Car given to Garage for Insurance approved work and they sold it - court claim issued

[looser01]

My car was vandalised, was fully comp. insured,

the insurance approved my local garage body work specialist to carry out work.

During the time they had the car, i mentioned to the owner that i would be selling my car if you do come across any potential buyer.

The owner had an employee working for him, the employee sold my car to his mate and then left the job.

The owner said that i should ask him for the money.

At the time the car was sold i was not told or called to see the buyer nor agreed any price, the owner says he sold it for £2200.00.

At the time the car was selling for around £2995.00 in Auto trader.

When i received a letter from DVLA stating i am no longer an owner of the car, i went to the garage and asked him what happened to my car, he said his staff sold it and he would pay me if he doesn't pay the money?.

Since then the owner was paying me £200.00 now and then in total £800 paid.

I also had his courtesy car i was using it while he pays me the balance of £2200.00. and then return back his car.

Now he says the MOT and Road tax is expired and he wants the car back?

i asked him to pay me the balance which is around £1400.00, he says he has no money and i was using his car which costed him £1500.00. and return the car back to his garage.

I asked him for my money and he says he has reported his employee to police and they can't find him to recover the car or money / get him prosecuted etc etc..

I need to sue this garage because he has taken a biscuit.

Kindly please everyone on here help me to sue this owner of garage

1 How to sent him LBA and what i should write in the letter

2. n150 claim form and what i should write and how best i could fill it in for the judge to favour me

(and sue him for theft and fraudulently forging my signature on the log book when sold to someone without my permission or any price agreeing with his employee or the buyer of my car.)

P.S.

I went to police to report this incident, and they said it is a civil matter because i took some money he offered me for my car and they are not debt collector, the DC "says does it look like we are debt collectors outside while i was in the police station?". I said no i can see it says SCOTLAND YARD!!

Kindly please please everyone on here help me as to how i could word the LBA and N150 form etc etc.

Thanks in advance

[caro]

Hi looser.

 

Interesting that the garage owner says he's reported it to the police. Ask him for the crime number.

 

Have you informed the insurance company about this? If your car has been stolen from the garage can't you claim from your insurance? How come they had the log book? If they have acted fraudulently I would expect the insurance company to deal with it.

[stu007]

Hi

 

Agree with caro you really need to inform the Insurance Company Urgently of this issue.

 

I would also write to the insurance company and request any documentation they have recieved from the garage for the work payed for by the insurance company.

 

The Employee that sold the car was under the Employment of the Owner of that Garage at the time the car was sold from the Employers Garage without consent of the actual owner therefore the Employer is responsible for the action of his/her Employee.

[looser01]

Thank you for you response.

 

1. I will ask the garage owner for the crime nmber on Tuesday

2. The car was insured during the time the garage had for the work approved by the insurance company, then the car insurance was expired.

3. the car was sold after the insurance expired from his garage by the employee

4. I am not sure if the insurance company would get involved as this was fradulantly signed on my log book, the log book and the folder was left in the glove compartment locked when the car was left in the garage.

 

As a last resort i would ask the garage owner to pay up on Tuesday this week or threaten him that i would have to do all of the above and see his reaction on this incident.

 

Thanks again and i will update on here what happenes next.

[caro]

Thank you for you response.

 

1. I will ask the garage owner for the crime nmber on Tuesday You could also mention that you intend to inform the insurance company that this has happened.

2. The car was insured during the time the garage had for the work approved by the insurance company, then the car insurance was expired. Why didn't you just have it back then? Did it stay there to be sold?

3. the car was sold after the insurance expired from his garage by the employee Surely the garage must have some kind of insurance. I'm not sure if public liability insurance would cover this or professional indemnity. Frankly the problem is the garages to sort this if you put in a claim.

4. I am not sure if the insurance company would get involved as this was fradulantly signed on my log book, the log book and the folder was left in the glove compartment locked when the car was left in the garage. Worth a shot, especially as the garage was their choice and you would not otherwise have gone to them.

 

As a last resort i would ask the garage owner to pay up on Tuesday this week or threaten him that i would have to do all of the above and see his reaction on this incident.

