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Keyed car

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I not sure how to start.

 

My sister met her new partner years after the breakup of his marriage. But My sister had her car keyed by her partner’s ex-wife.

 

lucky for my sister, a neighbour had it on CCTV.

when the police were called and shown the video, they visited the ex-wife and she admitted it and promised to pay to put it right.

The police suggested the best way to handle this would be restorative justice, the ex-wife agreed to pay but with the proviso if she doesn’t do what she promises she can be arrested for the crime.

 

Her partner Ex-wife works as a school teacher or works in a teaching capacity in a school.

not want to prolong or cause any problems for the ex-wife she agreed to go along with the police.  

 

my sister spent time going getting quotes from 3 companies near to her because she has two children to look after so she need to stay close to her home.  

she sent her a letter sent with the three quotes giving he 14 days to choose and an extra 7 days to sort out payment with whoever she picked out of the three.

 

After 21 days she had heard nothing of the ex-wife.

my sister sent her another letter giving her another 14 days to sort things otherwise she will have no other choice but to involve the police.

 

My sister got a letter back to day saying (ex-wife) never received the first letter and she admitted she had damaged the car and said she would pay but it happened because of having to deal with her ex- husband’s and to put thing right, she offered my sister five pounds a month.   

 

A This would take 66years to pay off approx. £4,000 damage

B The ex-wife is in full time employment.  

 

What can my sister do?

I have suggested that she get the police back involved and press charges for the damage to her car.   

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What is the value of the damage?

 

She can sue for trespass and seek the cost of the damage plus damages for the trespass (the insult).

 

I would send a letter before action giving them 14 days to pay the money or else you will sue. Make it clear that if you do sue you will also be recovering the costs of the claim and also extra damages for the trespass.

 

If you are driven to issue the court papers and if she then comes up with the money I suggest that you only agree to withdraw the claim on condition that the monies paid over in full plus any fees incurred


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Get the police involved again.

If they prosecute her for criminal damage and she is found guilty a successful county court claim is guaranteed.

 

That won’t affect the “cant pay / will take forever to pay it off” issue : you can’t get blood out of a stone.

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Thank you bankfodder for your quick responce. the cheapest quote is £3,900 the other 2 are over £4,000

 

my sister is too nice for her own good, she feels guilty getting the police back involved because his ex-wife works with kids.

I told her that the ex-wife knows you are a nice person that is why she offered you the Five pounds. 

Because she does not think you will do anything.  

 

if she get charged and taken to court and she will be found guilty because she has already admitted doing it.

Then sued in county court to get the money back.

 

Because she works in a school she will at some point get a DBS recheck and it will show a criminal record and CCJ. 

 

BazzaS.

Thank you for your help.

The ex-wife has admitted to the police on camera that she keyed my sister car.

since it is about £4,000 worth of damage, do you think they will go to court or just go for a police caution

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DBS / eDBS won’t (& shouldn’t!) have a record of a CCJ, only unspent convictions / cautions (for the DBS) and

(for the eDBS) “other information at chief officer of police’s discretion” as well as spent convictions

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Depending on exactly what the police originally said and how long ago it was, I might be a bit concerned that they may no longer be interested(?).  Having said that, I think£4k of damage is pretty serious and I'd definitely consider getting them involved again.

 

EDIT:  I suspect the police took the easy route originally, and it may be too much trouble to resurrect

Edited by Manxman in exile

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It was 4 weeks ago. My sister call the police officer last night to get some advice on her options and she was told, that they think that £5. a month is restorative justice and don't want to reopen the case. so it looks like her partner ex-wife has got away with the damage. I am absolutely fuming, I will personally never trust the police again. so whats next complain to the police complaints authority. (after last night that seems a waste of time) take her to county court court. 

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Is this “can’t pay more” or “won’t pay more”?

 

Going to the county court may lead to a CCJ on her record, but won’t lead to a higher payment if she can’t pay more.

 

What have the police indicated as the mechanism for action if she stops paying the £5/month?

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This will be won’t pay more. 

The Ex-husband got his ex-wife to go to mediation to sort out the financial side because they own property together.  The ex-wife did not like what she heard from the mediator and would not cooperate. So they wasted 3 visits. Afterwards she arranged another mediation meeting but just for herself without the ex-husband involved and paid over £120 to tell the mediation service how bad she thought they were. Then told the ex-husband what she had done.    

Now here’s a new bit of information at the moment the ex’s have one of their houses up for sale, can my sister put a lean on the house?  If yes, how does she put the lean only on the ex-wife’s part of the money

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I think given the police response I think she’ll have to go down the County Court route to get any kind of payment over £5/month.  With a CCJ you have enforcement options open such as a charging order (against the property being sold), attachment of earnings - her employer will have to be informed, or even the HCEO. 
 

I’m also just wondering if it is worth reporting this to the motor insurers - given that you know who caused the damage and they could possibly pursue for recovery of their repair costs if they repair the vehicle. But there may be effects on the premium if she does - someone else may be able to comment further on that. 

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I'm afraid that as I suspected earlier, the police will do nothing.

 

No point going down the IPCC complaints route I don't think.

 

If it makes you feel better, write a formal complaint to the Chief Constable (copy in your local elected Police Crime Commissioner or whatever they're called) and say you are very disappointed and disillusioned by the police's handling of this incident.  Outline the facts and say that you are the victim of an act of deliberate and malicious criminal damage (I assume you have evidence or have been told by the police it was deliberate and/or malicious?) that will cost you about £4k to put right - and the police have decided to take no further action.  You can try padding it out by pointing out that by not taking action against what they may consider to be "low level" crime, (even when they have an admission from the perpetrator) it inevitably lowers the level of public trust in the police, and reduces the quality of the fabric of society.  You know the sort of thing I mean...

 

I would also point out that the police's response that £5 a month is reasonable or satisfactory (whatever they said) is wholly unacceptable to you and would be to any other responsible citizen...blah...blah

 

With the police having got an admission, you consider it clearly to be in the public interest for a prosecution to go ahead for a case involving several £ks worth of criminal damage.  (Others will know better than me, is it possible for a victim of crime to appeal formally against a decision not to prosecute?  I thought there was such a procedure?)

 

Also, their failure to act makes it more difficult to sue the perpetrator who will no doubt deny it in a civil court

 

[Edit: not sure if it's worth trying to mention you want "compensation" at this stage?  Others can judge better than me.  I'd want them prosecuted and convicted and take it from there.  Not being vengeful - that's what should happen]

 

That's what I'd do.  (Let us know how you get on if you try this).

 

Can't comment on the small claims and insurance routes.

Edited by Manxman in exile
spelling & addition

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Two other things.

 

First, put the complaint letter on hold for a while.  Have you rejected the ex's offer yet?  If not, I'd write rejecting and saying you will urge the police to prosecute her.  Give her 7 or 14 days to re-consider their offer and see what happens.  If no satisfaction, then write my letter of complaint to the CC and elected Crime commissioner.  Just make sure you can't be construed as making an attempt to blackmail them when rejecting the offer.  Say you will be urging the police to prosecute - don't suggest that you won't do this if they pay up!  Does that make sense?

 

Second, I would add to the letter to the CC that the idea of paying off £4k of damage at £5 per month makes a mockery of the idea of restorative justice (which the police seem to be relying on).   You need to be "restored" to the position you were in before.  The idea of a fiver a month (and the police's apparent endorsement of that) is risory.

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