Any advice on this situation??

gogs2006

3 years ago i agreed to buy a 1983 lorry from a friend. i paid him over half the purchase price as a deposit and was given the tax book.
I had to leave the lorry in his yard due to lack of storage at home..

He asked me a couple of times to move it but because i'am in the process of building a garage at home i had no room for it and i explained this to him!!!

Last week he informed me that he sold the lorry as scrap and would return my money:eek:

I was told the lorry went to Tipperary but that it could be already cut up!!!

I don't wish to fall out with him over this as we have been good friends for years.
I spoke to his son about this but he informed me that his father has had enough of the business and after 50 years of hard work everything has a price!!!

I can understand this as he's getting close to 70 years old and his mind maybe wandering but I was upset that he failed to contact me before his decision....

My question is, have i any right to reclaim ownership from the purchaser???

Can i stop it being destroyed???

Gary ITR

I'd have probably done the same tbh. The chap did ask you to move it a few times. Just get in touch with whoever he sold it to and try buy it from them. Other than that let it go cos it'll only end up in an argument

mustang68

Seems like he asked you take the van (you had placed a deposit on) on a few occasions, having failed to collect it he took the step to dispose of the van and return your money. The only ambiguity that I can see is he should have told you he was getting it scrapped, however given the fact that you still had no where to put it, seems fair to me.

Is it the fact that you had the tax book, was it in your name?

--amadeus--

Am I the only one thinking you were lucky to get the deposit back? In fairness did you expect him to store it forever for free? He held it for 3 years, that must be some garage you're building!

gogs2006

mustang68 wrote: »

Is it the fact that you had the tax book, was it in your name?

It is registered in my name from date of sale

--amadeus-- wrote: »

Am I the only one thinking you were lucky to get the deposit back? In fairness did you expect him to store it forever for free? He held it for 3 years, that must be some garage you're building!

I'am lucky to get my deposit back..
I wasn't expecting free storage for 3 years but he has full access to the use of my other machinery and equipment when he wishes at no charge....

I wish it was a big garage but i was delayed with planning and waiting for Eircom to move a pole!!!

--amadeus--

Was access to your equipment part of teh deal? If not then it's not really relevant, IMO. Likewise it doesn't matter if you expected free storage for 3 years or not, that's what you got. He stored it, asked you (several times) to move it and you didn't. So he sold it to someone else and refunded your money. I genuinley can't see the poblem - if you wanted it that badly you'd have moved it by now, you're not out of pocket, where is the issue?

As avendor - friend or not - he had a right to expect you to complete the purchase in a timley manner. A deposit is just a holding deposit, it holds the sale, you can't just leave it hanging forever and a great number of people forefit the deposit if they can't complete the sale in a sensible timeframe.

gogs2006

When we agreed a selling price he asked me could he have the use my low loader trailer for collecting vehicles in return for a reduced asking price...
I agreed and he has used my trailer on numerous occasions even at short notice

I have no problem with admitting that i abused the deposit and storage situation but the fact that i didn't even get a phone call to inform me is my grievance with the whole situation..

Thanks for your views .I can only blame myself for not closing the deal in good time

carchaeologist

Tough one there goggs,i see his point but in fairness he should have told you he was scrapping it,especially as you had paid the deposit and had the tax book.
Was it a particularly rare truck?
Hate when that sort of thing happens.:(
Best of luck getting it back!!

junkyard

I could write a book on this situation tbh, I've been left high and dry with restoration projects over the years for foolishly agreeing to store something for a "few" weeks and it turning into years and even then you plead with the owners to collect you still get caught. So sorry OP I think he was right, he did ask you numerous times to collect, people only have so much patience.

gogs2006

carchaeologist wrote: »

Was it a particularly rare truck?
Hate when that sort of thing happens.:(
Best of luck getting it back!!

It was rare in it's own respect as it was a genuine Irish reg owned from new by Walsh western.
I had traced it's history even the original driver who told me it traveled all over Europe even as far as Russia!!!

I had bought many new parts and have been given photos of it working in the 80's......

I can only hope i can it back.......

carchaeologist

gogs2006 wrote: »

It was rare in it's own respect as it was a genuine Irish reg owned from new by Walsh western.
I had traced it's history even the original driver who told me it traveled all over Europe even as far as Russia!!!

I had bought many new parts and have been given photos of it working in the 80's......

I can only hope i can it back.......

What a pity,its always good to have the history of a vehicle..really hope you can get it back!!