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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 81910
Experience:  Over 15 years in practice
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A company recovered my vehicle to their storage and on

Customer Question

A company recovered my vehicle to their storage and on collection of the vehicle damages were found and liability has been acknowledged but yet this company is authorising the damage to be repaired or pay me to have my car repaired after estimate cost of repair has been sent to them per their request. This has been dragging for 5 months now and nothing has been done about it. Now I am fade up and want to have it heard in the court. How do I go about it and what form do I need to fill out to the court please?
JA: Where are you? It matters because laws vary by location.
Customer: England Kent
JA: What steps have you taken so far?
Customer: I have spoke to the company, report to the police and police even try speaking to them. I have sent emails almost 30-40 emails copied relaxant team and their contractors per request from their member of staff, they referred me to their insurance company who state that they need to deal with the claim per their internal policy. Went back to this guy called Paul the manager he total keep messing me about. Sent me to another insurance broker who then investigate the claim and accepted it but state that it’s only the company that can authorise repair or pay out and got back to Paul he said that I should stop calling him. Basically I have been back and forth just to get my car repaired for 5 months now and nothing has been done. I now repair my vehicle but I want my money back from this company that damage my vehicle
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: that’s all for now
Submitted: 18 days ago.
Category: Law
Expert:  Jo C. replied 18 days ago.
Thank you for the question. It is my pleasure to assist you with this today. I am a barrister with over 15 years experience.
Expert:  Jo C. replied 18 days ago.

Why do they have it?

Customer: replied 18 days ago.
Sorry?
Expert:  Jo C. replied 18 days ago.

Well, why do they have your car?

Customer: replied 18 days ago.
They don’t have my car anymore
Customer: replied 18 days ago.
It was only for a day
Customer: replied 18 days ago.
31st to the Ist
Expert:  Jo C. replied 18 days ago.

But why did they have it?

Customer: replied 18 days ago.
Sorry I can’t call you
Customer: replied 18 days ago.
Message is fine
Expert:  Jo C. replied 18 days ago.

Ok, so why did the company have the car?

Customer: replied 18 days ago.
The company is a recovery company who recovers vehicle to their yard for collect by the driver
Expert:  Jo C. replied 18 days ago.

So why did they have it?

Customer: replied 18 days ago.
My car was stationary at a cctv car park while I was shopping cloths for my young son. when the police approached me in the store apparently my baby mama called the police that I am taking our child away which is not true as I had a text message to her stating that I will take our son to the mall for shopping. Police approached me in the mall and witness me and my son buying cloths and the next thing is them saying that my vehicle does not show insured on their system hence they are going to recover it. I went home using Uber and got my insurance returning back the vehicle has been taken from the car park. I went to the station and they gave me the company who recovered it. On arrival for collection I found several damages to the car because they did not have the car key so I don’t know how they took the car but yes they carry out investigations and found that they are liable for it. That’s how they got the car
Expert:  Jo C. replied 18 days ago.

Were you insured?

Customer: replied 18 days ago.
Expert:  Jo C. replied 17 days ago.

Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Sometimes I will get back to you very quickly, other times it's going to be longer and possibly hours or overnight

Please bear in mind that it takes me time to type answers and I also have clients and sometimes have to attend court so I may not get back to you immediately.

This really depends.

The police do not have to show they were right at the scene. They just have to show that they had reasonable suspicion. If you were not on their system as insured, they had reasonable suspicion so they were acting lawfully.

However, if that suspicion is later found to be wrong they often will pay for any damage caused. You have to write an appeal though rather than a demand.

As to damage though,it depends how it was caused. If it was to get into the vehicle then they would need to have made reasonable efforts to get the key. If not then that sounds like liability either way.

Can I clarify anything for you?

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

Expert:  Jo C. replied 17 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.

Thank you for trusting Just Answer, and of course me, with your legal problem.

If you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JoC

Thanks again,

Customer: replied 17 days ago.
The damages done was on the body of the car not because they tried to get into the car.
My question is how do I go about taking this company to the court and what form do I need to fill to court for hearing arrangement
Expert:  Jo C. replied 16 days ago.

You need to warn them first.  Otherwise you will be at risk of costs.

Thereafter  you can issue here

www.moneyclaim.gov.uk

Customer: replied 16 days ago.
I have warn them already
Expert:  Jo C. replied 16 days ago.
ok
Customer: replied 16 days ago.
My question still haven’t been answered.
I did asked what form do I need to file to the court for hearing?
Expert:  Jo C. replied 16 days ago.
it has.  Please read my post.