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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 6434
Experience:  Senior Associate Solicitor
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I was very nervous to send this e-mail to ask for help as my

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Hi Madam
JA: Where is this? It matters because laws vary by location.
Customer: Good morning.
I was very nervous to send this e-mail to ask for help as my last results .I have been suffered silence over 3 years due to lost my car. I have got this email from Bromley county court who direct me to do so.
On 18/02/2016 I had my car break down and was taken to ONE STOP GARAGE by AA. It was diagnosed that my car’s ECU problem.ONE STOP GARAGE manager called me if I would like to repair ECU or change new one. I said I would like to have a new one as my car has very low mileage.ONE STOP GARAGE order new ECU for my car and sent my car to MASTER CITREN for re programme without my knowledge .I was asking ONE STOP GARAGE many time after one week as they promised that when I can get my car back. The manager in the ONE STOP GARAGE told me that Citren dearer could not fix my car and find more problem and he took my husband and I to Citren dealer’s garage on 09/03/2016 in Beckham in Bromley. The guy who works in citren garage told us that New ECU has put in my car but car was not start so he said that they found another problem which was gearbox problem .He said that they could not repair it and I have to buy new gearbox .I asked why they could not repair it as they are the Citren dearer -like mother of ALL Citren vehicles. He said we are not repair it you need buy new gearbox if you want your car to start running. I have discussed with ONE STOP GARAGE manager and agreed to purchase one .However my nightmare has started that my car still not running as they put new ECU and NEW GEARBOX.I was suffered without car for so long and depressed &emotional ,cried so much and Citren dearer ask to pay big bill without fix car .Since then two garages are sued each other in the County Court at Bromley. Citren dearer lost case and was asked to return my car to ONE STOP GARAGE in 2018.My car was left on the road without pay road tax and was disposed by DVLA.I have got penalty ticket from DVLA.I have to ask ONE STOP GARAGE to pay this penalty with big argument as I did not know where they put my car. Yes eventually ONE STOP GARAGE paid this bill but I have lost every thing .I have asked ONE STOP GARAGE for compensation however The director told me they will sue Citren dearer again and no news from court .I have been aske many times even last week but ONE STOP GARAGE ‘s director was telling me’ sue me, sue me ‘.nothing I can do .I feel that I have right to ask them to pay me back but I feel that I am like a beggar. Where is justice? We are live in a very developed country We are in the west. Do we have proper department can help people like me as I have no lawyer but I am really want to stand up for myself
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I am looking forward to hearing from you soonKind regardsChunmin LuSent from Mail for Windows 10I am in Bromley Kent
JA: Anything else you want the Lawyer to know before I connect you?
Customer: please read my email which i want to send out but rejected.I really need help please please

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Has this case gone to the county court (I noticed you mention Bromley County Court)? If so, what stage is the case at.


Customer: replied 4 days ago.
At moment that ONE STOP GARAGE has sent letter to county court to sue Citren dearer but still has not get answer yet ,This was director told me but personally I feel that just excuse .I am suffered so much but each time I am asking they I am like beggar.What should I do ? I did asked lawyer and they ask near 10,000 .I am not rich other wide I could forget it

What is your loss in total?

Customer: replied 4 days ago.
my car worth more than £2500 and very low mileage less than 24000 mileage..I was suffered from emotional ,depression?.cried so much and in convenient and i have to buy another car which cost me more
Customer: replied 4 days ago.
I am willing to sue them for £10000
Customer: replied 4 days ago.
What do you think?Do I need a lawyer? how much? Do you think I worth to do it ?I am angry and I am hopeless and helpless.some one some one could help me please
Customer: replied 4 days ago.
If I have no lawyer how can i present myself to fight for this case .

You can sue for your losses and a further sum to reflect stress/inconvenience but £10,000 would be very high to be completely frank with you. Further, a claim up to £10,000 would not be taken on by a solicitor under a no win no fee agreement, so you would either need to pay a solicitor privately (which may cost more than you actually recover in damages) or you can sue and do this yourself using the http://www.moneyclaim.gov.uk website. The site is easy to use and designed for litigants in person - no lawyer required. And you can come back to this site for further guidance if you need it.

 

 

I would recommend that you send the party at fault a formal letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (tel: 03454 040506).

You will need to register at http://www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: http://www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee. If this applies, let me know as you cannot use the online money claims site – you have to use the paper N1 claim form and the EX160 fee remission form (I have copies).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company, apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 4 days ago.
Thanks Jim.I feel much better .due to I lost my first car which using petrol I have to buy my 2nd car after 4 month i could not get my car back but this car MINI was using diesel so I have to sell it as next year extra low emission zone come to Lewisham where I am working .Actually I feel I have lost so much .If I still have my first car I can still using it .So What do you think how much should I claim?

You can start off at £10,000 if you wish and you would be given the opportunity to give your witness statement to the court to show the impact this has had upon you. If your loss is £2500 then I would expect you to recover that plus a sum to reflect stress and incovenience (possibly up to around the £5,000 level). Short of a recognised psychological condition, this is likely to be the best outcome (if you were diagnosed with something then it would mean this is a personal injury claim where damages are higher). I might be inclined therefore to sue for around the £5,000 mark.

Customer: replied 4 days ago.
thanks Jim