Maximum number of cars added to compare list.

What's your postcode?

We need your postcode in order to provide accurate search results.

Enquire

Enter your first name
Enter your last name
Enter your phone number

Got a part exchange?

Tell us your reg plate and receive a part exchange valuation on your car?

What's this?

Compare cars side by side to save time clicking backwards and forwards between them.

MILS LEGAL UPDATE – SELLING UNCOLLECTED VEHICLESBack

MILSLogo2Vehicles are left with garages more often than you may think. If you are owed money this can be particularly difficult to deal with. If you do not want to take the matter to court one of the options you may have is to sell the vehicle

The Torts (Interference with Goods) Act 1977 gives the garage two powers, one to impose an obligation on the owner to take delivery of the vehicle, and two, to take steps to sell the vehicle.

A garage cannot, however, exercise its right to serve a notice or sell the vehicle if at the time it has notice that, because of a dispute concerning the vehicle, the owner is questioning or refusing to pay all or any part of what the garage claims to be due in respect of the vehicle.

When is it appropriate?

It is a requirement that you have carried out work that is more than servicing and increases the value of the vehicle. There is some debate whether recovery is sufficient. Diagnosis alone is not.

Notice 1- Notice to Take Delivery

The power to impose an obligation to collect the vehicle is implemented by the garage giving notice in writing either by delivering it to the owner or by leaving it at his proper address or by post. The notice has to:

• specify the name and address of the owner and give sufficient particulars of the vehicle and the address or place where it is held; and
• state that the vehicle is ready for delivery to the owner; and
• specify the amount, if any, which is payable by the owner to the garage in respect of the vehicle and which became due before the giving of the notice.

Notice 1 is designed to give the owner notice to collect and pay for the vehicle. Do not release it unless paid in full. You are required to wait 14 days before moving to the next stage.

Notice 2- Notice to Sell

A notice of intention to sell the vehicle must:

• specify the name and address of the owner and give sufficient particulars of the vehicle and the address or place where it is held; and
• specify the date on or after which the garage proposes to sell the vehicle; and
• specify the amount if any which is payable by the owner to the garage in respect of the vehicle and which became due before the giving of the notice.

The period between the giving of the notice and the date specified for the exercising of the power of sale has to be such as will give the owner a reasonable opportunity of taking delivery of the vehicle but if any amount is payable in respect of the vehicle by the owner to the garage and which became due before the giving of the notice the period of notice must not be less than three months. The notice is to be in writing and shall be sent by post in a registered letter or by recorded delivery.
You need to allow a minimum three month period in the notice between giving the notice and date of sale. Again, the notice should be sent by recorded/registered post. If you have any queries, please feel free to call.

Whether this is appropriate is a question of fact. As this advice is general in nature, it will need to be tailored to any one particular situation. As an RMI member we can provide copy notices as part of your membership that you are able to use. You also have access to the RMI Legal advice line, as well as a number of industry experts for your assistance. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate.

Paul Carroll, Solicitor, Motor Industry Legal Services

Posted by Sue Robinson on 26/02/2016