Garage bill unpaid, can I sell customer's car?
Discussion
It hasn't come to it yet, but it is starting to look as if things might go that way. I've had a car in for some time, I've done some work on it, it needs a LOT more, and I have invoiced the customer for a stage payment. I think he is starting to wonder if the project is worth continuing with (it isn't) and while he thinks about it, I'm stuck with it. I'm charging him storage and insurance but I would sooner get it out of the way to make room for some paying work.
It might encourage him to sort things out one way or the other if I could point out to him that I would be entitled to sell his car to recover my costs (presumably after a certain length of time has passed, and a procedure has been gone through), does anyone know anything about this stuff?
Would another way of handling it be to get a judgement against him, and then let the bailiffs have the car?
If I actually have to do any of this stuff then I would use a solicitor, but any info anyone here has would be gratefully received.
It might encourage him to sort things out one way or the other if I could point out to him that I would be entitled to sell his car to recover my costs (presumably after a certain length of time has passed, and a procedure has been gone through), does anyone know anything about this stuff?
Would another way of handling it be to get a judgement against him, and then let the bailiffs have the car?
If I actually have to do any of this stuff then I would use a solicitor, but any info anyone here has would be gratefully received.
From what I remember you are allowed to sell the car to recover costs of a non paying customer, unfortunately I can't remember what the exact terms are though, presumably there would have to be documented evidence of communication and a specific elapsed time. Hopefully just the initial formal letter to the customer letting them know that you are considering this as a course of action will at least prompt them into doing something.
Elskeggso said:
Are you able to get in touch with the customer?
ishHe keeps making stupid excuses such as no email, mobile not working, I actually had to write recorded delivery after an extended non-communication period, asking for copies of the bill (he asked by email, but wants the bill posted!) various delaying tactics such as those
Condi said:
You can - I think its 3 months or 6 months and you must be able to prove that you have made all reasonable attempts to get in touch. Also you have to give warning in writing to last know address. Talk to a solicitor for full legal advice, but Im 99% sure its similar to what Ive put.
I am actually in touch with him, it's just that he is using all sorts of excuses not to deal with the situation- been on holiday, very busy at work, email not working, asking for detailed bills (he's already had a sufficiently detailed invoice), asking (by email!) for stuff to be posted to him, replying to my requests for payment with subject changes with replies that deal with other subjects, long delays before responding to contacts. I avoid ringing him because I want to get all this stuff in writing.I daresay it will be some time before I can actually sell his car (if it comes to that, which I hope it won't) but I'm starting to wonder if there is anything I should be doing now in order to not delay things further.
singlecoil said:
Condi said:
You can - I think its 3 months or 6 months and you must be able to prove that you have made all reasonable attempts to get in touch. Also you have to give warning in writing to last know address. Talk to a solicitor for full legal advice, but Im 99% sure its similar to what Ive put.
I am actually in touch with him, it's just that he is using all sorts of excuses not to deal with the situation- been on holiday, very busy at work, email not working, asking for detailed bills (he's already had a sufficiently detailed invoice), asking (by email!) for stuff to be posted to him, replying to my requests for payment with subject changes with replies that deal with other subjects, long delays before responding to contacts. I avoid ringing him because I want to get all this stuff in writing.I daresay it will be some time before I can actually sell his car (if it comes to that, which I hope it won't) but I'm starting to wonder if there is anything I should be doing now in order to not delay things further.
Dupont666 said:
singlecoil said:
Condi said:
You can - I think its 3 months or 6 months and you must be able to prove that you have made all reasonable attempts to get in touch. Also you have to give warning in writing to last know address. Talk to a solicitor for full legal advice, but Im 99% sure its similar to what Ive put.
I am actually in touch with him, it's just that he is using all sorts of excuses not to deal with the situation- been on holiday, very busy at work, email not working, asking for detailed bills (he's already had a sufficiently detailed invoice), asking (by email!) for stuff to be posted to him, replying to my requests for payment with subject changes with replies that deal with other subjects, long delays before responding to contacts. I avoid ringing him because I want to get all this stuff in writing.I daresay it will be some time before I can actually sell his car (if it comes to that, which I hope it won't) but I'm starting to wonder if there is anything I should be doing now in order to not delay things further.
Apologies for the thread resurrection, but the subject fits perfectly.
I work part-time for an Italian car specialist. We've done a chunk of work on a pretty shabby Mito for another motor trader - work is complete but the owner / dealer won't collect the car. They initially asked if we would take a smaller payment, which we refused. hey then asked if they could pay by cheque, to which we said yes, but that the car would only be released on clearance of the cheque.
Since then, we've called and emailed many, many times without ever getting to speak to the business owner.
We've now sent a recorded delivery letter, which has been signed for, explaining that we want the invoice settled and the car collected and if this doesn't happen in the next 14 days, we reserve the right to explore our rights to sell the car to cover our costs.
Does anyone know our TRUE legal position - are there any steps that we have to go through? Do we have to show a certain number of attempts to get them to pay?
For the avoidance of doubt, the other trader isn't disputing the bill - they are simply ignoring all attempts at contact.
I work part-time for an Italian car specialist. We've done a chunk of work on a pretty shabby Mito for another motor trader - work is complete but the owner / dealer won't collect the car. They initially asked if we would take a smaller payment, which we refused. hey then asked if they could pay by cheque, to which we said yes, but that the car would only be released on clearance of the cheque.
Since then, we've called and emailed many, many times without ever getting to speak to the business owner.
We've now sent a recorded delivery letter, which has been signed for, explaining that we want the invoice settled and the car collected and if this doesn't happen in the next 14 days, we reserve the right to explore our rights to sell the car to cover our costs.
Does anyone know our TRUE legal position - are there any steps that we have to go through? Do we have to show a certain number of attempts to get them to pay?
For the avoidance of doubt, the other trader isn't disputing the bill - they are simply ignoring all attempts at contact.
The remedy you are seeking. 
https://www.legislation.gov.uk/ukpga/1977/32/secti...
https://www.legislation.gov.uk/ukpga/1977/32/sched...
Do it by the book and you'll score a home run.
https://www.legislation.gov.uk/ukpga/1977/32/secti...
https://www.legislation.gov.uk/ukpga/1977/32/sched...
Do it by the book and you'll score a home run.
MorganP104 said:
OP - how did your tale turn out?
There's a thread about it on here somewhere, pretty much the same vintage as this one.Basically eventually he wanted his car back and I wouldn't let him have it until he had paid his bill. Then he issued a small claim against me in his local court. As I was not a firm I had it transferred to my court.
On the day the judge struck out most of his claim before the hearing which left us with a couple of hundred to argue over. I offered half and he took it and that was the end of it. I considered fighting it out but it was going to take an hour or so and you can never be sure which way it will go, so the offer of half seemed like the best option.
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