 

Thanks again and i will update on here what happenes next.

 

I suggest that you take a preliminary letter with you giving them 14 days to pay up or you will be starting the court process which may lead to extra costs and interest at 8% from the time of your loss.

[looser01]

I have taken my local garage to the court under small claim, he has now failed to file N152 Allocation Questionaire to the court.

I received an order and it says

:" your defence/counterclaim will automatically struck out without further order of the court"

The notice is served pursuant to paragraph 2 (2) of the practice direction supplementing Part 51 of the civil procedure rules.

I now have to get judgement entered on his name and bailiff to get my money and also interest plus compensation, how and what is the procedure for me to do?

Kindly please advise since i am lost here.

spoke to the court staff today she said he has not filed and the defence is struck out

you need legal advice we are not trained which is true.

The order is to the defendant I am the claimant

[citizenB]

Hmm, I don't know what you need to do. But I know a man who does.. I will send an S.O.S. for you

[looser01]

citizen B,

Thank you for you reply, I was reading CPR PART 51 etc etc but i got confused in that it says i need to tell court staff so they can tell judge to make final sum of damages interest compensation on top of the amount of claim,

but do the bailiff go to his garage? to get the amount ordered by the judge?

and what type of an application or letter i need to make in line with the paragraph 2 (2) ? of the practice direction supplementing part 51 of civil procedure rule? lot has changed in this field i guess.

Thanks again and i do hope we can get this process sorted as it is now on my favour i think !

[citizenB]

I have left a message for andyorch who should be able to answer your questions.. He isn't online at the moment, but I am sure he will be around later on today

 

Just one question.. did you sue him as the business or in a personal capacity. If the business, then it is likely they would go to the garage.

[looser01]

Citizen B,

 

As the business, He owns the business i think as a sole trader not sure ? he has about 30 cars outside his GARAGE !. I put his garage name and followed by his name on the claim form so that the Judge knows as well.

[AndyOrch]

Hi Looser

 

If you could type out the particulars you claimed (verbatim) less any Identifiable data plus a ball park amount claimed .......then we can see what options are open for execution of the judgment.

 

Regards

 

Andy

[looser01]

Hi, Andyroch

Thank you for you reply.

N1 Claim Form Date: 10/09/2012

Claimant

Mr xxxxxxxxxxxxxx

Defendant

Mr xxxxxxx xxxxx ( Owner xxxxxxxxxx Garage name )

My car was dold without my permission by Mr xxxxxxxxxxx owner of garage and his employee.

Mr xxxxx Garage owner told me to get money from his employee.

Employee left the job, Owner has done nothing to recover my car or report his employee to police for theft or fraud taken place while my car was authorised by my insurance company to carry out necessary work caused by vandalism.

Value

£4295.00

On the second page i also inserted

The claimant also claims interest in accordance with s.69 of The County Court Act 1984 at the rate of 8% per annum for general damages at the desecration of the Honourable Judge.

-------------------------------------------------------------------------------------------------------------------------------

Before this i sent him LBA requesting, all document he relies and I rely, he never sent me anything.

The Date I gave my car for repair was 16/11/2011 This is the date my car was vandalised and i reported to police and my insurance company.

The insurance company agreed with this Garage as a known to their criteria to carry out insurance work.

I did mentioned to the owner that after you finish works and re spraying the whole car to it's original paint work i would be selling the car because i am afraid the same people will come and do the vandalism again,

Owner of Garage assumed in his dodgy mind and my understanding he was already doing dodgy claims and coning vulnerable people.

I have a letter confirming from the insurance company showing they paid £2331.00.

My car would have been worth the amount i am claiming for at the time he had it or nearer to completion of work.

I only found out when i received a letter from DVLA stating that "I am no longer owner of my car".

I hope this helps.

Regards

Looser01

Would I be able to claim interest and compensation from the date when i gave my car for repairs on 16/11/2011??

Or from the date N150 sent to Dated 10/09/2012

[AndyOrch]

You can only claim interest on the loss of the vehicle from the date of loss up until judgment or payment......you have not referred to compensation/damages within your Particulars.

