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Lawyer fees for a letter?

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Long story short, my card was used to put down a deposit on a car for £500 for an Audi at their garage in Bexley by someone i knew but without my consent. My bank cancelled my card and told me to cont… Read More
Faiza Avatar
8m, 2w agoPosted 8 months, 2 weeks ago
Long story short, my card was used to put down a deposit on a car for £500 for an Audi at their garage in Bexley by someone i knew but without my consent. My bank cancelled my card and told me to contact a lawyer to recoup the funds (this person used my credit card for quite a bit, various amounts, lengthy battle involving police reports, investigations etc but got it back)
I was quoted £150 by a lawyer for a standard letter which is a bit steep. Does anyone know of any other lawyers that don't charge as much?

My bank closed my account as i was seen as a 'risk' therefore they weren't able to help with the £500
Faiza Avatar
8m, 2w agoPosted 8 months, 2 weeks ago
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#1
£150 seems cheap. A lawyer would have to see you, take all details, draft Letter before Claim which details the transactions. If other person chooses to ignore this, then what? You can throw huge amounts in legal fees which you will not recoup (assume claim worth less than 10k) or you can issue proceedings yourself. You need to be sure other person has money or assets. Litigation expensive and not recommended!
#2
Just to clarify, you gave your card and pin to someone you knew? If you knowingly did this then no wonder the bank won't help. If you didn't knowingly do it then the bank should be recovering it for you.

A solicitors letter won't really help you in my opinion, you're going to end up taking them to the small claims court to get any money back but again you're really going to struggle if you knowingly gave them permission to use it without an agreement of how they were going to repay you.
#3
Citizens advice normally give you a lawyer for a letter free but if you need any other work done after you have sent the letter they will offer you a lawyer cheaper good luck
#4
Contact judge John Rinder! He's unavailable for a few weeks but should have some time to hear your case after Christmas.
#5
i couldn't face going on tv!
#6
£150 is painful, but tbh I would think that is normal.

Is it really worth it?

As above, can't you just take the person to the small claims court?

Presumably you have enough evidence to make a good claim.
#7
seabs
Contact judge John Rinder! He's unavailable for a few weeks but should have some time to hear your case after Christmas.

Is that the judges younger but more approachable brother?
#8
stevemack
Just to clarify, you gave your card and pin to someone you knew? If you knowingly did this then no wonder the bank won't help. If you didn't knowingly do it then the bank should be recovering it for you.
A solicitors letter won't really help you in my opinion, you're going to end up taking them to the small claims court to get any money back but again you're really going to struggle if you knowingly gave them permission to use it without an agreement of how they were going to repay you.

nope, he somehow managed to get the front and back of my card and made the deposit over the phone. we used to be friends so used to hang out. scumbag that he is
#9
#10
Just put it down to one of those things and move on. Do you really want the stress etc and I doubt a letter will scare them, so what would be your next move court ? That would cost a lot more than the £500 you lost.
Put it down to experience and with the £150 you was going to pay for the letter just get drunk instead. :)

Edited By: hutchir9 on Nov 08, 2016 21:31
#11
Sorry sounds dodgy to me, how did the "fraudster " have your card number and PIN ? - are we talking about a domestic here? "Somehow managed to get the front and back of my card " ! Scum or not your argument and claim is against him .
#12
He didn't get my pin at all. The credit card was used over the phone so no pin was used. Just like internet purchases, no pin is needed

Audi have said they will refund me. I've been in dispute with them and they know it wasn't me (I'm from Glasgow, never been to bexley) and police reports confirm this. All they need is a lawyers letter to send me a cheque. As the card that was used was cancelled straight away and they can't refund it back on the card
#13
Audi have my money, not him.
#14
They dont need a lawyers letter to send a cheque. Online small claims fee is £35 - so write to Audi yourself saying if the money is not returned within 7 days you will issue a claim in the courts for £500 plus interest plus court fees.
#15
Really? That's good to know. Although they said it was to do with some legal process they couldn't send me a cheque
#16
My other half is a litigation lawyer and Ceres and Buzzard are right - she would be too expensive for what you are trying to achieve. You seemingly have a claim against this individual so you should make an online "small claim". The County Court would then write to the guy to say that the matter would be listed in Court but that he had a right to refute the claim within a certain amount of days.

