Can I keep a courtesy car (garage liquidated)

Can I keep a courtesy car (garage liquidated)

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Rigsbyg

Original Poster:

13 posts

85 months

Saturday 22nd April 2017
quotequote all
I bought a car in September 2016 and returned it for repairs within a month. They gave me a courtesy car. After several months of being given the runaround, I find that the owner had been arrested and the liquidators seized all stock. The owner had alledgedly been selling cars on consignment and keeping the money, or selling cars without the owner's permission, and also pocketing the money. CID are now invloved and both they and the liquidators confirmed that my car was not present when everything was seized. Nobody knows where my car is.

So, I have a courtesy car sitting outside my house that I am now not driving because, after searching online, its neither taxed nor MOTd (both ran out a few weeks ago). I made the police aware of the vehicle just in case it was owned by someone and needed to be returned to its rightful owner (I felt obliged morally and perhaps even legally), but I have NOT informed the liquidators. Yet!

I would like to know whether I am in a good position to put a lien on the courtesy car for either goods and services not supplied or being a creditor. Although, I am certain that I would be small fry on the liquidator's creditor list (banks and other large claimants always come first). So basically, I paid for something that I didnt get but I have something of theirs that could offset my loss. Actually, the courtesy is almost a like-for-like; not quite as good as mime but I would be happy enough to own it and move forward with my life.

Can I move to put a lien on the courtesy car's logbook and inform the liquidators of my intentions?

Also, if I do get to keep the courtesy car, what would I do if and when the police find my actual missing car? It is now classed as stolen so let's hope it's only a matter of time before they find it. So, would I legally have to give the keys of the courtesy car over to the liquidators?, ...who may then would have auctioned all seized goods and closed the case, or do I get to keep both cars?, ...for both perseverance AND out of pocket expenses, stress, my time and any other legally binding reason; especially because I currently don't have transport and it is extremely inconvenient?

Oh, I almost forgot, I paid the deposit on a credit card so am currently awaiting their forms to arrive in the post because I am in a good position to make a claim under Section 75 of the Consumer Goods Act for goods and services not received. If successful, the credit card company will pay out the full amount.

I have three options:
1. Put a lien on the courtesy car and keep it
2. The police may one day find my original car
3. I'll get paid out by the credit card company

I may be successful with all or be very unlucky and get nothing, but surely I can only keep one and not all three.

Lots to discuss, folks : )



Edited by Rigsbyg on Saturday 22 April 14:20


Edited by Rigsbyg on Saturday 22 April 14:23

Rigsbyg

Original Poster:

13 posts

85 months

Saturday 22nd April 2017
quotequote all
Sa Calobra said:
Did the trader owe you money?

So there's lots of car owners who had cars sold and didn't see the funds and you want to participate further in withholding money through the liquidator that may go to them?
Yes, there are many people / victims, but at the end of the day I am only interested in looking after myself, as others would do. The trader doesn't owe me money but he DID have my car; so, in a roundabout sort of way, yes, he owed me something that I paid for, and hence I will move to keep the courtesy car to cover my loss.

Liquidators would take that courtesy car and auction it for pennies, giving the other victims barely anything. It would be best to avoid doing that. I am always looking after others and putting their interests first but for once in my life this is all about me.