Possible Liquidation - Crash Repairer has my car - HELP!

[P6LTD351]

Hi all, took my car in yesterday to get the bootlid and a couple of other bits painted. Had booked it in a week ago. I'm supposed to pick it up Friday. I'm fussy so I like to check on the car daily when it's being repaired. I go there this morning and the shop is closed. Very odd. I've called them during the day no response. As I'm at work, my wife goes past there in the afternoon to see what's happening. The boss and a couple of workers were there, as well as 2 guys in suits (liquidators). My wife asked what is going on and that I had been worried. They explained that the 2 guys were liquidators but that everything is sorted out. My wife asked whether my car would be ready on Friday as planned. The boss said yes. He was with the liquidators at this point and they didn't raise any objection.

What I want to know is, if the place does go into liquidation, what happens to my car? I'm really stressing at the moment. The car is primed, just needs painting which happens tomorrow and ready on Friday. What should I do?

[AU Mont]

im no laywer but it would defy belief if liquidators could take whatever car happened to be on their property.

[block58]

The idea of liquidation is to turn any assets the business owns into cash quickly to meet their debts, they don't own your car so they can't sell it. Whether the job will get done or not is a different question all together.

[P6LTD351]

Originally Posted by block58

The idea of liquidation is to turn any assets the business owns into cash quickly to meet their debts, they don't own your car so they can't sell it. Whether the job will get done or not is a different question all together.

Cheers. I'm less concerned about the job getting done (as I haven't paid in advance for it). I'm more concerned with having access to my car if it does get shut down.

[Cheech]

Could be a voluntary liquidation. Eg two partners fighting and can't agree to
A buyout price. So liquidator sells assets to whichever director bids highest.
Not saying that's what this is. But not all liquidations are of the bad type.

[LG17]

It's your car, you own it - the liquidators can't take it.
All they can do is hold it until you have paid the bill.

[bingoTE50]

Car is yours ,they cannot touch it. They may underwrite current work to completion to collect the money from these jobs. I would get the Liquidators name and contact them for clarification.

[P6LTD351]

Originally Posted by bingoTE50

Car is yours ,they cannot touch it. They may underwrite current work to completion to collect the money from these jobs. I would get the Liquidators name and contact them for clarification.

Where do I get those details from? What happens if I turn up tomorrow morning and the shop is shut again, but for good this time, with my car inside?

Do they legally need to place a sign up advising of the liquidators?

Cheers for replies everyone BTW. Bit stressed ATM.

[mik]

would`nt it be administrators and not liquidators?

[Itsme]

Originally Posted by eb2monty

Where do I get those details from? What happens if I turn up tomorrow morning and the shop is shut again, but for good this time, with my car inside?

Do they legally need to place a sign up advising of the liquidators?

Cheers for replies everyone BTW. Bit stressed ATM.

If the liquidators take over and shut shop I'm sure they would contact you of the situation as you are the owner of the vehicle.

[FGII-XR6]

Originally Posted by eb2monty

Where do I get those details from? What happens if I turn up tomorrow morning and the shop is shut again, but for good this time, with my car inside?
.

legally the car is yours if they try to stop you picking it up just call the cops

[IDT]

Originally Posted by au3xr6

legally the car is yours if they try to stop you picking it up just call the cops

Correct, if you cant access the car simply call the police. Your property so they have no rights over it as long as you can prove you own it. I know others here will disagree but I am sure they cant even hold the car if you havent paid the bill either. Work done to it doesn't mean squat. It is yours end of story. All they can do legally is take you to court if you refuse to pay.

[bingoTE50]

They would be administrators ,I didn't want to correct the oP .
If you ring their number their may be a message. Try googling the panel shops name with the administrator tag. Or , call the Police.

[RAPID_BA]

PM sent..

I was a liquidator for over 5 years.

