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Just after Christmas I took on quite a big restoration project for a guy .It started to go wrong almost from the off with various promises and payments on his part not materialising .
Last contact I had with him was at the end of Feb .Since then not a word, despite numerous attempts on my part to resolve things .
I suspect he has just run out of money and is in head bury mode .
I have two cars here ,project and donor vehicle and they are in the way .
I have just sent him a mail with a dated ultimatum but really don't know where I stand if I was to carry out the threat to dispose of his cars .
The reason I'm more worried than usual is the value of the car involved .It stands him at nearly 20k with the restoration to come .
I suspect I will have to talk to a lawyer but wondered if anyone here has had any similar issues .
Thanks ,Lee .
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I'd speak to a solicitor and get proper legal advice.
Do you have legal expense cover on your public liability insurance? That should cover this sort of thing
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Last Edit: May 29, 2012 7:34:53 GMT by akku
1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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marksparks999
Part of things
I aim to live forever, or die trying!
Posts: 656
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if you apply for log book by way of V62 (£25 at post office), DVLA will write to the last registered keeper to advise that someone is applying for a V5(c)... that may get a response?
You are not doing anything illegal, the vehicles then become you property and you can then do with as you see fit to recover any costs involved, and any excess returned or held for the owner for a reasonable time, but again take legal advice and write to the owner (keeping copies) with registered/recorded mail to cover your self.
So long as you can show you have acted 'with an honest held belief' that you are acting in a lawful manner, there should be no comeback.
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Retroless at the moment... but on the hunt for something old!
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Erm, I'm really not sure that is at all legal.
The car does not become "your property" - the V5C just shows who is liable to the DVLA for tax and so forth. Registered keeper.
You can take possession of goods (including cars) in leiu of payment but there are quite specific rules on how you go about this otherwise its pretty much theft.
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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if you apply for log book by way of V62 (£25 at post office), DVLA will write to the last registered keeper to advise that someone is applying for a V5(c)... that may get a response? You are not doing anything illegal, the vehicles then become you property and you can then do with as you see fit . This is wrong, Having the V5 for a vehicle does NOT mean you're the legal owner of it, only the registered keeper. It's even written on the new V5's. I'd say seek legal advise first of all. Have you tried ringing him instead of emailing? Maybe from a different number? Or assuming you've got his address, go round & try & see him. |
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Yes I had thought about applying for the V5 to try and wake him up .V5 is not proof of ownership ? But would at least get some response .I only have his email and mobile numbers ,no postal address .TBH the guy is a bit of an oddball but aren't we all .
I have contacted the people that sold him the car and they say he is alive and kicking as they had a text conversation with him a month or so back .They had found a shell and thought he might be interested .He claimed to be laid off work ill .Works offshore Africa way so at first I was thinking he'd fallen of a rig or been kidnapped .
Legal cover I'll have to check .At the moment most of the car is stored out the back of my garage with the shell on the drive as we needed space at the unit .The donor car is at the unit yard but the landlord may get uppity before long as it not in our allocated space .
I have called him and left voicemails ,email and text .He is UK at the moment I'm sure as it's a UK ring etc .
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Last Edit: May 29, 2012 7:56:44 GMT by ratmangta
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marksparks999
Part of things
I aim to live forever, or die trying!
Posts: 656
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as above... you are looking to take ownership 'in Lieu of debt' as I said seek legal advice, keep copies of everything, so long as you can prove you have shown due diligance any dispute would fall in the civil not criminal area... or if you have an address how about visiting him? Or if not near I am sure a member here would go and knock on his door... you never know they may have left the country for good, have financial difficulties, or at worst be deceased?
presumeably the last keeper when they sold it had an address, for when they gave him a receipt/competed new owner/keeper details on the log book?
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Retroless at the moment... but on the hunt for something old!
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Under these circumstances the DVLA may give you his address from the V5C.
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1937 Austin Street Rod - 1941 Wolseley Not Rod - 1956 Humber Hawk - 1957 Daimler Conquest - 1966 Buick LeSabre - 1968 Plymouth Sport Fury - 1968 Ford Galaxie - 1969 Ford Country Squire - 1969 Mercury Marquis - 1970 Morris Minor - 1970 Buick Skylark - 1970 Ford Galaxie - 1971 Ford Galaxie - 1976 Continental Mark IV - 1976 Ford Capri - 1976 Rover V8 - 1994 Ford Fiesta
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marksparks999
Part of things
I aim to live forever, or die trying!
