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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We have purchased a vehicle from a person who it now transpires

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We have purchased a vehicle from a person who it now transpires owes the people who have stored it over £3,000. They won't let us collect it even though we have purchased in good faith until this debt is paid they have solicitors and baliffs on this case what are our rights please?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
thanks we just want to know where we stand with this as we have arranged transport and storage and now are being told we can't collect it!
Who are the people that have stored the vehicle?
Customer: replied 1 year ago.
They are farm owners and the vehicle a historic fire engine had been stored in their barn prior to selling it to us.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Many thanks for your patience. The debt between the seller and the people who stored the vehicle is an issue between them. It does not transfer with the car, such as if there was a finance loan against the car. This would be a contractual mater between the people and who purchases the vehicle will not automatically have the debt transferred on to them or to the car which they have just bought. Therefore, as you bought the car in good faith and it is now legally yours, you should be entitled to collect it and if they have amy outstanding debt relating to storage then they should pursue the previous owner for it, as it will be a personal matter between them. Your options on taking the my further are as follows: you can make a claim against the storage owners and ask them to return the car or you will pursue them for the value of the car. Alternatively you could pursue the seller for misadvertising the vehicle if for example they did not disclose there was an ongoing dispute which could affect your ability to get the car. As no one can physically get the car for you, it may have to end up in a claim to get your money back.This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to take the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.