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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10905
Experience:  30 years as a practising solicitor.
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We bought a truck but we made it very clear we did not have

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We bought a truck but we made it very clear we did not have the licence to drive it yet and would need to leave it parked where it is for 6 months. The guy we bought it from said it fine, then 2 weeks later said we had to have it gone. We can't legally drive it. So he's threatening to drive it to our house and just leave it outside the door even though we have no where to park it and once he does will not legally be allowed to move it. Do we have any case as he made a verbal contract that we could leave it there for 6 months, and he admitted that in the text messages.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
If part of the agreement was that the seller would retain the truck for six months then that is a avid condition of the contract. If he breaches that then you would have a remedy in damages, for example, representing the cost of having to remove the vehicle from your house by a qualified driver and finding paid storage for the vehicle for the agreed period.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
But is a verbal agreement enough? I have a text message where he admits that he thought the truck staying there for 6 months would be no problem but it is now and it needs to move. We thought maybe he was getting evicted. But it turns out he was just finding it an inconvenience but never tried to remedy that by asking for the keys so it could be moved when needed etc. He knew we were unable to drive it. So now he's saying he's going to just drop it off at my house (where I have no off-street parking - something I made very clear in the first few text messages we exchanged) or get it scrapped if we don't have it off his property immediately. If he drops it off here we have no way of moving it and it will block up the entire street.
Customer: replied 1 year ago.
Also if he does drive my car without permission isn't that illegal?
Expert:  JGM replied 1 year ago.
A verbal agreement for something like this is binding in Scots law assuming it can be proved. In this case I presume there's at least two of you and you have the text messages so that would be proof of the verbal agreement.
Expert:  JGM replied 1 year ago.
If he doesn't own the vehicle any more and isn't insured for it either I presume, he shouldn't be touching it without your permission.
Customer: replied 1 year ago.
Thank you for your advice so far. Can I ask one more question. We have found a place to park it (we have to pay £60 a month) but we can only meet him there to get the keys off him between 5-6pm. He's refusing, saying he can't do that time, we'll have to find someone else to drive it and the deadline is today. Yesterday the deadline was Wednesday. If we move it and pay for all the extra things its going to cost us can we still take action against him afterwards? The reason I'm wanting to move it is because theres nothing stopping him from tampering with it. But I want to make sure he doesn't get away with this because we made an agreement and we would never have bought a vehicle we couldn't drive and had nowhere to park unless he agreed to let us keep it there for 6 months.
Expert:  JGM replied 1 year ago.
Yes you can, because in my view, he has already told you that he intends to breach the contract by refusing to store the lorry for you. You have already said he can't do this and he hasn't accepts your position so you are able to make alternative arrangements and claim damages from him for the cost of removal and storage for the period. The costs have to be reasonable.
Customer: replied 1 year ago.
It would be £60/month for 5 months + road tax and insurance (because he told us we wouldn't need that and to declare it off the road so we sent away the SORN letters). I have no idea how much it costs to hire a driver to move it thought. But I'm guessing all in it will cost us about £500-800 in total for the 5 month inconvenience. Is this worth fighting for? Won't it cost me more in legal fees to get that money back?
Customer: replied 1 year ago.
And I will definitely be rating you 5* you have been very helpful. I just need to know what my next steps should be.
Expert:  JGM replied 1 year ago.
The vehicle should if possible be stored off-road so that it doesn't have to be taxed for the period. In a breach of contract claim you have to be seen to be minimising your losses.
If you instruct a solicitor it would be viable to sue for that amount of money however you could use the small claim procedure and deal with the case yourself. You can find details on th Scottish Courts website at www.scotcourts.gov.uk
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10905
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much for your advice.

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