair costs and obtain those in writing from a garage or if the car is a write due to the cost of repair the value of the car again in writing.

Write a letter to her advising her that if she does not pay the amount within 14 days of the date of your letter you will commence County Court proceedings against her for the recovery of the sum plus costs and interest without further recourse to her. Make sure you add in any ancillary costs you have paid, eg. storage at garage if incurred.

You can then sue her online for the money debt.

Put money claims online in your computer search engine and it will come up look for the site that has for the official site as some solicitors try to get trade with similar named sites and follow the procedure.

As a small debt the claim will go through the small claims track which is relatively easy to follow. Once you have judgment you need to serve it on her and give a short period, say, 7 days for payment.

If she fails to pay there are various ways to enforce the judgment

Any further problems down the line come back to us for further guidance.

I hope this helps

If there are any further points please reply I will be happy to respond.

Best wishes


Customer: replied 1 year ago.
Thank you Micheal, really good advice

You are welcome

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