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Dear Forum,

 

I am a building services consulting engineer by profession and have also started up 2 small businesses, one of which is Nationwide 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

Edited by Andyorch
Identifiable date and possible Liable allegations removed
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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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Hello and welcome to CAG. 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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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

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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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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?

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You file a claim by completing a claim form (see https://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_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 claim, 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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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

Edited by Andyorch
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Location removed.

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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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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

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