Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Max Roach Novitiate



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    Default Apply for Order to Deliver Up

    Dear Forum,

    I am a building services consulting engineer by profession and have also started up 2 small businesses, one of which is Nationwideicon Recovery Ltd. I unwittingly employed a person who had some serious past and pending convictions, he initially befriended me by selling me a vehicle.

    Unfortunately, I purchased a recovery vehicle to start the business amongst other vehicles to sell and trade with. I have a motor traders insurance policy.I am due to attend Magistrates Court on April 4th to claim ownership of 2 vehicles. The person concerned disowned his claim to 2 more vehicles purchased by me and I recently attended Police Station (3rd March 2017) to collect keys and registration documents and subsequently collected my vehicles from a car dealership where Police had placed them in safe keeping.

    Mr XXXXXXXXX the former employee has been working with a Mr xxxxxxxxxx he owns Auto Salvage is in possession of my Recovery Truck, a Range Rover TDV6, 2 no Land Rover Discovery vehicles and my boat, a 30ft displacement hull on a road trailer (combined weight 4.5 tonnes).

    Mr xxxxxxxxx, I have never met this man, . . Mr xxxxxx is refusing to give me back my property. He took my boat for minor repairs before releasing it back to me. He has supposedly carried out repairs to other vehicles in his charge and has failed to send me an invoice for repairs and vehicle/boat storage. I have it on record that Mr xxxxxxx has requested 10,000.00 in connection with repairs and storage costs ahead of me being able to view my property. I believe this is extortion.

    I am seeking advice on how I can recover my property (combined value 40,000.00). Mr xxxxxx has threatened me with violence and I have informed MET Police and Police accordingly. The emotional stress of losing assets and money to both of these persons (circa 90,000.00) has left me in a very dark emotional place and unfit to work...and in considerable debt.

    I would like to request advice on serving an "Order to Deliver Up" on Mr xxxxxxx, bearing in mind I am currently on 73.00 Employers Support Allowance due to the nature of my illness. I would be grateful for any advice in proceeding with recovering my property, legally and inexpensively.

    Kind regards

    Max Roach

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  2. #2
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



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    Default Re: Apply for Order to Deliver Up

    Please do not post names or locations...its irrelevant to your post and risky for the forum.

    Regards

    Andy

    Thread moved to General Legal Issues

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  3. #3
    Basic Account Holder Max Roach Novitiate



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    Default Re: Apply for Order to Deliver Up

    Hi Andy,

    I am new to this site and unfamiliar with protocols, many apologies.

    Kind regards

    M


  4. #4
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    Default Re: Apply for Order to Deliver Up

    Hello and welcome to CAGicon. Do I understand correctly that the crux of your issue is that Mr X is holding onto certain motor vehicles owned by you? And is refusing to release them unless you pay him a sum of money?

    If you agreed to Mr X carrying out repairs on the property, then Mr X will need to be paid his reasonable fee for that work. If Mr X is owed money it is possible that he will have a lien over the property, meaning that he needs to be paid before the property gets released. Of course Mr X cannot charge an excessive sum for minor repairs.

    If you cannot resolve the issue with Mr X, the next step will be to issue a court claim against Mr X for the recovery of your property. As you are receiving benefits you might not have to pay court fees. Given the amount involved you may need to consider using a solicitor (the costs of using a solicitor might be recoverable from Mr X if you win the case).

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  5. #5
    Basic Account Holder Max Roach Novitiate



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    Default Re: Apply for Order to Deliver Up

    Dear Steampowered,

    Thank you for your response. Mr X has not provided me with a breakdown for minor repairs and storage charges. I have offered to pay the bill but Mr X has sent txt to my colleague requesting 10,000.00 paid in advance. I cannot afford to go down the legal process. Do I walk away from this and lose 40,000.00 in assets?

    Kind rtegards

    Max Roach


  6. #6
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    Default Re: Apply for Order to Deliver Up

    The options that I can see are as follows:

    1) Pay the 10,000.
    2) Contact Mr X to find out how the 10,000 was calculated and try to negotiate a reduced amount.
    3) Employ a solicitor to issue a claim against Mr X.
    4) File a court claim against Mr X yourself.

    A sensible next step would be to formally write to Mr X asking for your property back. In the letter you would express a willingness to pay for reasonable repairs and request a breakdown of what is outstanding.

    I'm not sure why your contact with Mr X is through a colleague. Surely you should be contacting Mr X directly.

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  7. #7
    Basic Account Holder Max Roach Novitiate



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    Default Re: Apply for Order to Deliver Up

    Unfortunately, I do not have an address or email for Mr X. I have never met this chap nor do I wish to due to his violent past, he has threatened me with violence and my life. May I ask how do I file a court claim against Mr X?


  8. #8
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    Default Re: Apply for Order to Deliver Up

    You file a claim by completing a claim formicon (see https://hmctsformfinder.justice.gov....t_forms_id=338).

    You will need an address for the defendant to file a claim. You are also expected to write a formal pre-action letter to the defendant, setting out what you are asking for and your intention to bring a court claim if the matter is not resolved, before you issue issuing a claim.

    Do you know where the property is being held? If so does that give you an address?

    As the value of the claim is above 10k, this would not be a small claimicon, and would be liable for Mr X's legal costs if your claim was not successful.

    You do not need to meet Mr X but you would unfortunately need to correspond with him by letter if you wish to bring a claim. It would be worth seeking assistance from a solicitor or a law centre for this.

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  9. #9
    Basic Account Holder Max Roach Novitiate



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    Default Re: Apply for Order to Deliver Up

    Unfortunately, my Range Rover and 2 Land Rover Discoveries, my boat and recovery truck have appeared to disappear from his premises, a former RAF BASE, XXXXXXXXX. He has a compound but it may have no business address. I think I know where he lives but I am not prepared to put my life at risk by going there. He is using my recovery truck uninsured and untaxed. I think I`m pretty scuppered really!
    Kind regards

    Max Roach

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  10. #10
    Site Team The Consumer Action Group Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch Highly authoritative Andyorch's Avatar



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    Default Re: Apply for Order to Deliver Up

    Location removed.

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  11. #11
    Site Team steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered Authoritative steampowered's Avatar



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    Default Re: Apply for Order to Deliver Up

    If you have reason to believe that the cars were taken from the premises without your permission, that is beginning to sound like theft which is a criminal matter and should be reported to the police. An untaxed and uninsured vehicle on public roads should also be reported to the police.

    You don't need to go to the premises. You could seek a court order for (i) return of the property or (ii) payment for what the property is worth. If you get a court order, you then use bailiffs to enforce it. You shouldn't be going round to the premises yourself.

    It sounds to me like you need some proper legal advice so it is worth at least trying to see a solicitor or if that isn't an option then a law centre.

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  12. #12
    Basic Account Holder Max Roach Novitiate



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    Default Re: Apply for Order to Deliver Up

    Thank you for your advice. I went to my local police station to report, they say its a civil matter and therefore I could not report an offence. I believe I have exhausted my options.

    Kind regards

    Max Roach



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE
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