If he fails to make a valid representation then a judgement will be made against the guy and the monies that you have laid out can be added to that. Most folks want to avoid a County Court Judgement (or "CCJ") as it will affect their credit rating (difficulty getting finance, a lease, etc). Have a look at this GOV.UK page and decide for yourself https://www.gov.uk/make-court-claim-for-money/overview and good luck! As a ps Debbiedturner also has a valid point - if this guy is potless anyway you may even be throwing your cash away even if you get the judgement as he could plead poverty
#17
Your bank are liable. Unless you are proven to be acting fraudulently yourself or not taken the necessary steps to prevent this.

http://www.which.co.uk/consumer-rights/regulation/payment-services-regulations-2009

Also Audi are in breach of the payment regulations themselves as they should have done an address check on the card as it wouldnt have matched the details given. Or the name on the card for that matter. I would get the police involved, revisit the bank and also contact the FCA regarding Audis stance. Also is it actually an Audi garage or a franchise as you would need to speak to right person.

The bit thats a little strange is that the bank are point blank refusing you the refund.

So infact you shouldnt need a lawyers letter. More a bank letter confirming your identity and the reasons of the card being stopped and the details of the transaction.

Edited By: bigweapon07 on Nov 09, 2016 00:53
#18
As above (bigweapon07)

1. A lawyer's letter is not really the correct course of action.

2. Providing you havn't been acting fraudulent and you've taken reasonable action to prevent this then your bank should be assisting in reclaiming the funds. They won't do this willingly, you need to get onto them and state your card was fraudulently used. It seems at the moment as if they think you 'allowed' the other person to do this.




Edited By: joshp on Nov 09, 2016 01:16: .
#19
seabs
Contact judge John Rinder! He's unavailable for a few weeks but should have some time to hear your case after Christmas.

Judge Robert Rinder's deed poll application was a success I see...
#20
momartin
seabs
Contact judge John Rinder! He's unavailable for a few weeks but should have some time to hear your case after Christmas.

Judge Robert Rinder's deed poll application was a success I see...


Shows how much attention I pay to Strictly when it's on :D
#21
sierra111
My other half is a litigation lawyer and Ceres and Buzzard are right - she would be too expensive for what you are trying to achieve. You seemingly have a claim against this individual so you should make an online "small claim". The County Court would then write to the guy to say that the matter would be listed in Court but that he had a right to refute the claim within a certain amount of days.
If he fails to make a valid representation then a judgement will be made against the guy and the monies that you have laid out can be added to that. Most folks want to avoid a County Court Judgement (or "CCJ") as it will affect their credit rating (difficulty getting finance, a lease, etc). Have a look at this GOV.UK page and decide for yourself https://www.gov.uk/make-court-claim-for-money/overview and good luck! As a ps Debbiedturner also has a valid point - if this guy is potless anyway you may even be throwing your cash away even if you get the judgement as he could plead poverty
Surely the claim is against audi as they have the ops £500.

Did the thief even get the car they paid the deposit on?
#22
sierra111
My other half is a litigation lawyer and Ceres and Buzzard are right - she would be too expensive for what you are trying to achieve. You seemingly have a claim against this individual so you should make an online "small claim". The County Court would then write to the guy to say that the matter would be listed in Court but that he had a right to refute the claim within a certain amount of days.
If he fails to make a valid representation then a judgement will be made against the guy and the monies that you have laid out can be added to that. Most folks want to avoid a County Court Judgement (or "CCJ") as it will affect their credit rating (difficulty getting finance, a lease, etc). Have a look at this GOV.UK page and decide for yourself https://www.gov.uk/make-court-claim-for-money/overview and good luck! As a ps Debbiedturner also has a valid point - if this guy is potless anyway you may even be throwing your cash away even if you get the judgement as he could plead poverty

Thanks for this, very interested. He claimed to own a few cars and sent me pics. I sent all of these to the police. The police checked the car against his license and address(he sent me a pic of this to compare dodgy pics but came in handy)
Police confirmed that the car was in his name and registered to that address.
He didnt get the car from Audi, infact when i spoke to the sales man at the time, he told me that seemingly he was in the garage before with another female and was trying to get her to take finance out for a car.

Ill check out the small claims online. Does it matter that im in Glasgow and he's in England?
#23
bigweapon07
Your bank are liable. Unless you are proven to be acting fraudulently yourself or not taken the necessary steps to prevent this.

http://www.which.co.uk/consumer-rights/regulation/payment-services-regulations-2009

Also Audi are in breach of the payment regulations themselves as they should have done an address check on the card as it wouldnt have matched the details given. Or the name on the card for that matter. I would get the police involved, revisit the bank and also contact the FCA regarding Audis stance. Also is it actually an Audi garage or a franchise as you would need to speak to right person.

