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I need someone who can give me a bit of friendly advice on how I can handle this situation because I have a feeling this is going to get sticky!

I have a personal nightmare which has been going on for the last three or four years with a garage that was restoring and old VW camper van for me and my girlfriend. I had used the garage before for little jobs and tbh have been spot on and the work is A1.


I sumitted an old vw camper van to a garage to be restored a few years back. I made the mistake of offering them the full balance to complete the job, (so long ago I cant remember how much! Ithink £4000 anyway might have been £5000) before the job commenced if they could promise to finish the job within 12 weeks. the declined, telling me that they promised to complete the job within 12 weeks but pay half now and half at completion. I had good contact with the garage at the start of the job and it seemed to be moving at a good pace. I was visiting the garage once a week to check on progress. 12 weeks had passed and the van was not finished, and nowhere near finished either at that. Now at the time I was going in every week to check progress and to my surprise it had tailed off completley. I eventually gave up going in every week and left it to every few weeks or so, just because it was so frustrating for me to see nothing being done after numerous requests from me and thousands of aplologies form them. two years had passed and we were still hassling them because we knew we would eventually run out of money to pay them the balance if it wasnt finished soon. A couple of grand starts to burn big holes in your pockets. It is still at the garage and now for the last six months they have been hassling me for money to complete the job although the job is not finished nor are they working on it? I have now heard that they are trying to sell it on me! Being completley honest I have tried to stay out of the way because I havent had the money to pay them for a few bits and peices they tell me are holding the job up if they dont get it. Chrome bits and pieces which are blatently not holding the job up. Truth is they need the space in the garage now and want shut of it but dont want to finish it. I believe there was more involved in the job than they first quoted and they resent the job and dont want to finish it or spend more time on it. There is more structural finishing to be done before they screw the headlights back in!

No contract for the job, nothing written down about timescales!! I went in there today to pay them £850, which is more than half of the balance left to pay as I have given them bits and pieces over the period, boss is away on holiday till monday. I just dont know what this guy is going to say to me and I am feeling pretty sh1t about the whole experience and have had it hanging over my head for ages now. I want to tell him to take the 850 and we will take the van away unfinished. being honest also I feel intimidated by the whole situation too because he has my van and I dont have all the money to give him and I have avoided him for about three months. What a mess.

Any suggestions??

Difficult one to answer really mate. 1st thing I'd do is sort out getting your van back I reckon.

As regards the rest, it's a bit of a funny situation. Like you've already mentioned, you didn't draw up a contract or agreement. I suppose that works in your favour too?

If you didn't (formally) agree on owt you should be able to get the vehicle back for a start?

Not much good with stuff but I'm sure someone will be along to give better advice asap!

Go to the citizens advice bureau, their there to help folk with things like this. http://www.citizensadvice.co.uk

I know putting things like this out to the masses can lead to helpful advice but it can also attract a lot of bad advice that can do more harm than good.

The thought of torching the place has crossed my mind,

would never get my van back then!

I did try the CAB the old woman who works there hasen't got a clue, spends hours just looking through huge manuals and books then tells me to write a polite letter to them! I may drive to the next nearest office and try there. Maybe the old woman was on some sort of day realease scheme?

You did have a contract. A contract is binding whether verbal or written. Wether or not a court would consider that you accepted a new contract by not enforcing the first one is a moot point.

They can only sell it if they take a lein on it, in other words, they confiscate it in lieu of money owed for work done. If they haven't done the work they can't claim for it.

Never mind the CAB, go to a solicitor who offers 1/2 hr free consultation and sue them for breach of contract with the proviso that you now need to engage someone else to complete the work and they will be picking up the tab.

The fact that they agreed to finish it in 12 weeks is a breach of the verbal contract in its self.
Did they quote the price for the restoration? if so then you gave half the balance in good faith, the only monies due is the remainder of the said quoted price at the time of completion, thus I cant understand why you paid them another £850?? but again it was done in good faith.

Do you hold the V5 for the van in your name? also a reciept for the purchase of the van in its original condition, i.e prior to the restoration project??

From what you have told us it does seem that it should swing in your favour should it get to a legal wrangle in the small claims courts.

Keep us posted.

Jim.

CAB and solicitors are both good ideas

Chances are they bit off more than they bargained for and just want rid to clear some space for other things that they can make on.
Go and see them ask what’s happening with the van when it will be done put it to them politely that it seems there’s not a lot going on and that in your opinion after this much time they have lost all interest and that perhaps it may be better to take the van some were else to have it finished. If you put it the right way you can make it seem like your doing them a favour.
You may be asked for a final payment to cover there costs up to date if so ask for a full breakdown of the bill i.e. parts and labour and make sure they have done all the work there trying to charge you for. You’ll probably have to pay this to get your van back “would you let some one have something without paying you what is owed”
If there’s a lot of humming and arring follow the points below to


Make sure u have some proof that you own the van and can show it
Sent a letter to the garage asking for a written statement of there position “get everything in writing from now on not over the phone” try and get them to acknowledge that you are the owner and there is no intention of selling the van by them in the letter

It is possible for them to sell your van from under your feet if unlikely if

1) They have a no car till full payment for work after X number of weeks to recoup policy
2) As you handed your van over if they do sell it its not a criminal offence so the coppers won’t get involved and you have to take them to the small clams court “this can cost a lot so try and avoid if you can”


The above is not very likely but could happen.

Edit
Verbal agreements are not worth the paper there not written on

Simple its your word against Theirs

hiya, you have let this go on too long.
firstly you need to secure ownership of the vehicle.
you need something in writing, send them a letter, threaten court action, small claims are cheaper these days.
they have broken the contract agreed with you at the beginning, but by leaving for such a long time could have caused you problems, seek legal advice this instant!

my 2 pennys worth, if you've got the V5 why not "sell" the van to a mate and let him collect the van, they cant stop him taking it as the bill isnt his

You do have a contract in law, where there is an offer and an acceptance you have a contract. They are in breach of contract, spend some of your £850 on a solicitor and get your van back.

had a word with a solicitor, he is saying what you have written is to vague and inconsistent for him to offer real advice, with the timeline and you getting fed up with going to them and then avoiding them, he is saying that in court you might get a 50/50 deal or return of the vehicle minus the parts! They cannot sell the vehicle as you are the owner and would also be illegal without v5 document. It would be better if you had receipts for what you have paid etc and invoices for what they had spent so far and evidence of any monies that you have given them. Hope this helps.