 

Regards

 

Andy

[looser01]

Hi Andy

Thank you for you help, in the claim form I did say for judges discretion to claim general damages ?

Kindly please let me which form I need to fill for the court etc

[AndyOrch]

The claimant also claims interest in accordance with s.69 of The county court Act 1984 at the rate of 8% per annum for general damages at the discretion of the Honourable Judge.

 

You should have stated the damages within the main pleading...above is the section 69 interest on late payments or loss...which is 8% on top of the amount claimed...in other words you have asked for interest on damages but no figure has been requested or set.

 

 

Enforcement is applied for through the court by completing a simple form, and payment of a fee. The fee and form is sent to the court with a copy of the Judgment. Enforcement action is the method of extracting payment from a debtor that has not paid you, ignored you, can pay you (but won’t) or can’t pay you.

There are a number of enforcement options, the most popular being:

a) Warrant (N323) – the use of county court bailiff, or High Court sheriff

b) Orders to obtain Information from Judgment Debtors (formerly: Oral Examination – a financial examination of the debtor, under oath, at the debtors home court. Corporations must serve (deliver) the Order themselves: individuals can request the court to serve.

 

The creditor can request a District Judge to ask the questions (previously this was the task of a court clerk who, with the greatest of respect, in my experience, always had a tough time extracting useful information from debtors). Prison is now a real threat if debtors fail to attend hearings. c) Attachment of Earnings – deduction of debtors wages, at source (by employer). d) Third Party Debt Orders (formerly Garnishee) – utilizes debtor’s bank account to extract payment, with application through the court that judgment was obtained. e) Charging Order – your debt is secured on the debtor’s asset (house), with application through the court that judgment was obtained.

 

Regards

 

Andy

[looser01]

Hi, Andy

Thanks again

 

I will go through issuing N323 tomorrow at my county court, just one question looking at N323 i can not see any boxes to add interest in the form? is there a link her i can see an example of adding interest on top of the amount and then issue fee as well as balance due for bailief to collect.

 

Regards

Looser

[AndyOrch]

Does the judgment allow sec69 interest? To claim section 69 interest you first have to work out the total amount of your claim - excluding interest and court fees. You are entitled to claim interest at 8% per annum on this amount. Work out the 'daily rate' by multiplying 'the amount of your claim' x 0.00022. You also need to count up the number of days from when the money became due up to the date on which you issue the claim. Multiply the daily rate by the number of days to work out the 'interest so far'.

 

Furher to the above as another option from 1 April 2004 High Court Enforcement Officers replaced High Court Sheriffs and the restrictions under the old bailiwick system were abolishedfor debts over £600.00 it is usual to apply for a judgment order at the same time as entry of judgment. Once the order is received we make immediate application via our recommended HCEO to transfer up proceedings from the County Court to the High Court and instruct the HCEO to proceed with the enforcement

the HCEO will usually visit the defendant within 4 or 5 days of receipt of instructions and give them notice that unless full payment is received goods will be removed and sold. The HCEO does not actually remove goods at this time but arranges for the defendant, or a representative of the defendant, to sign a “Walking Possession” Agreement. The agreement gives a brief inventory of the goods seized, an approximation of their value and notifies the defendant that all goods are now in the custody of the HCEO and may not be disposed of or removed without his/her consent

 

if the defendant makes full payment prior to removal and sale the HCEO will hold the funds for 21 days to ensure clearance

if payment is not received or if the defendant has not made an instalment offer which is acceptable to you the HCEO will proceed to remove the goods and sell them at public auction

because the HCEO is entitled to his fees and charges from the time he is first instructed it is of the utmost importance that you contact us immediately should you receive payment from or have contact with the defendant direct. Care must be especially taken when he is in “Walking Possession” or if he has made arrangement for removal and sale because his charges can be astronomical. If, for any reason, you instruct us to withdraw at this stage you will be liable for all of the HCEO’s abortive charges

[looser01]

Thank you for you help

Hi Andy

How do I make a judgement order and the judgement entry order ?

I already have General Form of Judgement or Order , Please guide me

Thanks again