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Lynette's Daughter, Cherly Prater,  took Lynette's car and tried to keep it.

Cheryl Prater, Lynette Croll's Daughter had divorced her husband about the same time Lynette had a stroke - 11th November 2002. Lynette had given Cheryl $15,000.00 towards her legal fees but this wasn't enough for Cheryl. She believed she was entitled to more.

When Lynette was in the Dandenong Hospital Cheryl "borrowed" Lynette's car and then refused to return it. Lynette wrote a letter asking for the car to be returned, she went to visit Cheryl three times and Cheryl refused to open the door. In desperation Lynette contacted a solicitor to begin legal action. Lynette wrote, as a last try before court, the attached letter.

A week later the Bunyip Police called and told Lynette that her car was at the Bunyip Police station to be collected. Before someone is taken to court they must be given an opportunity to remedy the situation. This opportunity was done in the form of the Uniform Civil Procedures Document Rule 444. Cheryl consulted a solicitor who advised her that she had to give the car back.

29^th February 2004

Cheryl Anne Prater

42 Eulinga Avenue

Aspendale  Vic  3195

Written under Section 444 Uniform Civil Procedure Rules

RE: Disputed property

Applicants Complaint:

That you have been keeping the motor vehicle red Toyota Sedan registration QUO433 with the GPS navigation system NAVMAN hidden and are not prepared to make it available for collection and return to me.

Relevant facts:

The Plaintiff has left a letter in your letter box seeking the return of the motor vehicle and you have not responded

Relief sought:

The Plaintiff will seek from the court an order that you make the vehicle available for the plaintiff to pickup.

Why the applicant should have the relief:

This vehicle was loaned to you while I was in hospital and did not need it. This vehicle was never given to you and verifying this is the fact that no attempt was made to do a vehicle transfer. I now am able to drive this car again and wish to commence a normal life driving myself to the doctor and elsewhere as necessary.

Nominated time:

I nominate the date by which you must reply to this letter before I formally make an application to the court as being 14 days from today's date being the 13^th day of March 2004.

This letter is written under Section 444 of the Uniform Civil Procedure Rules

Yours faithfully

Lynette Croll