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Ask Ash Your Own Question

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I am a classic car restorer,...last year some one came to me

Customer Question

I am a classic car restorer,...last year some one came to me for help restoring his car , Etype jaguar 1966 a valuable motor.
He had started work and decided to give it to me to finish. he paid me £10k in advance and lubbly jubly away i went pulling it a part and getting on with the job.
He purchased the car on ebay for £16K the man on ebay bought the car from a garage here in the new forest.. You guessed it the garage had sold a customers car !
Question how do i repudiate all of the agreement between the person who paid me to resto the car. he had given more money for parts and labour using another car as a donor.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know whether there is any contract?
Customer: replied 1 year ago.

I have a letter from the person i am dealing with outlining what i am to be paid and what standards of work are required and how long it will take. payments in stages in advance.

Expert:  Ash replied 1 year ago.
Who is your contract with the garage or customer?
Customer: replied 1 year ago.

sorry i havent explained enough.

1st theres mr Butterworth the true owner had the car since 1973, about 10years ago gives the car the Mr Ham the garage owner to restore, mr butterworth goes two and fro from the garage over the period and one day asks wheres my car to which mr Ham replies in needed the space and its at mr fathers house.

In the meantime Mr Ham sells the car to a mr Foy who in turn sells it on ebay to my customer a Mr Finch who in turn gives the car and some money for me to restore it.

Mr Finch recently applies for a V5c log book and gets one.

He then writes to the last registered keeper to find about the car on thursday last week " Bang it all goes off" mr Butterworth phoned the police and reports it stolen.

Sgt Gary perkins phones mr Finch to tell him the news, Mr Finch phones me and sent a copy of an email from the sargent how in turn phones me urgently to return his call i do so and i agree to make a statement and for his officers to come and see me later this week.

I am collecting together the stripped down car ready to be instructed as to what to do ( Give the car Back To Mr Butterworth ) Mr Finch has given me £10k in advance which i have used to restore the car and mr finch has given me a further £20K for parts in part exchange for the orginal car used parts. this part of our deal is now null & Void as he cannot give me the old car and parts so i now cannot give mr Finch the new parts etc from my own donor car. he is no longer able to trade as he doesnt have enough money or the old car is not his its mr butter worths, deal was with mr Finch.

I await your answer

Expert:  Ash replied 1 year ago.
Have you been paid up to date?
Customer: replied 1 year ago.

Yes i have used the £10K 1st payment.

i am holding onto the donor car and its parts because Mr customer Mr Finch cannot complete his part of the deal by exchanging the original car parts who actually belong to Mr Butterworth.

The person at fault here is Mr Ham the garage owner for selling the car whilst it was in his charge even thought the police tell me the owner mr Butterworth owes mr Ham Nothing all bills etc are paid, the time the car was left by mr Butterworth at Mr Hams garage / farthers address some 10years ? begs the question was mr Ham correct in selling the car because he was short of money.

Expert:  Ash replied 1 year ago.
Have you done the £10k work?
Customer: replied 1 year ago.

about £1500 to do, the rest is used up in time and some parts i have supplied

Expert:  Ash replied 1 year ago.
Any written contract?
Customer: replied 1 year ago.

I have emails and a letter from Mr Finch regarding work standard, amounts to be paid time to complete. plus verbal agreements and discussions along the way as we stood next to the vehicles.

Expert:  Ash replied 1 year ago.
Ok. Then you just need to make sure you have used the funds or end the contract now and give the remainder back. Given there is nothing substantive in writing then you can end it subject to the above witty issue.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thanks for you reply . What is a witty issue

Expert:  Ash replied 1 year ago.
It meant to say subject to the above issue !
Expert:  Ash replied 1 year ago.
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Customer: replied 1 year ago.

No email copies of this received yet @ 8/7/15.

and as per my question opened today regarding the formation of a limited company to protect my assets plus i need a contract for any future work on clients cars.

Expert:  Ash replied 1 year ago.
What is it you would like to know about this question?

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