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Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Scots Law
Satisfied Customers: 8036
Experience:  Dual qualified Solicitor and Attorney
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I need some advice regarding a current situation. I’m

Customer Question

I need some advice regarding a current situation. I’m looking to hire a lawyer, but would like to know the chances of winning, and where I may be wrong and what possible solutions can come out of it.
JA: Where are you? It matters because laws vary by location.
Customer: Scotland
JA: What steps have you taken so far?
Customer: nothing.
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
Submitted: 14 days ago.
Category: Scots Law
Expert:  JGM replied 14 days ago.

Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.

Expert:  JGM replied 14 days ago.

Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.

Customer: replied 14 days ago.
In November end, I bought a car from guy. This transaction of car was through a bank transfer in his girlfriends name and his cousin was present at the room. We finally agreed on a deal, where I paid him £10,000 of total £25,000 to get the car from Birmingham. I received the car, and we drafted the contract where he was liable to repair the damages that were in the car in the included price.The remaining price was agreed that I will be giving him by 20th of Jan 2021.However, behind all this, he bought a separate worth £70,000 from a provate seller and paid him the £10,000. He obviously had to make payments to that car, so he asked me to the pay the remaining money before the date, which I refused to give. I went to India on 17dec 2020. And behind my back he went to my secure car park in Glasgow and took the car to London(he had tracker I. The car and another key), during which he damaged the engine.Due to such instances, I lied to him, and did not give him the remaining money, as now the car was in his possession.Now after long back and forth discussion, he told me in feb that the car was damaged and had a cost of £5000 to repair it.After this we mutually agreed, that I will not be able to pay the remaining amount so it is best we sell the car to someone else, which he agreed.Due to his payment of the £70000(Audi R8) car he bought, the private seller reported the car stolen and got it off his hands.Now the seller I dealt with is denying to return my money back and buy the car. And is claiming that it’s my fault that he lost the R8 deal.So as of now he’s linking me with a his guy and claiming my money is in his hands.I also paid half of his court fees for him bringing fraud to the other guy.
Customer: replied 14 days ago.
Hello, please let me know if you need any additional details.
Expert:  TetyanaP-admin replied 12 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
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Tetyana-moderator
Customer: replied 12 days ago.
No I can wait. Please do it as soon as you can.
Expert:  Jeremy Aldermartin replied 11 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 11 days ago.

To clarify you never paid the remaining £15,000 required to own the car? Was the car taken by the seller before or after 20/01/2021?

Customer: replied 11 days ago.
After paying the £10,000. The guy asked me into paying £1,800 which was paid before 20/01/2021. Then when I came in Feb he asked me to pay more, promising he will give the car back after the repair. The payment was £1,500.Since then something else has happened on his other deal with the car of which he has been blaming on me.
Customer: replied 11 days ago.
The car was taken by the seller on 17th December 2020.
Expert:  Jeremy Aldermartin replied 10 days ago.

Thank you for confirming, so the contract states until the full payment is made the car is not yours but the seller took the car before you could make the full payment. He therefore owes you a full refund of the money paid thus far. I recommend you write to them and ask them to refund the money owing within 14 days or face legal action.

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 fees are 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 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.

I trust this assists you in understanding your position however, should you have any supplementary inquiries, do not hesitate to ask and I will look to clarify or expand on my previous response.