Uncollected Work

[rtbcomp]

Looks like I've been landed with a scooter frame & panels that I've blasted.

When 3 months is up and all efforts to trace the owner have proved negative it will be up for sale.

The problem is the frame. It's stamped with a VIN, but I don't know the registration number and I don't have the V5. There is a possibility it may be an unregistered import.

The DVLA tell me that to get a V5 I've got to present the complete bike at a DVLA depot for inspection, obviously I can't do this.

A prospective buyer would have the same problem. If he used the frame with an existing V5 the VIN wouldn't tally with the reg. number.

There is a possibility that the owner may report it as stolen, so a buyer could lose the bike.

Any thoughts?

 

[AndyStobbs]

How much does it owe you? If its not much just weigh it in.

 

[rtbcomp]

£70 but it could be worth a couple of hundred.

Problem is I've got to show I've tried to get the best price, anything over my costs (work done, storage, disbursements &c) has to be refunded to the owner, should he appear.

 

[KemppiFrog]

Bit catch 22. If you were inclined (I wouldn't) you could buy another damaged bike and re build it with 'your' good frame, then present it for a V5 as the complete bike. Still got the possibility of reported stolen, but why would he?

Guy turned up one day, lots of projects. Took me out to lunch to discuss them. First off was a big steel work bench for two Record vices, which he dropped off. I built the bench and waited. Never saw him again. This was 20 yrs ago, but I still use the Record No. 8 as my main vice. The other is a quick release wood vice, also very useful.
KF

 

[KemppiFrog]

£70 but it could be worth a couple of hundred.

Problem is I've got to show I've tried to get the best price, anything over my costs (work done, storage, disbursements &c) has to be refunded to the owner, should he appear.

Is there any legal time limit on waiting?

 

[rtbcomp]

According to Trading Standards 3 months is a reasonable time. I suppose after 6 years I get to keep the money? I'm not really bothered about that aspect so much as getting a good price for the frame (it's a 1960s model) whilst keeping on the right side of the law.

I suppose he could report it stolen to get a good bike back and no cost!

 

[CompoSimmonite]

Put it on eBay with Buy Now for whatever it owes you - £70. Then if owner turns up you can give him the difference between what you got and what you are entitled - nil !
"At the end of the day" what do you want ? Is it gone and payment for work done or to make some money which you will have to give to owner if they ever turn up so you can't spend anyway ?
I suppose moral of story is always ensure you get customers full address in case such happens again.

Paul H

 

[danelectro]

Can you determine what it is by the VIN? some of them can be rather valuable!

 

[rtbcomp]

I've got two company addresses for him (he's a vehicle painter so should know better than to leave blasted metal lying around). His company is going down the drain.

The VIN is 125LIS 86................... That puts it at 1967 by the look of things.

It's a Lambretta,

If I do make something on it the money can sit in Premium Bonds until he turns up.

 

[Cobs]

Send an invoice for the work done to the two addresses you have (even if you think he's done a runner), include a letter that states if the parts are not collected within 14 days he'll incur storage charges of (say) £5 per week and state clearly that the parts will be disposed of after 3 months if not collected. Send by registered post. Include contact details, phone, mobile, email etc so he has no excuse he can't get hold of you. That way you have a paper trail if he ever does turn up and makes a claim. If no contact after 3 months weigh it in and cut your losses.

 

[pedrobedro]

It's most likely never been registered in UK so there will be no V5 until it is. Frames fetch varying amounts but I've not seen them go for under £200, better if the steering is included and the panels will be worth more if they are not rotten. Frame steering and panels together could make a good price so I would not dispose of them too lightly as someone may have a fair bit of money invested in them.

 

[AndyStobbs]

Clearly its not worth a mint, or the owner would have been back for it.

 

[wristpin]

To confirm your legal position, Google "Torts Interference of Goods Act (1977)"

A post on this site may also bring a result.
http://www.forums.ilambretta.com/index.php

 

[CompoSimmonite]

If I do make something on it the money can sit in Premium Bonds until he turns up.

