Car removed from garage... who owns it advice please.

tuscanv6

I am interested in buying a classic car which has been stored in a garage for 30 years, the car has been removed as the garage was being knocked down by a developer. The person that owned the car pushed off to France 5 years ago leaving his partner of 25 years and their 3 children with a huge stack of debts. The partner is selling the car to recover some of the money, she tells me she has been paying the garage rent for over 10 years. The car is not currently on the DVLA register as it was on an old buff type log book and the car was off the road when their system went over to computerised. There is no log book available from the seller as it appears to have got lost. The car has a registration number on it and has a chassis plate, and I have traced a fair bit of the cars history. I know I can get a current style logbook through the model specific car club once it is back ready for an MOT. Another member of our club had a similar situation where a garage was being torn down and he bought the car. A year later the police were informed that it had been stolen by the owner, after investigation the police came to the conclusion it was a family matter as the seller had been the owners sister and he had been away for a long period of time.
I would love to buy the car and would appreciate any advice from someone on here who knows how I would stand if her partner turned up demanding the car back from me in a few years time?
Many thanks in anticipation.............George

goonarmy

tuscanv6 wrote: »

I am interested in buying a classic car which has been stored in a garage for 30 years, the car has been removed as the garage was being knocked down by a developer. The person that owned the car pushed off to France 5 years ago leaving his partner of 25 years and their 3 children with a huge stack of debts. The partner is selling the car to recover some of the money, she tells me she has been paying the garage rent for over 10 years. The car is not currently on the DVLA register as it was on an old buff type log book and the car was off the road when their system went over to computerised. There is no log book available from the seller as it appears to have got lost. The car has a registration number on it and has a chassis plate, and I have traced a fair bit of the cars history. I know I can get a current style logbook through the model specific car club once it is back ready for an MOT. Another member of our club had a similar situation where a garage was being torn down and he bought the car. A year later the police were informed that it had been stolen by the owner, after investigation the police came to the conclusion it was a family matter as the seller had been the owners sister and he had been away for a long period of time.
I would love to buy the car and would appreciate any advice from someone on here who knows how I would stand if her partner turned up demanding the car back from me in a few years time?
Many thanks in anticipation.............George

Sorry who do you intend to buy from? Did the current keeper claim the car? This is easy to do.

tuscanv6

goonarmy wrote: »

Sorry who do you intend to buy from? Did the current keeper claim the car? This is easy to do.

I'm buying the car from the partner with the three children.


She says it does belong to her as she has been paying the garage fees for five years since he pushed off and the five years prior to that.


Complication is the car is a classic one and is not on the DVLA's system since it was computerised in the 1980s.


We're not sure whether she knows where he is apart from France, so there's a good chance she can't contact him to let him know what she's doing to recover her garage fees.


I'm concerned the guy may show up in the future with the old buff log book and be able to claim title to the car, which by then I may well have spent money on restoring.

goonarmy

tuscanv6 wrote: »

I'm buying the car from the partner with the three children.


She says it does belong to her as she has been paying the garage fees for five years since he pushed off and the five years prior to that.


Complication is the car is a classic one and is not on the DVLA's system since it was computerised in the 1980s.


We're not sure whether she knows where he is apart from France, so there's a good chance she can't contact him to let him know what she's doing to recover her garage fees.


I'm concerned the guy may show up in the future with the old buff log book and be able to claim title to the car, which by then I may well have spent money on restoring.

Partner ie spouse of the owner of the car or partner in a business? She can claim the car then you can buy it off them. DVLA will do the contacting.

tuscanv6

goonarmy wrote: »

Partner ie spouse of the owner of the car or partner in a business? She can claim the car then you can buy it off them. DVLA will do the contacting.

Partner - as in personal relationship and all three children are his. They were not married, but living together for 25 years.

DVLA will not have his current contact details. He however may have the old style log book, and could show up in a few years time looking for his car, find it gone and report it as stolen.

Joe_Horner

The old style log books, kust like current V5s, are NOT proof of ownership. They are only a record of who the "registered keeper" is. In the case of the old buff books, they're not even effective evidence of ownership as they're often retained / sold / traded as memorabilia.

As long as you're happy that the woman is on the level (do you know her personally or just "through" this car?) any possible come-back would be a civil matter between her and the absentee.

The car should just about cover the missing 5 years of CSA payments

atrixblue.-MFR-.

I dont think the OP has a right to buy it as the seller hasn't the right to sell it. as the OP knows the background and knows it isn't hers to sell and she's been open about that with him, the rightful owner will have good claim to the vehicle if he returns, leaving the OP out of pocket.


OP would not have a leg to stand on if he got to court, as 1 he was informed of the owner leaving the country and has no idea that his classic car is being sold.


2.this is not being sold through a garage, its private sale from what I gather because of the garages on the developers site being demolished, so there will be zero right to claim tittle if things went pear shaped in 12months.


I cant see how abandonment would come into it either as it hasn't been abandoned its been in paid for storage so that's one thing ticked off the sheets if you got in a tricky situation.


scenario you have is he comes back realized his ex common law has sold his classic, he reports it stolen its taken from you by police (car then diminishes in price as a stolen recovered marker is on HPI file), then you make a claim to the courts for your money back from her.


scenario 2. he comes back realizes that's its been sold by her, and pursues her for the money and leave you out of it.


scenario 3. he doesn't come back, all is well and you get what you paid for.

Norman_Castle

I cant see how abandonment would come into it either as it hasn't been abandoned its been in paid for storage so that's one thing ticked off the sheets if you got in a tricky situation.

Unless the garage owner agreed to store the car indefinitely I would consider it abandoned by its previous owner. Has the owner made contact or shown interest in the car since leaving?. What is the car worth?.

Oli.s

Just for clarity op, I take it you mean a garage as in a garage joking into your house, garden eye you store your car, tools, junk in? Not a garage as in a place that sells or repairs cars etc?

tuscanv6

Hi everyone, thanks for all of your replies.

The garage is not a business, it's a normal storage garage. The car was in one of a number that has been sold to a developer - as she pays for the storage the woman was contacted and told the contents of the lock up must removed, which the car now has been.

The car is worth £2k, but when I restore about 10k.

Whether the guys knows about the car I do not know. She says he's left left her with £100k of debt and the car will go towards paying that.

No idea if he has come back to see the kids or whether he will ever come back. Or actually if he ever went? I only have her side of things. She seems pretty desperate and genuine though - the car is being kept at her employer's discretion where she works but they want it gone asap as it is an eyesore. I've been there and there is a ton of spares engines etc that were unearthed from the garage just lying around it.

atrixblue.-MFR- You hit the nail on the head with those scenarios. I'm worried the guy will pitch up, try and get something from her (probably unsuccessfully) and then have a go at me. The police more than likely will just say that it is a family or domestic matter and not technically theft so probably won't take the car.

Still, it leaves me open to being sued by him doesn't it?

Retrogamer

Hello TuscanV6
I often come here as well to get some advice.
Much better than Speed, Plod & Law on Pistonheads eh ?