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RJM Law, Lawyer
Category: Scots Law
Satisfied Customers: 3757
Experience:  LL.B (Hons)
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How do i retrieve a car that i am paying for from a family

Customer Question

How do i retrieve a car that i am paying for from a family member JA: Where are you? It matters because laws vary by location. Customer: Kilmarnock, Ayrshire. JA: What steps have you taken so far? Customer: Have asked for the keys for the car personally and was refused. Went to her house the following day and she would not answer the door. Went back probably about 30 minutes later and she was away. She had gone to her daughters and the car was sandwiched between 2 other cars. JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you. Customer: The V5 is in her name as registered keeper. Her name is**********, 52 Know***** Road, Short****, K***ar****. KA1 ***

Submitted: 12 days ago.
Category: Scots Law
Expert:  RJM Law replied 11 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 11 days ago.
Have just cancelled my account with you as you were not receiving my e-mails.
Expert:  RJM Law replied 11 days ago.

Thank you, ***** ***** are the owner of the vehicle i.e. the person who has paid for it, you can legally retrieve it, what you require to be careful about is, you don't breach any other laws such as trespassing or criminal damage etc.  The first step wold be to contact the police, they can advise the vehicle is returned to you if it is your property, this will prevent you from potential trespass, criminal damage or breach of the peace.  If you require to take steps to receive the vehicle, and it costs you money, you can make a claim using the small. claims process to retrieve your money back.  Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this may be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.  In terms of evidence, ensure you keep copies of all correspondence, photo’s, social media items etc. you have in connection with the claim.   These can be used to strengthen your case and will be considered in evidence by the court at the hearing.  The strength of your evidence may also help to obtain an ex-judicial settlement.