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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have purchased a company and part of the deal was a lorry.The

Customer Question

We have purchased a company and part of the deal was a lorry.The previous owner of the business now states that he owns the vehicle but the registered keeper on the V5 shows the company.
Where do we go next ?????
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know was the deal with the lorry in writing?

JACUSTOMER-1jnzlxyj- :

There was no deal in writing, ho do I confirm what he is saying is correct

Alex Watts :

The owner just changed his mind?

JACUSTOMER-1jnzlxyj- :

not really and even though he says he is the owner he is not prepared to show documentation.Dont forget that we have a V5 showing that the registered keeper is the company

Alex Watts :

Yes I know that but how did you know the lorry was part of the deal?

JACUSTOMER-1jnzlxyj- :

Because he said it was

Alex Watts :

And this is the same person that has changed his mind now?

Alex Watts :

How come you have the V5?

Alex Watts :

I assume he has the vehicle?

JACUSTOMER-1jnzlxyj- :

Is there a way (legal of course)where I can find out the name and address of the owner.We have the V5 because it is in the name of the company and we are in possession of the vehicle.

JACUSTOMER-1jnzlxyj- :

He he says he wants to start charging a monthly rental for the vehicle

Alex Watts :

Ok - so you have the vehicle in the Company that you now own?

JACUSTOMER-1jnzlxyj- :

yes

Alex Watts :

Ok - then you dont need to worry

Alex Watts :

You have the V5, you have the company

Alex Watts :

Everything is in the Company nam,e

Alex Watts :

He can try and charge rental but you can refuse this on the basis there is no agreement.

Alex Watts :

I would however get the locks changed in case he tries to take it

Alex Watts :

But if you refuse to pay all he can do is issue a county court claim

Alex Watts :

You can defend it on the basis that you have the vehicle, V5 document and the Company

Alex Watts :

So the ball is in his Court. You dont need to do anything

Alex Watts :

It would have been a different process if he was refusing to hand over the vehicle

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-1jnzlxyj- :

Thanks but is there a register in existence where we can prove/disprove that he Is the owner

Alex Watts :

No. V5 is compelling though

Alex Watts :

Does that help>?

JACUSTOMER-1jnzlxyj- :

ok thanks for your help

Alex Watts :

Great. Can I help with anything else about this?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?