Advice Please -Used Car Sale - Complicated Question
Discussion
Morning all... seems my eldest daughter is spending ways of dreaming up challenges for me again....
Last December, her car broke down and was recovered to my mother-in-law's house, where there is space to store it off the road. After a cursory look, we could not get it to run and it sat there till the spring. In the meantime, daughter had bought another car for transport. She announces to me that a friend has expressed interest in buying the dead car and will pay 500 pounds - to include getting it running again. Friend stumps up the 500 and I leave her to arrange repairs(lots of her pals are capable and I am too busy with work, family etc). Unknown to me at the time, but of importance now, there is no paperwork exchanged between them - V5 remains in daughter's name and no receipt is given for the 500.
Some months pass.... the car is still on Grandma's drive, so I enquire as to what's happening.
Daughter tells me that she cannot get anyone to repair the car and that the chap that was buying it has not responded to any communication. (you can see where this is going now..) I ask her to continue to try to contact him.
More months pass... we are now at October, the car is still there 10 months after being unloaded by the AA and daughter tells me that the chap has still not responded to any communication. Unknown to me, daughter gives up and tests the water by advertising the car as for sale on t'internet....
Interestingly, this sparks an almost immediate response from the chap that was buying the car: he contacts me on FaceBook saying 'what's happening, why is my car for sale - I thought it was being fixed'. Groan.
I contact daughter.. and ask her to sort this out. After some discussion with the chap, he agrees to take the car 'as-is', delivered to him and with 100 pounds back. Oh good, I think - monkey off my back.
Chap then goes silent again and without an address to deliver to, we are still stuck with the damn car, still on Granny's drive after a full 12 months, plus a purchaser who disappears every time we try to get rid of the car.
My perfect outcome is that car goes to chap and Grandma's drive is once again freed up, but without somewhere to deliver it to and with no contact again from the supposed purchaser, we cannot shift it. I'd scrap the bloody thing but then he'll surface again demanding the car or some/all cash back.
What's the legal position? Some specific questions I have are:
Sorry for the long post - I tried to be brief but it's a long story! All (sensible!
) suggestions gratefully received, cheers.
Last December, her car broke down and was recovered to my mother-in-law's house, where there is space to store it off the road. After a cursory look, we could not get it to run and it sat there till the spring. In the meantime, daughter had bought another car for transport. She announces to me that a friend has expressed interest in buying the dead car and will pay 500 pounds - to include getting it running again. Friend stumps up the 500 and I leave her to arrange repairs(lots of her pals are capable and I am too busy with work, family etc). Unknown to me at the time, but of importance now, there is no paperwork exchanged between them - V5 remains in daughter's name and no receipt is given for the 500.
Some months pass.... the car is still on Grandma's drive, so I enquire as to what's happening.
Daughter tells me that she cannot get anyone to repair the car and that the chap that was buying it has not responded to any communication. (you can see where this is going now..) I ask her to continue to try to contact him.
More months pass... we are now at October, the car is still there 10 months after being unloaded by the AA and daughter tells me that the chap has still not responded to any communication. Unknown to me, daughter gives up and tests the water by advertising the car as for sale on t'internet....
Interestingly, this sparks an almost immediate response from the chap that was buying the car: he contacts me on FaceBook saying 'what's happening, why is my car for sale - I thought it was being fixed'. Groan.
I contact daughter.. and ask her to sort this out. After some discussion with the chap, he agrees to take the car 'as-is', delivered to him and with 100 pounds back. Oh good, I think - monkey off my back.
Chap then goes silent again and without an address to deliver to, we are still stuck with the damn car, still on Granny's drive after a full 12 months, plus a purchaser who disappears every time we try to get rid of the car.
My perfect outcome is that car goes to chap and Grandma's drive is once again freed up, but without somewhere to deliver it to and with no contact again from the supposed purchaser, we cannot shift it. I'd scrap the bloody thing but then he'll surface again demanding the car or some/all cash back.
What's the legal position? Some specific questions I have are:
- Does the car belong to the chap or to my daughter? (I don't mind which, just need to know. the money did change hands but without any supporting paperwork or receipt)
- Can we issue the chap an ultimatum by email/text that he will forfeit the car if he doesn't provide a delivery address and date/time within some reasonable period of time (14 days?)
- Can we legitimately charge him (at a fair rate) for the storage of the car for the six months since the money changed hands?
Sorry for the long post - I tried to be brief but it's a long story! All (sensible!
) suggestions gratefully received, cheers.Sell the car
Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
emmaT2014 said:
Sell the car
Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
Can't disagree with this.Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
emmaT2014 said:
Sell the car
Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
This, with bells on.Give the chap his £500 back
You could consider deducting cash for storing it but not really fair as it was agreed it would be repaired but hasn't been and you didn't inform him that such a charge would be made.
If you are worried about consequences of selling it his only rightful compensation is the return of his £500.
V8 Disco said:
What's the legal position? Some specific questions I have are:
Sorry for the long post - I tried to be brief but it's a long story! All (sensible! ) suggestions gratefully received, cheers.
The car belongs to the chap. Whose name is on the V5 and receipt is irrelevant. - Does the car belong to the chap or to my daughter? (I don't mind which, just need to know. the money did change hands but without any supporting paperwork or receipt)
- Can we issue the chap an ultimatum by email/text that he will forfeit the car if he doesn't provide a delivery address and date/time within some reasonable period of time (14 days?)
- Can we legitimately charge him (at a fair rate) for the storage of the car for the six months since the money changed hands?
Sorry for the long post - I tried to be brief but it's a long story! All (sensible!
) suggestions gratefully received, cheers.The original agreement was £500 for the working car. This was modified to the car 'as is' for the consideration of £100. That's all legal.
You'd be causing yourself trouble is you sold his car, so don't to that. He may come back to you and ask for his money plus damages.
You should do both of the things you've said, but you need to warn in advance if you want to charge for storage. Although you really need his address to send a letter to. Texts and emails have a funny way of being not seen when it is convenient for someone not to see them.
Edited by JustinP1 on Sunday 14th December 11:23
This has come up quite a bit on here. Interference with goods act I would have thought relevant.
Follow the procedure laid down there.
In summary; give notice that you want it collected and that if not collected you will sell it. If not collected then sell in a way that gives reasonable return and send the money (less your expenses in selling it) to the owner.
Follow the procedure laid down there.
In summary; give notice that you want it collected and that if not collected you will sell it. If not collected then sell in a way that gives reasonable return and send the money (less your expenses in selling it) to the owner.
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