That is an absolute brilliant idea

Paul h

 

[CompoSimmonite]

On reflection have you thought it might belong to one of his customers ? He gets you to blast so he can then paint for customer. Things go wrong with business and he walks away leaving customer and you both to sort out mess. There could be somebody desperate to get it back from the "painter" so maybe a message on Lambretta forum could help find the owner if not the person who bought it to you.

Paul H

 

[rtbcomp]

I've done the research into Torts & Liens - it's the DVLA angle I'm not sure about, they weren't much help, I was wondering if anyone had been in the same position.



"If you have taken all reasonable steps to trace the owner, you should contact the local police, if you have not already done so, to check they have no objection to your taking possession of the vehicle.

It is the Local Authorities that are empowered under the Refuse Disposal (Amenity) Act 1978 to deal with the disposal of an abandoned vehicle in this instance. I would advise you to contact them if you want to acquire it. If you then want to register yourself as the keeper you can apply for a V5C Registration Certificate by using application form V62 Application for a vehicle registration certificate*. However, you should not submit a V62 before the vehicle is complete and available for inspection. When the V62 is returned, include a covering letter explaining that the Vehicle Registration Mark is not known, but you have reason to believe it has been registered and is also complete and available for inspection.

The filled in form should be sent to:

VC 15
DVLA
SWANSEA
SA991ZZ

Normally you will have a document within 4 weeks of our receiving your application. However, as you are not yet the registered keeper of the vehicle special checks must be made, so you should allow up to 6 weeks to receive it. I must point out that the V5C Registration Certificate is not a document of legal title. It should not be regarded as proof of ownership. The register we maintain is only concerned with the person currently keeping and using the vehicle, nothing more. Therefore, I must warn you that this email does not constitute approval to your taking possession of this vehicle and if any subsequent claim is made the Department will not become involved in any dispute over ownership."

Looks like I'll sell it "as is" if it comes to that and let the buyer sort it out.

He said he bought it for himself, having sprayed a few for a local scooter dealer he fancied one.

 

[CompoSimmonite]

Why not take the bulky frame down to the business premises and dump it on the chaps. Keep the side panel and other bits to sell and cover your costs if he doesn't come up with the pennies within, say, 30 days.

Paul H

 

[rtbcomp]

The frame's the most valuable bit, and a bit awkward to take on the bus. If they've gone I can't just leave it as (unfortunately) I have a duty of care for goods left in my care.

The DVLA refuse to tell me whether or not it's been registered. I have managed to find out where he bought it from - an importer of scooters! So he'll know the registration status, I may even be able to sell it back him.

 

[bigegg]

Send an invoice for the work done to the two addresses you have (even if you think he's done a runner), include a letter that states if the parts are not collected within 14 days he'll incur storage charges of (say) £5 per week and state clearly that the parts will be disposed of after 3 months if not collected. Send by registered post. Include contact details, phone, mobile, email etc so he has no excuse he can't get hold of you. That way you have a paper trail if he ever does turn up and makes a claim. If no contact after 3 months weigh it in and cut your losses.

Almost right!
Don't send registered - just get a proof of postage from the post office counter, and keep that with a copy of the letter.
If there's no-one at the address, or they refuse, registered won't be delivered.
If you post 1st class with a proof of posting, it's deemed as "delivered" after 2 days - whether anyone accepts it or not. That's the method HM courts use, and if it's good enough for them...

 

[Shox Dr]

Almost right!
Don't send registered - just get a proof of postage from the post office counter, and keep that with a copy of the letter.
If there's no-one at the address, or they refuse, registered won't be delivered.
If you post 1st class with a proof of posting, it's deemed as "delivered" after 2 days - whether anyone accepts it or not. That's the method HM courts use, and if it's good enough for them...

I'd forgotten about that. The Police use the same rule for posting, when you don't get a summons they have supposed to have sent* yet they refuse to acknowledge the same rule when you have sent a reply



* (although they refuse to provide proof for such letter been posted)