Liquidator/administrator appointed is not as scary as it seems. At this point consider they are into a new appointment not knowing anything about what the company owns or owes and are trying to sort it out. So the first step is to shut the gates and sort through each piece and assess each claim.

They might not have any idea who you are so best bet is to find out who the liquidators are and advise them the motor vehicle is your property. They will give you access to deal with your asset and wont sell it.

With regard to the work you are having done, if its an insurance job, they will assess if its commercially viable to keep the doors open to finish your job and then bank the funds from the insurer (having to pay wages, costs etc).

If its a private job and you paid a deposit, you would have almost no chance of seeing that. They will just return your car to you and have you line up with other creditors for a dividend (if payable)

Steps for you...

1. Find out who the liquidator is, if you cannot due to shop closed or no phones attended, you can contact ASIC or do a search of the company name which will advise who the administrator/Liquidator is. The Administrator/Liquidator also has to advertise their appointment in the local gazette/newspaper.

2. Write to the liquidator and state what property you have in the shop, show some proof and state that you would like to collect it. They will work with you on this as they just want to realise the assets of the company not convert other peoples property.

3. Consider whether its a private or insurance job. If private, basically kiss your deposit goodbye and move on. Put it in writing to the liquidator you would like to collect your car and move to another shop. If an insurance job they might actually do the work to complete to bank the margin on the job (to pay their own fees)

[Peter B - CV8]

What HulkBA said. Try googling the smash repairers name - you might find a recent recent listing with the liquidators details.

[P6LTD351]

An update. So I go there in the morning; shop is closed. I was getting really angry/worried. Went back home to get ready for work. In the meantime, I keep calling the shop as I thought they may come in late. Eventually someone answers the phone with a normal greeting of the business name (as if it's operating). They were, in fact, the liquidators (this is what he said himself). At this point I told him that I was very stressed and that I would be making arrangements to leave work to collect the car. He said that I couldn't do that today because he didn't know what state of repair the car was in. I said that it was only the bootlid that needed painting so I will collect regardless of whether it's been completed. I said that my concern now was not the job getting done, but the collection of my car. Anyway, he said that he will get back to me but couldn't guarantee that I could collect the car before the weekend. I said if that's the case, I will call the police tomorrow.

Where do I stand now? Will the police do anything for me?

[AU Mont]

go down there have a look for yourself how much work has been completed, then wing it from there. You obviously have to pay for work completed.

if stuff all has been done, then cause a big commotion if you have to, and stop short of wrestling the keys out of their hands.

then if you still dont have the car, then go to the police and get them to act.

these are only my thoughts and things i would do in no certain order, most will agree its not the best way to tackle it.......... unless it was their car !!

[P6LTD351]

Originally Posted by AU Mont

go down there have a look for yourself how much work has been completed, then wing it from there. You obviously have to pay for work completed.

if stuff all has been done, then cause a big commotion if you have to, and stop short of wrestling the keys out of their hands.

then if you still dont have the car, then go to the police and get them to act.

these are only my thoughts and things i would do in no certain order, most will agree its not the best way to tackle it.......... unless it was their car !!

Trouble is that the shop is closed. The liquidator informed me it will not be open tomorrow. What if the liquidator won't give me access tomorrow? Will the police help me?

[P6LTD351]

Originally Posted by bingoTE50

They would be administrators ,I didn't want to correct the oP .
If you ring their number their may be a message. Try googling the panel shops name with the administrator tag. Or , call the Police.

Definitely showing on the net that there was an Appointment of Liquidator.

[LG17]

Phone the Liquidator first thing in the morning and ask to retrieve your car.
Make an appointment with them and don't be late.
As someone else said, make sure you take proof of ownership with you.

[P6LTD351]

Originally Posted by LG17

Phone the Liquidator first thing in the morning and ask to retrieve your car.
Make an appointment with them and don't be late.
As someone else said, make sure you take proof of ownership with you.

Yes, but what if they say they can't give me access tomorrow. What are my rights?

