consumer forums consumerforums Total Bank Charges Returned : £17,500,569 to 10384 people.

Bank Charges Refunds Survey | 'Buddy' System | Get an email address | Registration Problems | FAQ
The Consumer Forums  

CAG Products - We think that these will help you to make your claim or Reclaim your Right

These sales also help us to keep helping YOU and ensure this site will remain free to use!

Small Claims Kit-- Small Claims Court Guide
**New Edition**
Consumer Action Group envelope labels Last Will & Testament Kit Fight a Motoring Ticket
 
Alternatively you could purchase a CAG email address here, or maybe you'd prefer our address labels here


UPDATE: Consumer Forums ConsumerWiki is now LIVE - click here: ConsumerWiki

Patricia Pearl - Small Claims Procedure - A Practical Guide
An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.
£17.10 + £1 (P&P)

Lawpack - Small Claims Kit
Contains everything you need to sue your bank (or anyone else) including sample forms, instruction manual, templates, and an entire set of court forms in PDF format on CD Rom.
£10.99 + £1 (P&P)

Last Will and Testament Kit
Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.
£12.99 + £1 (P&P)

Fight a Motoring Ticket Kit
All the templates and documents that you need to challenge your speeding ticket, parking fine - with advice from one of the UK’s leading motor offence solicitors
£9.99 + £1 (P&P)


Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> DVLA

  CAG Announcements
 
Welcome Guest
Please register
Registration is free
There are no charges for using any of the facilities of this website.
If this is your first visit, be sure to check out the FAQ. You will have to register before you can post. To start viewing messages, select the forum that you want to visit from the selection below.
You will also have to register to access our template letters and claims forms
registration is free
Are you being threatened over debts more than 6 years old?
This may be unfair
See our new Unfair Trading Guide
eBay buyer?
Buy more cheaply
Win more often
ConsumerSniper.com
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
Ebay buyer?
ConsumerSniper
Free unlimited bids and eBay tools
Have you been defaulted?
Would you like to clean up your credit file?
Check it out
 
 

DVLA Problems with the DVLA? Don't we all? - here's the place to post.

Reply
 
LinkBack Thread Tools
Old 6th November 2008, 13:27   #1 (permalink)
Basic Account Customer
 
We need funds
Please donate something

Cagger since : Apr 2008
Posts: 1
cheffie9 Novitiate
Default if a car is sor from a dealer who goes bankrupt who owns the car

i work for a company who holds two cars from a dealer who has gone into liquidation. they owe us money, for these cars and others we have worked on, the cars are from a main brand dealer
cheffie9 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th November 2008, 13:39   #2 (permalink)
Classic Account Customer
 
We need funds
Please donate something

Cagger since : May 2007
I am in: souciant
Posts: 318
Viano Novitiate
Default Re: if a car is sor from a dealer who goes bankrupt who owns the car

Hi Cheffi,

I would contact the SMMT (Soc. of Motor Manufacturers & Traders) if I were you as the vehicles you hold are probably held on a stocking plan which could make ownership a problem.

Viano
Viano is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th November 2008, 17:48   #3 (permalink)
Platinum Account Customer
Default Re: if a car is sor from a dealer who goes bankrupt who owns the car

If the bankrupt main dealer actually owned these vehicles then they now belong to the receiver.

If they didn't, then the vehicle revert to the original owner.

Despite currently holding the vehicles, you are still another unsecured creditor and will be required to surrender the vehicles to their rightful owner.
patdavies is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th November 2008, 19:14   #4 (permalink)
Platinum Account Customer
 
Try our eBay sniping service

Cagger since : Aug 2008
Posts: 1,139
surfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritativesurfaceagentx20 Authoritative
Default Re: if a car is sor from a dealer who goes bankrupt who owns the car

Some clarity wouldn't go amiss here but as I understand things, there are two cars which are the property of a company (A). A passed over possession of those cars to another company (B). There is no suggestion that B was unlawfully in possession of A's cars.

In turn, B passed the cars to the OP's company (C) for the purpose of servicing and repairs. If B had no interest in or benefit to derive from effecting the repairs, it seems to me a reasonable conclusion to draw that B contracted with C as agent of A in order to repair and improve A's cars and as such the contract made by B with C was for A's benefit. C are now in possession of A's cars having carried out the repairs. There is no suggestion the cars are subject to HP.

In my view C is entitled to exercise a lien over A's cars as an unpaid bailee. Further, that C may exercise the powers conferred by Torts (Interference with Goods Act) 1977 section 12 so long as C follows the procedure set out in the Act.

It seems to me that in the circumstances outlined above the liquidation of B is of no consequence.

As I say, some clarity wouldn't go amiss so if I have misunderstood it would be a good idea to clarify the precise position and inter-relationship of A, B and C before running off to flog the damn things.

x20
surfaceagentx20 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 6th November 2008, 19:58   #5 (permalink)
Gold Account Customer
 
Your bank owes you an awful lot more money than you realise See here

Cagger since : Jun 2006
Posts: 680
gwc1000 Novitiate
Default Re: if a car is sor from a dealer who goes bankrupt who owns the car

I don't interpret the situation that way. The OP has mentioned SOR in the title. The way I see it is Dealer A lent Dealer B the cars on SOR. B put the cars into the OP's garage for repairs. B has gone bust, and the OP's garage are holding the cars in lieu of money owed by B. But the cars belong to A.
gwc1000 is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply


Thread Tools


Similar Threads
Thread Thread Starter The Consumer Forums Replies Last Post
My son owns a non-existent car Spanishmain48 DVLA 3 14th October 2008 09:08
car dealer sold me faulty engine car dosh Vehicle retailers and manufacturers 17 5th June 2008 10:10
Car Dealer Damaged my car BentBeemer Vehicle retailers and manufacturers 2 10th April 2008 13:11
Car dealer from Hell! daiboy663 Vehicle retailers and manufacturers 7 28th March 2008 16:55






Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE