Quizzes & Puzzles1 min ago
Left with a customers car- Where do I stand?
5 Answers
I ran a car restoration business up until about 5 or 6 years ago. I was restoring a car for a customer but did not hear from him in a while. It has now been approximately 8 years since I heard from him, the trouble is I still have his car!!! There is a bill outstanding for work done, plus I have stored it all this time. I dont think it is likely I am going to hear from him now, and I have no contact details. Where do I stand regards the car? Can I dispose of the vehicle to recover some of the costs?
Any help will be much appreciated...........Thanks
Any help will be much appreciated...........Thanks
Answers
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It's a tricky one Yellowcamper. I'll need to consult a property law book and I don't have one to hand. Where do you live?
In Scotland you can acquire property through 'prescription' - after a certain amount of time you can acquire rights of ownership over property. The Prescription and Limitation (Scotland) Act 1973 allows you to acquire ownership rights over land and buildings (heritable property) after a period of 10 years with certain conditions attached. However I'm not sure about the prescriptive period for an item such as a car (corporeal moveable property).
Best thing to do would be to contact your local CAB.
In Scotland you can acquire property through 'prescription' - after a certain amount of time you can acquire rights of ownership over property. The Prescription and Limitation (Scotland) Act 1973 allows you to acquire ownership rights over land and buildings (heritable property) after a period of 10 years with certain conditions attached. However I'm not sure about the prescriptive period for an item such as a car (corporeal moveable property).
Best thing to do would be to contact your local CAB.
Do you have the contact details of the owner.
Address ..Phone Number...Could something have happened to him???
You may have some Familys inheratance.
Now it would become complicated.
As said contact CAB or even a visit to the Cop Shop explaining the problem ..State you are unsure how you should go about finding the person ...Give them Reg No and see if they can help they will prob tell you that it is a Civil problem but explain if ... Thats the Case it is now blocking your Access to your property... Get report from Them ( Incedent) okay you will not get your Money back but can say goodbye to the 8 year problem....
Address ..Phone Number...Could something have happened to him???
You may have some Familys inheratance.
Now it would become complicated.
As said contact CAB or even a visit to the Cop Shop explaining the problem ..State you are unsure how you should go about finding the person ...Give them Reg No and see if they can help they will prob tell you that it is a Civil problem but explain if ... Thats the Case it is now blocking your Access to your property... Get report from Them ( Incedent) okay you will not get your Money back but can say goodbye to the 8 year problem....
The answer lies in the Tort (Interference with Goods) Act 1977, sections 12 and 13 and the Schedule to it apply .
You are what the Act calls the "bailee" of the vehicle. The customer is the "bailor"
What the Act says, basically, is that you,the bailee, give notice to the customer,the bailor, that you intend to sell the goods but if you cannot find or trace the customer then you can sell them anyway. Having sold them you are supposed to hold the proceeds to the account of the customer less any costs you have. However, it appears plain that you can go to the County Court and get an order that you sell the vehicle and that you can ask the Court to further order that you deduct ,from any proceeds you may get, the costs of storage and of the work you did on the vehicle.
Your local CAB or the County Court itself shoud be able to guide you on this Tell them of the Act, so they know instantly where to look , how it applies to you and what you are trying to do re work done .
You are what the Act calls the "bailee" of the vehicle. The customer is the "bailor"
What the Act says, basically, is that you,the bailee, give notice to the customer,the bailor, that you intend to sell the goods but if you cannot find or trace the customer then you can sell them anyway. Having sold them you are supposed to hold the proceeds to the account of the customer less any costs you have. However, it appears plain that you can go to the County Court and get an order that you sell the vehicle and that you can ask the Court to further order that you deduct ,from any proceeds you may get, the costs of storage and of the work you did on the vehicle.
Your local CAB or the County Court itself shoud be able to guide you on this Tell them of the Act, so they know instantly where to look , how it applies to you and what you are trying to do re work done .
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