[FGII-XR6]

call the cops and tell them they are denying you access to your car and that the original pick up was to be on friday. tell them you need the car and want them to force the liquidators to release you property

[Hulsty]

Cordless angle grinder should be enough to access your car

[Kryton]

Some of you need to step away from the keyboard and have a reality check.
The Police cant do anything.
Youve been told what to do by someone that was in the industry, youve been told what to do by the liquidators themselves.
You need to follow due process or you will find yourself dealing with the Police - and they wont be there acting on your behalf.

[GTpilot]

Make sure when you go, take the spare keys.
save the old excuse that they cannot find them when you are there, At the least you can still take your car.

[xisled]

The police will not do anything.

The police will say it is a civil matter, IT IS NOT THEFT.

As other have said, you have been told how to get your car back.

The liquidator will have no idea who owns what car, the person there may not even know what a falcon is. Do not stress, you will be without a car for a few days, but you will get it back.

[FGII-XR6]

police can and will do something if pressed unlawfully holding a persons vehicle is actually theft . many cops will take the lazy route and try to get you you to do it civily . once you tell them you you are the legal owner they are legally compelled to give you access to your property immediatly if you can provide proof of ownership.
do not use the pearl of wisdom above (cordless angle grinder) as you will be guilty of break and enter even if you own the property you take.

Originally Posted by xisled

The police will not do anything.

The police will say it is a civil matter, IT IS NOT THEFT.

As other have said, you have been told how to get your car back.

The liquidator will have no idea who owns what car, the person there may not even know what a falcon is. Do not stress, you will be without a car for a few days, but you will get it back.

Originally Posted by Kryton

Some of you need to step away from the keyboard and have a reality check.
The Police cant do anything.
Youve been told what to do by someone that was in the industry, youve been told what to do by the liquidators themselves.
You need to follow due process or you will find yourself dealing with the Police - and they wont be there acting on your behalf.

[xisled]

Originally Posted by au3xr6

police can and will do something if pressed unlawfully holding a persons vehicle is actually theft . many cops will take the lazy route and try to get you you to do it civily . once you tell them you you are the legal owner they are legally compelled to give you access to your property immediatly if you can provide proof of ownership.
do not use the pearl of wisdom above (cordless angle grinder) as you will be guilty of break and enter even if you own the property you take.

What will the police do, go knock on the closed panels beaters door.

The police can not do anything.

[saber]

Originally Posted by Kryton

Some of you need to step away from the keyboard and have a reality check.
The Police cant do anything.
Youve been told what to do by someone that was in the industry, youve been told what to do by the liquidators themselves.
You need to follow due process or you will find yourself dealing with the Police - and they wont be there acting on your behalf.

+1

In these situations, you have to think with your head, and not act on impulses from the heart.

Hulk BA advise is excellent. I’d strongly urge to follow Hulk BA advice to the T.
The administrator will not sell your car. As there has been work done to the car, you and the administrator will need to work out how much work has been done and the cost to complete these works, and further works which need to be completed with a cost associated with these further works.

Only then will you be able to come to some sort of resolution.

Calling the cops, or trying to retrieve your car with force only infuriates the situation, which will land you in hot water.
Really, it is worth gaining a black mark on your name?

[P6LTD351]

Update time. I have my car back today!

Thanks for the advice everyone.

And to address some points:

- Of course I wouldn't entertain breaking in.

- I called the police last night and they WERE prepared to assist me. They were even prepared to go with me to the liquidator's head office if they refused to send someone to release the car today on the basis that the original contract with the crash repairer was to have the car ready for pick up on Friday.

I called the liquidator up this morning. After a fairly 'intense' discussion and me informing them of the above, they agreed to release the car and arranged a time.

Unfortunately, it was only until I informed them of my rights and that the police would assist me did they take me seriously.

In the end, I'm just glad this experience is over and with a happy ending.