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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80790
Experience:  Over 5 years in practice
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I took out a car under my name for my brother and it was

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Hello, so I took out a car under my name for my brother and it was agreed he would make payments to my account monthly. He has not been paying me for nearly a year, won't return the vehicle to me so I can return it to the finance company. I called the police to help me collect the car but because there was a verbal agreement that the car would be his, regardless of all the paper work being under my name and that they could not help and said it was a civil matter. I have this debt sitting on my credit file and I have contacted my brother mulitple times but now he has just cut me off
JA: Where are you? It matters because laws vary by location.
Customer: I am based in Hampton
JA: What steps have you taken so far?
Customer: I have tried contacting the police to collect the car with me, I have contacted the finance company directly to discuss the situation and work an outcome with them, they requested the vehicle back. I have tried to contact my brother numerous times to sort it out but he's just ignoring me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 19 days ago.
Hi Jo C,Thank you, ***** ***** await your response

What can I do for you?

Customer: replied 18 days ago.
I am not sure what I should do if I can't get the vehicle from my brother and he's abandoned the payments and I have been left with it
Customer: replied 18 days ago.
Can you please tell me where I stand legally with the car and what I should do

What does he owe?

Customer: replied 18 days ago.
The current balance is £2353

Thanks for the information

Yes, you could sue over this.

If this is a limited company you can also sue the directors. They are liable if they acted fraudulent or negligently.

You need to write to them to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See here for a guideline

https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim

You can issue here

www.moneyclaim.gov.uk

If this is under £10k then that is just a small claims court sum.

Even if it is under £25k the costs are fixed.

You claim for the sum of the loss, interest at 8% per annum and the cost of issuing.

If you succeed then they will have 14 days to pay in full and thereafter you can enforce using bailiffs if needed. You can also freeze their account or seek a charge on their property.

Can I clarify anything for you?

Hope this helps.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo

Customer: replied 18 days ago.
I can make a claim directly against my brother for the sun he has refused to pay and withholding the vehicle?

Yes

Customer: replied 18 days ago.
Perfect thank you

Good to talk to you.

No problem.

All the best.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Jo C. and other Law Specialists are ready to help you