Posts: 656
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there use to be a fee paying form you could fill in at the DVLA it was a V888, not sure if it is still available, but it was a vehicle history request, may be worth a call to see if that will give you the information you require?
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Retroless at the moment... but on the hunt for something old!
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stealthstylz
Club Retro Rides Member
Posts: 14,860
Club RR Member Number: 174
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When I worked in recovery the only time we could take ownership of a vehicle is when the recovery+storage costs have exceeded the value of the vehicle. I'd try and get a postal address for the guy and send him a letter saying "due to current issues I am hereby charging you £12 per day per vehicle space. Due to storing 2 vehicles the charge will be £24 per day. £12 a day is pretty much the maximum you can charge for a secured open air storage IIRC. It might give him the kick up the  needed though. |
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I was going to send him a detailed bill for storage etc but really expected some contact before now .
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Had it multiple times with insurance companies (Norwich Union as was) never collected the vehicle carried on clocking up storage fees till they were more than the current value....ended up with a few that way. Also one ebay sale, buyer came paid in full said they would be back and that was the last I saw of them till a YEAR later I had an email asking if they could pick it up. I'de previously emailled them repeatedly saying what the storage fees were and disposed of it after about 9 months when what they had paid+ value was exceeded.
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scruff
Part of things
Posts: 621
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As above, get legal advice.
If the vehicle has been left with you and he owes you money there are conditions under which you can sell the vehicles to reclaim your costs, I don't think that the cost has to exceed the vehicles value but you must have jumped through a set of hoops first.
Mate of mine has just bought a car from a chap under these circumstances, seller owned a lockup, car's owner stopped paying the rent and failed to rueturn calls or reply to letters, legal help sought, car and lockup contents sold in lieu of rent. All legit if done the right way.
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1994 Lotus Esprit - Fragile red turbo with pop up lights.
1980 Porsche 924 - Fragile red turbo with pop up lights.
I spy a trend...
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v8ian
Posted a lot
Posts: 3,776
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May 29, 2012 10:34:44 GMT
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Me, I would continue looking for him, you know his name, you know the area he lives, there are several search engines that offer a service for free, put in his name and area he lives and they search the electoral register, if he is on it, he will show up, if that works, I would send him either a stiff matter of fact letter outlining your problems with him and the money he owes, don't add bullsh-t or flower it up, matter of fact, recorded delivery, of course, and keep all copies of letters sent, no response from that, then seek legal assistance, one thing for certain is you don't have the right to sell the car or dispose of it to regain costs, neither does your landlord, what I think you have to do to enable to claim the car is go to court, and explain the situation, and ask for damages or costs or both to be recovered by selling the car, only the court can give you permission to claim or sell the car,!!!!
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Atmo V8 Power . No slicks , No gas + No bits missing . Doing it in style.
Austin A35van, very different------- but still doing it in style, going to be a funmoble
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May 29, 2012 10:47:46 GMT
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Proper legal advice required, preferably from someone familiar with the motor trade, who you can go back to, especially with the value of the vehicle, as a last resort for another contact number we have gone through the phone book calling people with the same surname in the correct area trying for a relative to get a message to him - this is obviously not an option for a Mr Smith etc.
Keep a record of every attempts to contact him and the outcomes, you will need this if it all goes tits up, does need to me much eg 26-05-2012 15:30 LMTR (Left messsage to ring) Mob, 26-05-2012 15:35 email to xx@xxx.com contact required
Have you tried to google his email address see if he is on any other forums and try to contact him through those.
Just another thought is the donor vehicle safe - its not likely to get towed while you are still responsible for it is it?
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ToolsnTrack
Posted a lot
Homebrew Raconteur
Posts: 4,117
Club RR Member Number: 134
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May 29, 2012 19:49:09 GMT
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I'd try and get a postal address for the guy and send him a letter saying "due to current issues I am hereby charging you £12 per day per vehicle space. Due to storing 2 vehicles the charge will be £24 per day. ^^^This^^^ Having ran a garage with similar dilemas, the threat of a daily accumulating debt usually spurs owners into action of some description. Good luck with it, also go visit CAB. They will keep you straight. They are not just there for consumers, but traders too... |
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