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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience:  Partner in national law firm
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Can you please tell me whether I have any legal recourse to

Resolved Question:

Can you please tell me whether I have any legal recourse to the following? I took my motor scooter to a local garage for first, an MOT, and then repairs after the garage twice screwed up the bike’s electrics. It was in the garage a long time for various reasons but when I enquired about it recently the owner said that the garage had been closed down and my bike had been handed to the liquidators. He refuses to tell me who the liquidators are, and says it is my fault for leaving the bike too long. I paid a total of £300 for repairs I never saw and now I’ve lost my bike. I haste today reported the bike as stolen. But what can I do? I have the ownership documents and probably the repair receipts as well as a copy of an MOT that was issued on a bike with no lights, indicators or fuel gauge.
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
Good morning. My name is ***** ***** I am happy to help you today. Was the garage a limited company as far as you know? What is the name of the company?
Customer: replied 1 year ago.
Yes it was. It is called Motiv-8 and it is based in Attleborough, Norfolk
Expert:  Alice H replied 1 year ago.
i have found the company on the Companies House register but they appear still to be operating. Who told you the business had been liquidated?
Customer: replied 1 year ago.
The owner and sole director Darren Woodhouse did, in a series of emails over the last week. He washed his hands of all responsibility and said it was my fault I lost my bike because I left it there too long.
Expert:  Alice H replied 1 year ago.
OK. I can see that Darren Woodhouse is the sole director of Motiv-8 with the following company details: MOTIV8 MOTORCYCLES (NORFOLK) LIMITEDUNIT 52 MAURICE GAYMER ROAD ATTLEBOROUGH NORFOLK NR17 2QZ Company No. 06407498 According to Companies House the accounts are up to date as of October 2015. I can also see that he was previously a director of a similarly named company in 2006 which was dissolved and this new company was incorporated in 2007. As the business appears still to be operating there is no liquidator information held on record. Its possible Mr Woodhouse is not being completely honest about the position. I think you did the right thing to report the bike as stolen. You should follow this up with the police because if he is being dishonest his actions could amount to fraud as well as theft. If he is prosecuted you might not get your bike back but the court might order compensation for your loss. I suggest you also email Mr Woodhouse back and tell him that you do not accept the information he has given you and that he must compensate you for the loss of the bike within 14 days. If he fails to do so I recommend that you sue the company and Mr Woodhouse personally - the case against him personally would be on the basis that he has breached his duties as a director of the company i.e. through his dishonest dealings with you.
Customer: replied 1 year ago.
Thank you for this. This is a very good answer. One last thing: the bike was with him for a long time, for various reasons, partly my fault, partly his. I have outlined the timescale below. Does this affect my rights to ownership of my bike as he claims?Thank you.Early 2015: Bike taken for MOT
Passed after £175 repairs but on leaving I realise that there are no electrics - no indicators, no lights, no fuel gauge. Bike returned.Three month wait for parts from China. Bike collected for further cost; not sure how much but over £100. But same problem occurs.Bike taken in again. This time collected by garage. Bike taken off road through SORN, and no longer insured.I have no method of picking bike up, garage never tells me it is ready for collection anyway, and then I am taken ill and it ceases to be a priority to me.Dec: I start trying to ring garage but no reply. after three weeks I email. Told garage has closed and my bike is with the liquidators and it’s my fault.Contact owner and ask for liquidator’s details nd threaten to take matter further without assistance. Offer to forget whole thing if he helps me get my bike back. Nothing.
Expert:  Alice H replied 1 year ago.
No. Ownership has not transferred to the garage. Mr Woodhouse could claim a lien on the bike if there are unpaid invoices but to exercise such a lien he has to inform you that monies are due and outstanding and give you an opportunity to pay him. If such a situation did not arise, he has no right to keep your bike or give it to the liquidators. In fact they are both at fault to taking property that does not belong to the business. So, in summary, Mr Woodhouse is wrong in my view and your should not accept his explanation. Either he should help you get your bike back or compensate you for your loss - if he claims that his business has gone bust sue him personally for his failure to look after your property and send the bailiffs to his house.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
Alice H and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you. you have been a big help.
Expert:  Alice H replied 1 year ago.
My pleasure. All the very best of luck with this. Alice :)

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