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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1721
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I've been sold a write off car and the person has just

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Hello I've been sold a write off car and the person has just disappeared now
JA: Where are you? It matters because laws vary by location.
Customer: Watford Herts
JA: What steps have you taken so far?
Customer: Just spoken to a friend for advice and tried communicating with the seller. He's gone with the money
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No not that I can think of now

Hello.   I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Customer: replied 3 days ago.
How do I cancel the premium rate call? Not very technical I'm afraid

The Premium Service Phone Call costs an additional £44.

I shall be delighted to speak to you today if you accept the site’s automatic offer.

If you do not want a Premium Service Phone Call, do not accept the offer and you will not be charged extra.  I am happy to provide you my answer by text on the Portal.

I have not received a notification that you have accepted a Phone Call from my side and therefore you have not been charged extra.

Customer: replied 3 days ago.
Can u advise with the premium call pls. I have been advised to speak to trading standards

This is a complicated matter which requires a detailed discussion where I can provide bespoke advice.   I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call.  If you accept, I can pass you my direct contact details for a bespoke document review and telephone advice.

Customer: replied 3 days ago.
Understandable. The point is though is there anything that could be done at qll? When the seller doesn't respond. At all. I have no receipt no whereabouts.

You have a cause of action in breach of contract and/or the tort of deceit (i.e. fraud and theft) against the seller for eliciting monies from you by deception.

Therefore, you must claim against the sellers in Breach of Contract, Breach of the Sale and Supply of Goods and Services Acts, and the tort of Deceit (Fraud).

If your expected damages are under £10,000 and you do not make an express pleading of “Fraud”, you may issue court proceedings via the Government’s Small Claims Track Online System: https://www.gov.uk/make-money-claim.   The issue fee will be no more than £410.00.   A party cannot normally recover solicitors’ costs on the Small Claims Track.   However, it is designed for non-lawyers (known as “Litigants In Person”).  The trials are relatively informal, and the judges do not expect parties to have the same legal knowledge as experienced solicitors and barristers.

However, if your expected damages are between £10,000 and £25,000, the claim will be allocated to the Fast Track, and if damages are over £25,000, it will be allocated to the Multi Track.

If you plead Fraud on the Claim Form and Particulars of Claim, the Claim will automatically be allocated to the Multi Track regardless of its damages value.

The Fast Track and the Multi Track are much more formal and legally technical, and it is expected that both parties will instruct solicitors.   The normal rule on the Fast and Multi Tracks is that the winning party (either at a Final Hearing, or through a negotiated settlement) can expect to receive most of their legal costs from the losing party.

If you make a pleading of Fraud and lose at Trial, you will have to pay the Defendants’ costs on the “Indemnity Basis” which means that you will essentially pay their Bill of Costs in full as served and filed without it being assessed by the Court for reasonableness and proportionality.

If your claim is worth over £10,000 and/or you are minded to plead Fraud in the Claim, I strongly recommend that you instruct specialist solicitors who are experts in commercial dispute resolution, financial crime and court litigation to advise you and conduct the litigation.   If you cannot afford legal costs upfront, you should contact your home or business insurers and ask if they will cover your legal costs under a legal expenses insurance policy.   They will either pay your solicitors’ fees or appoint a law firm on their panel of solicitors to act for you.

However, the potential defendants may be difficult to trace and may have moved your money to several other bank accounts outside of Western legal jurisdictions.   I recommend that you report this matter to the Police who may be able to assist.   If the Police are unable to trace the other parties, you must instruct your own financial crime investigators at your own cost.

Customer: replied 3 days ago.
Thank you so much for your advice so far. I'll see if I can speak to either the police or trading standards as I can't afford anything right now. I bought the car for £1430

I am delighted that I have resolved your enquiry.

I wish you all the very best in resolving this matter and of course for safely navigating the current “choppy waters” in which we all find ourselves. :)

Kind regards

LawyerEd

Customer: replied 3 days ago.
Thank-you

My pleasure.

Ed Turner and other Law Specialists are ready to help you
Customer: replied 2 days ago.
Where's the refundable £5 I was told?

Please message our site Moderators in respect of payment and billing queries as Experts have no control over these matters.   You should use the “Contact Us” button at the bottom of your page or use this link to contact Customer Services: http://ww2.justanswer.com/help.