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Feb 25, 2023 10:13:22 GMT |
Hi All I have a dilemma I'm hoping someone out there may have advice for or reassure my decision. There is a vehicle which has been abandoned for 3 years I'm contemplating applying for the v5 for. However it isn't a 'i saw it on a driveway' situation. It came in to my father's garage with a knackered engine, was quoted for repairs but the guy just left it. It's now been 3 years. The keys are still in the procession of my father. Rumour has it the car was on finance so maybe the owner thought he'd leave it and it would just be collected by the finance company? But if I apply for the v5 and if anything comes back it is the cover the cost of 3 years of storage what is the worst that could happen? Thanks all!
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Feb 25, 2023 10:23:28 GMT |
Do an HPI check on it?
Would be rather surprising if loans company hadn’t resolved matters to their satisfaction after 3 years….. they tend to be fairly aggressive!
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1967 Triumph Vitesse convertible (old friend) 1996 Audi A6 2.5 TDI Avant (still durability testing) 1972 GT6 Mk3 (Restored after loong rest & getting the hang of being a car again)
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Dez
Club Retro Rides Member
And I won't sit down. And I won't shut up. And most of all I will not grow up.
Posts: 11,483
Club RR Member Number: 34
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Feb 25, 2023 12:12:29 GMT |
You can only charge storage if you have sent the person a letter (or email or text message of you can prove that was their preferred method of communication) stating what the storage fees are and the date they commence. you also have to give a notification period, can’t remember offhand what it is but it’s something like 7 working days.
The vehicle can’t become yours until the storage fees have exceed the fair market value of the vehicle- and if it went to court you’d have to prove that you’ve assessed that value correctly and not lowballed the owner. Very difficult to assess on a ‘broken’ car and without the other party claiming you have a vested interest in undervaluing it. Ideally you’d need a third party valuation from a reputable source.
You also then take on an assumed duty of care to that property for the time period it is in your possession,,so if the situation switches and they turn up to pay off the fees but the car has storage damage that wasn’t there when they dropped it off, you become liable for that. You also don’t have a right to withhold property, so if they turn up and want to take it without paying fees, they can call the police if you prevent them doing so. The correct recourse is to let them take it then persue the fees through the courts, but then you have to prove that they have cost you money by taking up your space.
These factors are why you rarely see anyone want to get involved with it, or see many people successfully do it.
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Feb 25, 2023 12:36:02 GMT |
When I was on the police recovery callout rota 30 years ago, we were told to use the "Torts (Interference with Goods) act" for cars that were left with us without our bill being paid. IIRC a period of 21 days had to pass without contact from the owner/ registered keeper and then a notice under the Torts act had to be sent to the DVLA held registered address and if there was still no contact, the vehicle could be disposed of.
Whether any of that still applies.....
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'57 Austin Cambridge A55 1800 Overdrive '50 MG Y-type (In build) '56 Standard Super 10 (In build) '80 Toyota Corolla 1.6 Liftback (in the queue) '03 Fiat Stilo Abarth (Wet weather runabout) '05 Citroen Berlingo (Parts hauler)
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