The bit thats a little strange is that the bank are point blank refusing you the refund.

So infact you shouldnt need a lawyers letter. More a bank letter confirming your identity and the reasons of the card being stopped and the details of the transaction.


I also work in litigation so know a bit about procedure etc. I query the Court fee quoted above though.
#24
Judge Judy?
#25
ceres
Faiza

Thanks for this, very interested. He claimed to own a few cars and sent me pics. I sent all of these to the police. The police checked the car against his license and address(he sent me a pic of this to compare dodgy pics but came in handy)
Police confirmed that the car was in his name and registered to that address.
He didnt get the car from Audi, infact when i spoke to the sales man at the time, he told me that seemingly he was in the garage before with another female and was trying to get her to take finance out for a car.
Ill check out the small claims online. Does it matter that im in Glasgow and he's in England?
Your story is making absolutely no sense whatsoever. Perhaps that's why your bank has pulled the plug on you. In post #14 you say that Audi has your money. In post #23 you say 'he' (who?) didn't get the car from Audi. Who is the person with car pics and a licence? Perhaps if you start at the beginning again with all the facts, someone might be able to give you some real help rather than second guessing what has happened and trying to fill in the blanks.
And what exactly is this standard lawyer letter supposed to say? Were you actually asked to get an affidavit?
Looking now more like hes lent the 500quid and cant get it back. Strange and misleading story
#26
Ok maybe I didn't put it clearly

This guy (ex partner) used my credit card over the phone to make a deposit for a car in bexley Audi. (Franchise I think)

Audi took the payment and From what Audi told me he went into the Audi garage to take finance out on the car with another female.

When I seen the transaction on my statement, I contacted Audi. I told them it was fraudulent and they subsequently cancelled the car agreement he had in place


I did not at any time give him my card. The card was cancelled straight away and I handed the card to my bank to be destroyed.

Audi confirmed to me that they can take payments over the phone to place a deposit on a car. I had no idea that this could be done. Unless he got another female posing as me over the phone, I don't know.

Audis initially stupidly told me to get back in touch with them so he could tell them to cancel the agreement and therefore refund my money. I had reported this to the police and on action police fraud website (got an incident number for both) but Audi weren't interested. The police also told me not to contact the fraudster even tho Audi wanted me to.

I disputed contacting him as per police. That's when Audi said I needed a letter requesting the money back. They weren't able to refund it back on the card (cancelled) and they weren't able to do a bank transfer either despite saying they would

My last conversation with Audi was them saying for legal reasons they can't issue the payment back to me as it wasn't the original method. I queried those with them as cards can be lost/cancelled but they didn't budge on that stance

The bank did their own investigations and said it was more of a civil matter as I knew the person. I told them I did not give my card details in any way but they failed to have my back on this despite being with them for over 16 years

Hopefully this is a bit clearer.
#27
Also apologies for the late reply. I had the email notifications on, but some reason i didn't get anything

And also, I'm a she. Not sure who referred to me as a 'he'
#28
Audi specifically said they cant. Due to some sort of financial legal thing.
#29
'Audi Financial Services is a trading name of Volkswagen Financial Services (UK) Limited ("VWFS UK"), registered in England and Wales with company number 2835230. Registered office: Brunswick Court, Yeomans Drive, Blakelands, Milton Keynes MK14 5LR. Financial and consumer credit services are provided by VWFS UK. VWFS UK is authorised and regulated by the Financial Conduct Authority (FCA), registration number 311988. Authorisation details can be checked on the FCA's register at http://www.fca.org.uk or by contacting the FCA on 0800 111 6768.;

Can i direct my complaint to there?
#30
I don't get why you are so sceptical? I'm asking for advice. I don't understand why you are suggesting I'm not disclosing anything? I wouldn't waste my time asking on a public forum, nor would I waste my time with police/lawyers etc regarding this issue.

I don't understand Audi's stance myself. I have an email trail where they said they will refund but when I spoke to the head of business, they told me that they couldn't and needed a lawyers letter to confirm which was something due to a financial legal thing.

That's what I require clarification on, as Audi have been unhelpful clearly.

I don't really know how he got my card details. I had the card on me at all times so I can only assume he must have seen it and took pictures of the card. Other than that I have no idea. I don't have my purse on me 24/7. I guess fraudsters can work in many ways.

If you still think I'm 'at it' then I'll show you the emails, I'll give you police references etc. But please don't think for once that I'm not 'disclosing' anything because that would be a waste of my own time

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