How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75108
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

My vehicle is at an unknown location being repaired. Shane

Customer Question

My vehicle is at an unknown location being repaired. Shane (mechanic) will not divulge location which has been 10 weeks up to now. No email address either JA: Where are you? It matters because laws vary by location. Customer: Cheshire JA: What steps have you taken so far? Customer: called police, they say it’s a civil case as he has not refused to return the vehicle and I technically handed him the keys JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: my partner has msg him threatening police , trading standards civil action

Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 14 days ago.

Please explain the circumstances in some more detail. Is this person trading as a business or as a private individual?

Customer: replied 14 days ago.
Not quite sure on either
Expert:  Ben Jones replied 14 days ago.

OK no problem, so what is your specific query in relation to this please, so that I can best advise?

Customer: replied 14 days ago.
He has had my vehicle for 10 weeks or so. He hasn’t refused to give me my vehicle , but refuses to give up his location so I can get my car
Customer: replied 14 days ago.
My partner worked with his wife for a period and wife gave us his info to get the car repaired
Expert:  Ben Jones replied 14 days ago.

OK please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 14 days ago.
It was done in good faith , he’s also had 2k of my money to help towards costs
Customer: replied 14 days ago.
All I have is his name phone number and bank details. No location, no price. Just keeps filling me full of crap about completion because every week the car is ready,then turns out it’s not.
Customer: replied 14 days ago.
Shane Dooley is his name. Associate is Emma Harvey. He is all over the Wirral times
Expert:  Ben Jones replied 14 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

The person has no legal obligation to disclose the location of the vehicle, although he would have to make arrangements for its return to you eventually. The police are correct that this is a civil matter but the civil options do not necessarily allow you to get the vehicle back and if it becomes clear that he is unwilling to do so, then you may have to pursue him for financial compensation instead, to cover the value of the vehicle.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 14 days ago.

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.

Expert:  Ben Jones replied 14 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.