Legal advice needed!
07-13-2007, 12:49 AM
#11
Banned
There are too many precedents where operations like this have sold cars and pocketed the cash, together with other difficulties in getting the car back
I believe there is some issue about a garage's right to hold onto the car pending payment, but as stated, that is secondary and rests on there being a real debt in the first place
That's why I'd get TS involved to point out the error of the proprietor's ways, but would not get involved in a lengthy dispute - you do not want any malicious damage to the car
I'd do this. Send a friend around expressing interest in the car. When the keys and V5 are on the table make an entrance and take the car. Job done. Three of you should be enough, depending on the size of the operation, history of the person holding your car, etc
I believe there is some issue about a garage's right to hold onto the car pending payment, but as stated, that is secondary and rests on there being a real debt in the first place
That's why I'd get TS involved to point out the error of the proprietor's ways, but would not get involved in a lengthy dispute - you do not want any malicious damage to the car
I'd do this. Send a friend around expressing interest in the car. When the keys and V5 are on the table make an entrance and take the car. Job done. Three of you should be enough, depending on the size of the operation, history of the person holding your car, etc
07-13-2007, 10:02 AM
#12
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Folks once again you have been awesome with the responce. It's well worth me getting back into the S2000 fold just for the friendly helpful forum!
Anyway the latest is that I re-read through the agreement that I was given when I left the car and it clearly states:
"Any deductions (to the agreed price) will be agreed prior to the completion of any sale on the vehicle. This may take the form of finance, reconditioning costs or over allowances on part exchanges. Please note that we will not alter any of the agreed figures without first consulting the owner of the vehicle."
Happy days, I guess this should be a fairly simple case to resolve then. Thanks for the advice. I think I intend to pop down the dealership in person myself next week and speak face-to-face with them with the intention of driving my car away. I feel that if I wrote to them it'd give them a chance to do whatever they wanted to the car. I'd like to think they wouldn't, but with a TVR I'm sure it wouldn't be too hard!
Thank you again folks. I'll fill you in on the outcome sometime next week.
Anyway the latest is that I re-read through the agreement that I was given when I left the car and it clearly states:
"Any deductions (to the agreed price) will be agreed prior to the completion of any sale on the vehicle. This may take the form of finance, reconditioning costs or over allowances on part exchanges. Please note that we will not alter any of the agreed figures without first consulting the owner of the vehicle."
Happy days, I guess this should be a fairly simple case to resolve then. Thanks for the advice. I think I intend to pop down the dealership in person myself next week and speak face-to-face with them with the intention of driving my car away. I feel that if I wrote to them it'd give them a chance to do whatever they wanted to the car. I'd like to think they wouldn't, but with a TVR I'm sure it wouldn't be too hard!
Thank you again folks. I'll fill you in on the outcome sometime next week.
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