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advice please

Posted by martin young on February 7, 2007, 10:15 am

about a month ago a company brought their merc in for running faults they owed us £850 on account we were given the go ahead to replace both exhaust systems due to collapsed cats and other work which came to a total of £1415.26 the day the car was finnished i had a letter saying the cheque for £850 for their account had been stopped so i wouldnt let the car go untill the total bill had been payed the company has now gone into receivership i still have the car and no one has been in touch from the company or the receivers
any pointers on the best way to approach this would be gratefully received
thanks
martin

Re: advice please

Posted by Peter Cooper on February 7, 2007, 1:07 pm, in reply to "advice please"

Uncollected Goods And Notice Of Intention To Sell

Best have a word with your local trading standards, they should be able to advise you.

You could also type in the above into google and see what popsup.

Best wishes

Peter Cooper

Re: advice please

Posted by aidan birley on February 7, 2007, 1:55 pm, in reply to "advice please"

Hi
Had this a few years ago, advice from my solicitor was you have wright of leian (spelling !! ) on the CURRENT job, so hold on until paid. But NO right to hold for previous work. The receivers in my case tried to make me release the vehicle (told me pack of lies ) but phone call from my solicitors to them money arrived 2 hours later !!!!
This was 15 years ago, so may be out old date so please check

Aidan

Re: advice please

Posted by Russell on February 7, 2007, 3:24 pm, in reply to "Re: advice please"

Martin, also remember the goods/parts fitted are your property until paid for, start charging storage and HPI the vehicle to see how you stand if you do end up with the car.

And as Peter correctly points out, get hold of trading standards.

We`re currently in the same position as you, re. uncollected goods/non payment, give me your fax no. and I can send you the TORTS(Interference with goods)act 1977, that my local trading standards sent me.

Russell

Re: advice please

Posted by martin young on February 7, 2007, 4:18 pm, in reply to "Re: advice please"

thanks lads
russell fax number is 01209831677 cheers
i have just found out more info on this, the car was leased to the company by the owner of the company

martin

Re: advice please

Posted by Tom Sinclair on February 7, 2007, 10:14 pm, in reply to "Re: advice please"

Hi Martin. Aiden is correct. Your right of lien takes precedence but only on the current outstanding work. You gave up the right to withhold property pending payment when you released the car previously, you have to sue for earlier invoice. I had similar where car was owned by hire purchase company and customer disappeared owing £800. Company telephoned to arrange uplift, I explained no problem, on payment of invoice due. Company manager said that as they had not authorised any repair and that they owned the car, I had to release it to them. I responded in a negative manner and requested that when he had completed that task he should check with his lawyers. They did not show up.
I applied for registration document ( DVLA presumably wrote to address from which customer left) and was issued same. Used as spare car for three years then sold.
Hold out and don't flinch - Tom

Re: advice please

Posted by Tony Sefton on February 7, 2007, 11:14 pm, in reply to "Re: advice please"

Seeing as you have no chance of getting the earlier money, Couldn't the Bill for this job suddenly Amount to £2215.26 P. ?? + Storage. Which would cover both jobs if They do decide to pay. And id not, at least you have a Mercedes to play with, If it's worth having. ?

Re: advice please

Posted by martin young on February 8, 2007, 8:11 am, in reply to "Re: advice please"

firstly thanks russell (should i put davey after that?

) for the phone call and fax interesting reading!
tom/tony
the car has been here a month the chances are IF they do pay it wont be for at least a couple of weeks so if they just offer to pay the last bill i was thinking of charging them storage at £15 a day
6 weeks x £15 = £630 not quite £850 but close enough
by the way its a 2000 merc estate 90,000 miles with £700 of new cat/exhaust system whats that worth?
martin

Re: advice please

Posted by Sean Connelly on February 8, 2007, 9:55 am, in reply to "Re: advice please"

We held a van when the company went bust. The lease company wanted to reposess it.....we weren't happy about this and played hard ball in the end they understood our situation and allowed us to purchase it for their book value (i.e. what it owed them). They were happy and we were happy when we sold it and made over £1K profit to help cover the debts by the company.

HTH

Sean

Re: advice please

Posted by Phil Dunmore on February 8, 2007, 8:02 pm, in reply to "Re: advice please"

It's worth more than than the £800ish for the first bill. I would punish them. Get paid for second job and storage, then be hard and keep it until original bill is paid also. I once did this on the advice of a solicitor. You will have to give it back eventually but that can drag on for a very long time. I was threatened with bogus police phone calls, soliciters, recievers and heavys. Stood my ground and got paid in cash suprisingly quickly. This guy really wanted his flash Range Rover badly.

Re: advice please

Posted by martin young on February 9, 2007, 7:12 pm, in reply to "Re: advice please"

i received an e-mail today from the owner

"We will be sending you a payment of £1,000 today.

Can you confirm the work you have done on the motor and whether or not you have done the MOT. If not please could you arrange to carry out the MOT.

Regards,"
another planet comes to mind
martin

Re: advice please

Posted by Tom Sinclair on February 9, 2007, 9:36 pm, in reply to "Re: advice please"

Stay resolute Martin, as long as you have possession you have some control (remember the possibility of spare keys).
If by any chance a payment of £1000 does appear, receipt it as £850 for the original work and £150 on account for later work.
Hope things work out, keep us posted,
Tom

Re: advice please

Posted by ray ferreday on February 19, 2007, 7:35 pm, in reply to "Re: advice please"

I think you will find if they turn with spare keys and take the car they will be arrested and the car impounded by the police, the car is yours till the bill is paid.ray

Re: advice please

Posted by Phil Dunmore on February 19, 2007, 9:07 pm, in reply to "Re: advice please"

Not a hope, this happened to me. No dispute, just a simple job & I was set up. I called customer to say car was ready, he spun me a line that he couldn't pick it up until next day. Parked & locked it outside in the winter. Shortly after dark heard it start & race away. Police did not want to know.

If simlar senario plays out ever again I will immobilise completely.

Re: advice please

Posted by martin young on February 20, 2007, 8:33 am, in reply to "Re: advice please"

well the £1000 cheque cleared today so i am halfway there!!
as for the car they wont find it in a million years

martin

Re: advice please

Posted by Tom Sinclair on February 20, 2007, 9:04 pm, in reply to "Re: advice please"

Please remember cheques clear in five to seven days, but can be cancelled and recalled for about fourteen days. I am afraid that experience has made me cynical. Remember to issue paperwork clearly crediting oldest invoice first. I do hope that you get your due receipts, as others have not. (As I read that back it sounds like a prayer, not intentional) Cheers,
Tom

Re: advice please

Posted by martin young on March 22, 2007, 8:51 pm, in reply to "Re: advice please"

thanks for advise and help
the car has been paid for in full and is now gone
with a few lessons learned i was lucky hope this helps someone else
martin

Re: advice please

Posted by Tom Sinclair on March 23, 2007, 10:16 pm, in reply to "Re: advice please"

Nice one, thanks for welcome update.
Tom

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