How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 778
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

I paid a transport company to collect a vehicle from an auction

Customer Question

I paid a transport company to collect a vehicle from an auction house and deliver it to my mechanics business address on a specific date. The delivery company failed to do so on the agreed date but then managed to try and deliver the car 3 days later out of business hours at 1am! They took back my car and have now impounded it. They are asking for £600+ and threatening to sell the car if I don't pay. I would like advice on how to get back my car urgently as this company acted very unlawfully throughout.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am a lawyer with over 15 years experience. I will try to help you with this.

LondonlawyerJ :

Inlegla terms This is a contract disoute in

LondonlawyerJ :

did you sign a written agreement with the company or is there a set of standard terms and conditions that they operate under that you agreed to when you signed up? If so does this include anything that would on the face of it enable them to get away with this conduct?

JACUSTOMER-xif82cq7- :

i got the company on Anyvan website which has our conversations of what I required from the company

JACUSTOMER-xif82cq7- :

this shows the days the car was supposed to be delivered and that it was going to my mechanics business address

LondonlawyerJ :

Have you already paid the fee for the car to be delivered? Is the £600 on top of this? How much did you pay for the car? Can you just clarify what was agreed: ie what date were they to collect the car from the auction, when was it due to be delivered and was there any time specified?

LondonlawyerJ :

If you can give me this information I will be able to give you a more thorough answer.

JACUSTOMER-xif82cq7- :
the email i sent to the car transporter sums up what happend:Dear Mark Lowe (Mcartran)
This is an email requesting information on the job I booked via Anyvan on 24/03/2014 stating that the car had to be collected from BCA Car Auction in Nottingham either on Tuesday 25/03/14 or by Wednesday 26/03/14 and delivered to my mechanics place of business in Hook where I would pay cash on delivery in person.
You accepted this job under these conditions. I proceeded to email you the invoice you would need for vehicle collection & you confirmed receiving it.
I then rung you Tuesday morning around 11am to check how you were getting along with the job. You proceeded to explain to me that you could not collect the vehicle on Tuesday but would do this on Wednesday. I agreed to this and have this on record.
You then contacted me on Wednesday saying that you could not do the job once again on our agreed day..this added to my frustration as that meant I could not take delivery of the car in person as this meant you would then have to deal with Paul my mechanic at his premises. I then required pictures of the vehicle BEFORE and AFTER delivery to confirm condition which you agreed to
Paul has mentioned a few changes you tried to make in your conversations which he can testify to in court.
You texted me on Thursday 1106am to confirm you were on the way-I have this on record.
Later you contacted me saying you could only deliver the car out of working hours around midnight and you had arranged where to Park it with Paul.
I had to ring you to explain and express my frustration as this was really unprofessional . I am rarely allowed to speak on my phone unless its an emergency so this put my job at risk. I could not talk for long so we resumed to communicate via text. I preferred this way as this would store all our communication on record.
I asked for confirmation of your location via picture message and your ID details including your truck registration plate image. I explained that this would also serve as proof of delivery especially considering the car has drivers side window open and you would be leaving all car documents including ignition keys completely unattended. I feared you were not at the agreed location for obvious reasons: It was now Friday 28/03/14 for a job that had been set to be done on Wednesday 25th at the latest.
You failed to send evidence of your exact location as I asked for a picture of the delivery business premises so I was not happy to make payment. You rung the police and reported to Anne PC8395 (101 Hampshire Police). My texts show I was happy for the police to get involved as this would give me reassurance of your location & a secure delivery of the vehicle.
You sent me nasty messages calling me a pig and idiot among other deformative names which is slander...I have these on record.
You provided a picture of the transporter at Winchester Services which proved your location so eventually deposited half of your funds and you confirmed receiving £65 in your bank account. This was to prove I was willing to pay my bill of £125 in full once you provided photographic evidence of you at delivery address.
You still refused to do this and eventually I paid the balance in full as my phone battery was getting very low..£125 delivery fee was in your account but you increased fees and demanded a total of £270. I refused to pay this amount so you took the car back with you to Dorset.
I have reported the matter to Anyvan and will now contact trading standards to investigate this criminal offence with all my evidence on record in the form of email and texts between us.
Your behaviour and conduct should not go unpunished and will see to it that justice is served.
Regards
Lionel T.

