Had vehicle in garage for 11 months after completing work
Discussion
Hi everyone,
I took a van in for repairs last January, I carried out work costing several thousand pounds. The company that left the van with me has gone bust but nobody has been to collect van. Obviously I will not be getting paid for work so I hpi,d van and there is finance owing on it.
What are my legal rights regarding selling the van?
Should I undo the work as best I can and contact finance company?
Any help would be greatly appreciated.
Thanks in advance
I took a van in for repairs last January, I carried out work costing several thousand pounds. The company that left the van with me has gone bust but nobody has been to collect van. Obviously I will not be getting paid for work so I hpi,d van and there is finance owing on it.
What are my legal rights regarding selling the van?
Should I undo the work as best I can and contact finance company?
Any help would be greatly appreciated.
Thanks in advance
TVRboycey said:
Hi everyone,
I took a van in for repairs last January, I carried out work costing several thousand pounds. The company that left the van with me has gone bust but nobody has been to collect van. Obviously I will not be getting paid for work so I hpi,d van and there is finance owing on it.
What are my legal rights regarding selling the van?
Should I undo the work as best I can and contact finance company?
Any help would be greatly appreciated.
Thanks in advance
You should contact the administrators of the firm. You are an unsecured creditor. You need to return the van asap.I took a van in for repairs last January, I carried out work costing several thousand pounds. The company that left the van with me has gone bust but nobody has been to collect van. Obviously I will not be getting paid for work so I hpi,d van and there is finance owing on it.
What are my legal rights regarding selling the van?
Should I undo the work as best I can and contact finance company?
Any help would be greatly appreciated.
Thanks in advance
You can invoice for storage of the van, add this to the repair costs:
Dear owner, writing to let you know storage charge of £x per week over the past 11 months comes to £x, plus repair costs £x totals.
You have X days/weeks to pay or will seek to recover costs through disposal of van.
Send that to the owners, it makes no difference they have gone bust as you now want to use that debt to claim your interest in the van from the finance company then you might get title to the van direct from the finance co.
Obviously need to get some real legal advice on how to word the letter and what reasonable fees and timings are.
You might end up owning the van.
Dear owner, writing to let you know storage charge of £x per week over the past 11 months comes to £x, plus repair costs £x totals.
You have X days/weeks to pay or will seek to recover costs through disposal of van.
Send that to the owners, it makes no difference they have gone bust as you now want to use that debt to claim your interest in the van from the finance company then you might get title to the van direct from the finance co.
Obviously need to get some real legal advice on how to word the letter and what reasonable fees and timings are.
You might end up owning the van.
A combo of the last two answers should do the trick.
You can reasonable charge up to £10 per day if it's been stored indoors, a bit less if it's been in a compound outside. Make sure you add this in as it will be a good persuader for the finance company to hand it over at little or no cost.
You can reasonable charge up to £10 per day if it's been stored indoors, a bit less if it's been in a compound outside. Make sure you add this in as it will be a good persuader for the finance company to hand it over at little or no cost.
Steve H said:
A combo of the last two answers should do the trick.
You can reasonable charge up to £10 per day if it's been stored indoors, a bit less if it's been in a compound outside. Make sure you add this in as it will be a good persuader for the finance company to hand it over at little or no cost.
You could quote the Gov stat removal storage charge of £20 a day (outside) as the government deem that reasonable.You can reasonable charge up to £10 per day if it's been stored indoors, a bit less if it's been in a compound outside. Make sure you add this in as it will be a good persuader for the finance company to hand it over at little or no cost.
http://www.legislation.gov.uk/uksi/2008/2095/regul...
Cyberprog said:
You are entitled to keep the vehicle until you are paid for the work. I'd contact the finance company and explain the situation to them. they would then be responsible for paying for the repairs, and/or sell you the vehicle.
Whoa. There is more than one type of finance, so it is entirely possible that the van may qualify as a company asset. If so, as the OP in in possession of it, he has an obligation to inform the administrator. The lien he has for the unpaid bill is a separate matter which he should obviously mention. The finance company may have no obligation at all to the OP. His first step should be to find out from the administrator what the actual position is. OP, have you invoiced for the work already? If so, and presume not paid, (rather than part paid), it should be easy to claim a lien on it and ask for payment from the finance company, or settle with the vehicle.
If you haven't invoiced, be prepared for the FC and Liquidator to make a few enquiries to make sure you've not just taken the van in for your mates and pretended to be owed money on it. So anything you have like the parts invoices for the stuff you bought to fix it etc, which will show how long it has been there, will help your case.
But it should be straightforward if it is as you say.
Good Luck
If you haven't invoiced, be prepared for the FC and Liquidator to make a few enquiries to make sure you've not just taken the van in for your mates and pretended to be owed money on it. So anything you have like the parts invoices for the stuff you bought to fix it etc, which will show how long it has been there, will help your case.
But it should be straightforward if it is as you say.
Good Luck
speedyguy said:
You could quote the Gov stat removal storage charge of £20 a day (outside) as the government deem that reasonable.
http://www.legislation.gov.uk/uksi/2008/2095/regul...
Better still http://www.legislation.gov.uk/uksi/2008/2095/regul...
.I pulled £10/day out of an incompetent insurance company that did it's very best to stitch us up when their client wrote Mrs H's car off.
After much stalling and underbidding they finally settled for an acceptable but not really adequate amount but forgot to collect the car; I waited almost a year before asking when they would like to settle the storage charge and collect it
.I had two very similar situations during my time as a Garage proprietor.
One, I fitted a new engine to a taxi,the owner disappeared,car was left for months. I discovered he owed £000000`s and had done a runner. The car was on finance with years outstanding. The finance company paid my bill,including a storage charge,and collected the car.
The other,a regular customer`s van that had work done was never collected because the firm had gone bust,they also had an unpaid account for previous work. I cant remember the exact details,but after dealing with the liquidator,the firm etc the van was eventually sold and I got all my money when it was collected.
Mind you this was many years ago,things may be different now ? My advice is,as long as you have that vehicle in your possession you have some lien. The money owed to you is part of it,keep it,charge for storage,keep records. Best of luck.
One, I fitted a new engine to a taxi,the owner disappeared,car was left for months. I discovered he owed £000000`s and had done a runner. The car was on finance with years outstanding. The finance company paid my bill,including a storage charge,and collected the car.
The other,a regular customer`s van that had work done was never collected because the firm had gone bust,they also had an unpaid account for previous work. I cant remember the exact details,but after dealing with the liquidator,the firm etc the van was eventually sold and I got all my money when it was collected.
Mind you this was many years ago,things may be different now ? My advice is,as long as you have that vehicle in your possession you have some lien. The money owed to you is part of it,keep it,charge for storage,keep records. Best of luck.
Edited by Old Merc on Saturday 25th November 18:05
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