LDV - Can I take my van from the garage?

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Fri 17 Aug 2012 17:50
LDV - Can I take my van from the garage? - Pepper63

An acquaintance (I'll call John) wanted to buy my second hand van but wanted to pay in installments. Four months later he hasn't paid a penny and I can no longer find him. The van broke down two weeks after he took it home, it went to a garage to be fixed but John couldn't afford the bill. The garage won't give it back to me even though I have offered to pay the bill. I understand that I am the registered keeper but not the owner in the eyes of the law. Someone at the garage admitted that the garage owner intends to keep the van for a few more months then it becomes his by default and he can sell it on - and pocket the cash! How can I get my van back?

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Fri 17 Aug 2012 18:28
LDV - Can I take my van from the garage? - tony g
Hi pepper ,
This is an interesting one ,to begin with your agreement to sell the van to an acquaintance .If he didn't make any payment at all then the van should remain your property ,if he's made a payment then you have an ongoing agreement ,with him and you don't have any right to the vehicle .

The repairer has no right to keep the vehicle if you pay him the outstanding amount . You are the registered keeper of the vehicle and it's rightfull owner ,providing that you have not taken any payment from your acquaintance . It's wrong to do it ,but if you have received a payment from your acquaintance ,don't tell the garage .

Finally tell the garage that you will pursue him through the small claims court ,for the return of the vehicle or it's value, if he doesn't return it to you ,in addition tell him you will report the vehicle as stolen if you don't get it back.

Finally have a solicitor write to him to confirm you require the return of the vehicle .

Good luck and please let the forum know the outcome ,your experience and it's outcome will benefit other members .

Regards

Tony g
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Tue 21 Aug 2012 11:03
LDV - Can I take my van from the garage? - Pepper63

Thanks for your informative reply - I'll let you know how it goes!

Pepper

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