JACUSTOMER-xif82cq7- :
Dear Mark Lowe (Mcartran)
This is an email requesting information on the job I booked via Anyvan on 24/03/2014 stating that the car had to be collected from BCA Car Auction in Nottingham either on Tuesday 25/03/14 or by Wednesday 26/03/14 and delivered to my mechanics place of business in Hook where I would pay cash on delivery in person.
You accepted this job under these conditions. I proceeded to email you the invoice you would need for vehicle collection & you confirmed receiving it.
I then rung you Tuesday morning around 11am to check how you were getting along with the job. You proceeded to explain to me that you could not collect the vehicle on Tuesday but would do this on Wednesday. I agreed to this and have this on record.
You then contacted me on Wednesday saying that you could not do the job once again on our agreed day..this added to my frustration as that meant I could not take delivery of the car in person as this meant you would then have to deal with Paul my mechanic at his premises. I then required pictures of the vehicle BEFORE and AFTER delivery to confirm condition which you agreed to
Paul has mentioned a few changes you tried to make in your conversations which he can testify to in court.
You texted me on Thursday 1106am to confirm you were on the way-I have this on record.
Later you contacted me saying you could only deliver the car out of working hours around midnight and you had arranged where to Park it with Paul.
I had to ring you to explain and express my frustration as this was really unprofessional . I am rarely allowed to speak on my phone unless its an emergency so this put my job at risk. I could not talk for long so we resumed to communicate via text. I preferred this way as this would store all our communication on record.
I asked for confirmation of your location via picture message and your ID details including your truck registration plate image. I explained that this would also serve as proof of delivery especially considering the car has drivers side window open and you would be leaving all car documents including ignition keys completely unattended. I feared you were not at the agreed location for obvious reasons: It was now Friday 28/03/14 for a job that had been set to be done on Wednesday 25th at the latest.
You failed to send evidence of your exact location as I asked for a picture of the delivery business premises so I was not happy to make payment. You rung the police and reported to Anne PC8395 (101 Hampshire Police). My texts show I was happy for the police to get involved as this would give me reassurance of your location & a secure delivery of the vehicle.
You sent me nasty messages calling me a pig and idiot among other deformative names which is slander...I have these on record.
You provided a picture of the transporter at Winchester Services which proved your location so eventually deposited half of your funds and you confirmed receiving £65 in your bank account. This was to prove I was willing to pay my bill of £125 in full once you provided photographic evidence of you at delivery address.
You still refused to do this and eventually I paid the balance in full as my phone battery was getting very low..£125 delivery fee was in your account but you increased fees and demanded a total of £270. I refused to pay this amount so you took the car back with you to Dorset.
I have reported the matter to Anyvan and will now contact trading standards to investigate this criminal offence with all my evidence on record in the form of email and texts between us.
Your behaviour and conduct should not go unpunished and will see to it that justice is served.
Regards
Lionel T.

JACUSTOMER-xif82cq7- :

the email sums up what happened...he is now demanding over £600 and charging me £25 storage each day. His invoice includes billing me for the time we were "arguing" about his location. Please advise me on how I can get my car back and on what unlawful actions Mark did throughout this situation. Thanks

JACUSTOMER-xif82cq7- :

i only paid him the agreed delivery fee of £125 after we had been arguing for 4hrs..he was saying he was at the delivery address at 1am ready to offload the car with no one around.

JACUSTOMER-xif82cq7- :

i asked for a photo of the building to verify his location and he refused to provide it..eventually i gave in and paid him the £125 but by then he had gone back with the car and was demanding more money

JACUSTOMER-xif82cq7- :

the car cost £1220 from BCA Nottingham and I had to email the transporter this invoice to use when collecting the car so he knew the value of the car from day one.

JACUSTOMER-xif82cq7- :

I have all the texts and emails to prove his lies and in addition someone has given him negative feedback for a job he was supposed to carry out on the very same day he suppossedley tried to deliver my car at 1am.

JACUSTOMER-xif82cq7- :

www.anyvan.co.uk

JACUSTOMER-xif82cq7- :

Anyvan is the website i posted the job on. all conditions i required to be met are on file to prove that the company had agreed to meet these terms.

LondonlawyerJ :

It seems that you have been very let down here and that the van company are in breach of contract to you. Do you think that Anyvan will be able to take effective action for you? This company have no right to impound your vehicle and absolutely no right to sell it. Indeed doing so would probably amount to theft. Holding onto it and demanding completely unreasonable fees or else may aso be an offence. If you want quick action then your best bet may be to make a complaint to the police. Any civil action you take (eg in the small claims court) would be slow and if you were to do this at the same time as calling the police it would make it easier for the police to say this is a civil dispute which they have no business getting involved in.

LondonlawyerJ :

I hope this answer is helpful but please feel free to ask further questions.

Customer: replied 2 years ago.


thanks for the response..my local police station already said its a civil matter. I have texts from the transporter saying he is going to sell the car! How do


i get the police to take this seriously?

Expert:  LondonlawyerJ replied 2 years ago.
The problem is the police have a duty to investigate crime generally and have a discretion to decide what to do about particular crimes.

Your legal remedy is to rite again pointing out what he has done, and telling him that unless he returns the vehicle to you within a set period of time (say 7 days) you will issue proceedings against him for compensation. This compensation should be for the value of the car he has taken, re-imbursment of the fees you paid for the delivery that did not happen and if there are any consequential costs include these too.

Follow this link to the government's sit eon how to brign a small claim https://www.gov.uk/make-court-claim-for-money/overview

It is not possible to bring a clam for an injunction (ie an order requiring return of the car) in the small claims court but to try and get one in the County Court would cost a great deal of money and is probably not a commercial proposition.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice