Can't get lorry back

[Dunpony]

I asked a guy (who had been highly recommended) to convert a ven to a horsebox. A year and a half later it still hasn't been delivered. It's more or less done, been painted but needs finishing off. It has been paid for The V5 is in my name and I have an email stating that it was bought on my behalf.

There is a long back story regarding the delay which is partly justified that I don't want to go into. Suffice to say I have had enough with his procrastination and want my box home so I can get it finished.

The person who has it will no longer talk to me. He doesn't answer the phone, email, text or messaging. It is a locked garage behind a locked gate and the garage owner won't help as they want it as security for what they are owed (not happening!)

Has anyone any suggestions on what to do next?

 

[Pinkvboots]

I would go to the police it's theft if his refusing to give it back to you.

 

[The Fuzzy Furry]

I would go to the police it's theft if his refusing to give it back to you.

This

 

[Hollychops]

Another vote for the Police or a solicitor. If you have paid for a full conversion and he hasnt delivered within the agreed timescale or even a reasonable timescale then surely he is at fault. (Would also ask for a refund for the bits he hasnt done!)

 

[Ossy2]

So is this garage ever open and/or trading that someone else can go in for you to make contact? If the v5 is in your name the garage owner can’t legally touch the van as it’s not an asset belonging to your contact, even a debt collection company would check the v5 documents and not be able to take it.
You would need to register the van stolen if contacting the police otherwise they will say it’s a civil matter, even if reporting it as stolen the police may not actually recover it in which case you could then claim on your insurance. Your other option is small claims.

 

[rifruffian]

I think that information on a V5 does not relate to ownership of the vehicle.

 

[ILuvCowparsely]

I asked a guy (who had been highly recommended) to convert a ven to a horsebox. A year and a half later it still hasn't been delivered. It's more or less done, been painted but needs finishing off. It has been paid for The V5 is in my name and I have an email stating that it was bought on my behalf.

There is a long back story regarding the delay which is partly justified that I don't want to go into. Suffice to say I have had enough with his procrastination and want my box home so I can get it finished.

The person who has it will no longer talk to me. He doesn't answer the phone, email, text or messaging. It is a locked garage behind a locked gate and the garage owner won't help as they want it as security for what they are owed (not happening!)

Has anyone any suggestions on what to do next?

Like others call police and issue him with a small claims against him. Keep all the paperwork and say unless he returns it you will start court proceedings.

 

[ihatework]

Firstly I would get the lorry in your possession (make no mention to them of anything else). If you have BHS cover I’d call that and ask for the best way to proceed or alternatively citizens advice. It might also be worth popping into the local police station to check out the exact law.

I imagine it will be a case of letter by recorded delivery stating you expect to have the lorry delivered in its current state, or access to collect within the next X days. Thereafter you would consider this theft of property and will involve police.

Once you have the lorry in your possession I would then get a quote to complete the work. Take into consideration any mitigating circumstances but decide on what £££ you feel you are owed. Then send another recorded letter outline such with a date of the partial refund expectation. If it doesn’t arrive start small claims.

 

[Goldenstar]

You need proper advice quickly .
I have had two lorries built both by well known builders each time I was keeping myself at wake at night panicking about this happening .

 

[Toby_Zaphod]

You can inform the Police but it is doubtful that they will get involved. They will go down the route of it being a civil dispute. See a solicitor, get them to contact the builder & then look at taking out a private summons against them & go to court & win your case. Once you get a judgement in your favor you can go about getting your property back. The small claims court is set up for you to get your money returned, if that is what you want then go down that route but if you want the vehicle then see a solicitor.

 

[RachaelJC]

Go to Citizens Advice. As Toby_Zaphod stated, this is a civil dispute and so the police can't do much unless a crime has/is about to be committed.

I'd start with getting a solicitor to send a letter to the person outlining that you require the vehicle to be returned by a set date or further action will be taken.

Make sure you have all of your historic correspondence with the person holding your lorry as evidence that you've tried reasonable means to get it back already

 

[On the Hoof]

I would also ring your trading standards dept at the council , they should be able to help/ advise. Good luck this sounds such a nightmare .

 

[Red-1]

I don't quite get it, as you start saying the van is paid for, then you say that he wants to keep it for security on what is owed, then say that is "not happening" so presumably you do still owe him some money?

A year and a half is excessive for a conversion, but you also say that there are some reasons for the delay that you accept are justifiable, but don't want to give more details, so I can't know if the year and a half is acceptable or not.

I have had 2 lorries converted, by the same company, as I was so pleased with the first job. Both times I bought the lorry, had it in my name, and insured it. It is commonplace to pay in steps for each part of the conversion prior to starting it, to facilitate cash flow and so they can purchase materials. So, if you do still owe some money to finish off, I can understand him not finishing.

Either way, it seems that the relationship is broken between you. To save time, and as you say firstly that it is paid for, and then indicate that you are not going to finish paying, I would pay the balance assuming it is not much, and do the 'finishing off' somewhere else, especially as you say it is more or less done.

If you pay what is owing, he has no reason to keep the van. As it is basically finished, it will not take much to finish (as long as the conversion has been done to a good standard, which you do not seem to doubt with the man coming highly recommended and presumably you have viewed the vehicle).

The Police will not be interested as it certainly is a civil matter. The man says he requires you to pay before he gives you the vehicle. you say that is not happening.

You may have free legal advice with the BHS or with your household policy or any union membership you have. I would run it by them. But, IME, it would be simpler to pay what he says you owe him and take the vehicle.

 

[FrecklesTheCat]

Red-Nose, I read it as the person doing the conversion and the garage owner being different people. The OP has fully paid the person doing the conversion - but the person doing the conversion owes money to the garage owner. The garage owner then wants to hold the vehicle as security for the money owed by the person doing the conversion. But the vehicle isn't owned by the person doing the conversion its owned by the OP.

 

[Tiddlypom]

Red-Nose, I read it as the person doing the conversion and the garage owner being different people. The OP has fully paid the person doing the conversion - but the person doing the conversion owes money to the garage owner.

This is how I read it too.

 

[pansymouse]

You need to get proper legal advice and I suspect the first step your solicitor will take is to send a letter outlining your case and desired outcomes. I doubt the police will be wiling to get involved until it is proven a crime has been committed.

 

[Pinkvboots]

Just spoke to my sister she works for the police she said the police should help you, as your agreement is not with the garage owner his no right to keep your vehicle just because his tenant owes him money.

 

[Dunpony]

Thanks for all the replies. Yes, the garage owner and the person doing the conversion are different - the garage unit is rented. I made the final payment in May on the basis of pay or it won't get done.. The police can't help and CAB can't do much either due to the value.

Solicitors here we come

 

[Red-1]

Red-Nose, I read it as the person doing the conversion and the garage owner being different people. The OP has fully paid the person doing the conversion - but the person doing the conversion owes money to the garage owner. The garage owner then wants to hold the vehicle as security for the money owed by the person doing the conversion. But the vehicle isn't owned by the person doing the conversion its owned by the OP.

Thanks for all the replies. Yes, the garage owner and the person doing the conversion are different - the garage unit is rented. I made the final payment in May on the basis of pay or it won't get done.. The police can't help and CAB can't do much either due to the value.

Solicitors here we come

Ah, that makes more sense then. How awful for you. Do you know how much is owed? Do you have access to free advice? If you don't have it in a package then I think some do an initial consultation for free.

 

[Pinkvboots]

Does the garage operate as in its running as a business?

 

[Dunpony]

Does the garage operate as in its running as a business?

No, it's a private lockup.

 

[be positive]

No, it's a private lockup.

Is there any way of finding out how much rent is owed? it may be worth paying that, if not too much, getting your lorry and chasing the rent by small claims, not sure if that would be possible but it would at least release the lorry and leave you with just one person to deal with, the garage owner may be willing to accept a compromise to get the garage back to rent to someone else.
It could go on for ages and cost you a fair bit in solicitors fees so worth looking into.

 

[Pinkvboots]

That's a shame had it been open you could have sent some heavies round with the keys to go and collect it.