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Max Lowry
Max Lowry, Advocate
Category: UK Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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in May this year the drive cable on our lawn mower became disconnected.Not

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in May this year the drive cable on our lawn mower became disconnected.Not being a handy man my husband phoned a local repairer who collected the mower and promised its return in 2-3 weeks and would cost £50.Fourteen weeks and many phone calls later we are still without our mower.We have since been told that reconnecting the cable is quite a simple job and a replacement cable cost £10.The last phone call 3 weeks ago, my husband was upset by the mans aggressive attitude who did not give any apologies or reason why the repair has taken so long.He infact fact slammed the phone down.My husband is a very quiet mild man and now has decided to just buy another mower rather than be abused again.Our mower was old but in excellent condition other than the cable.It is a hayter harrier 41 auto petrol which to replace is £500-600.The newer models are not as good as the older ones and we certainly could not afford another hayter as we are pensioners.The man left us without any paperwork or proof that he took our mower.Is there anything we can do?

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Whether he has the mower may be your word against his if he denies having it.

Max Lowry :

Your husbands testimony in court is good evidence. It's not like having a signed receipt, but what you have to say to a Court about who took what is good evidence anyway.

Max Lowry :

If he doesn't return the mower on demand that you would be entitled to issue court proceedings in the small claims court for the value of the mower of a like-for-like replacement.

Max Lowry :

This can be done online at www.moneyclaim.gov.uk

Max Lowry :

Alternatively, you would be able to issue proceedings for the same mower to be returned to you, but that would have to be done by loding a paper claim form in the county court.

Max Lowry :

I see that you are not online at present and I will answer any queries that you might ask when I am back online if not available when you are here.

Customer:

thankyou for your prompt reply.Does like for like mean a mower of the value that our old mower is now worth?

Customer:

we would much prefer our old mower returned to us,how do we do the claim in the county court? This sounds like a big step and way out of our comfort zone but this man has ignored all our pleas for the mowers return fixed or not so this is probably our only option.

Max Lowry :

It means a second hand one at the same stage of life as yours. If you want your own mower back, then you need to pick up an N1 claim form, and issue that in the county court. You need to specifically say you want an order that he return your old mower. In fact, you can get the N1 claim form online here: http://www.justice.gov.uk/courts/procedure-rules/civil/forms

Customer:

Thankyou very much for your help.

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