Council repossessed building with SD's car inside, they are being so obstructive-help

[peter p]

The Council repossessed a commercial unit from a Ltd company in mid December.
Inside the unit is a E-Type Jaguar that was supposedly being restored by the company since 2020. In mid January 2026 a friend told me the unit had been boarded up & my investigation led me to the council who, despite being told the car belonged to my SD never made contact with her about her property inside.

They now want proof that it is now her car by inheritance, the car was nothing more than an empty body shell with boxes of parts and of little value as it stood at the time of her fathers death.

Because of the minimum value it was never specifically mentioned in the probate application and was treated as "just part of his estate." Same as his tools, furniture, etc where. His whole estate was left to his daughter and no one else.

We have a receipt marked paid, for her father's purchase but nothing, besides his will, that the council have a copy off, to prove my SD is now the rightful owner of it by inheritance.

The car was imported from America and has satisfied HM Customs etc but cannot be registered by DVLA until it is complete and fit for the roads so it does not have a V5c. A V5c doesn't prove ownership anyway. The restorer was, once the car was complete, going to register it with DVLA.


When dealing with the council and in explaining why, I stupidly mentioned my SD suffered from anxiety when stressed and wasn't knowledgeable enough about cars and how to deal with such a situation. Hindsight tells me this was a stupid comment to make!!!
However............

After almost a month of email tennis with the council we have resolved a lot of the points that were irrelevant and obstructive obstacles, but. After threatening a "letter before action "..........

1) They have suddenly refused to accept her written authority for me to continue to act for her, they now want LPA's instead.

2) They want written confirmation from either a GP or Solicitor confirming that my SD has the ability to function and understand the situation because of what they see as "mental illness",?? its only heightened anxiety!!

3) And finally, a letter from the solicitor who handled her father's estate confirming that the dismantled car and associated bits were passed to my SD under the terms of her father's will.

We can deal with 1 & 2 but, 3 we may not be able to. Because the bodyshell and boxes of bits were of no major value (scrap value of about £200-500) at the time of her father's death. They were not specified in his will and were not included in probate. I therefore doubt that the Solicitor (who was also executor) could confirm something she wasn't aware of at the time.

So what can we do now?

The council are now giving deadlines for this to be sorted or they will sell the property.
A local solicitor estimates a minimum cost of around £3,000 and several days work, because litigation is "complicated."

[atticus]

Re 3, have you actually asked the solicitor?

[peter p]

Re 3, have you actually asked the solicitor?

Yes by email today, I did leave messages for her last week and heard nothing. So still waiting for a reply.

At the time of his passing it was just lumped in with the rest of his "estate". So I dont think she will be able to refer to it specifically unless he mentioned it when she did his will a few month before he passed.

[atticus]

Ask them to extend the deadline, reminding them of the adverse consequences if they are found too have disposed of property that they have been told belong to SD (whatever that is).

SD can bring a claim against the council for return of her property under s3 Torts (Interference with Goods) Act 1977

[peter p]

Ask them to extend the deadline, reminding them of the adverse consequences if they are found too have disposed of property that they have been told belong to SD (whatever that is).

SD can bring a claim against the council for return of her property under s3 Torts (Interference with Goods) Act 1977

Thank youfor that, I will do it straight away.
SD is my shorthand for step daughter.

[peter p]

Can someone clarify something for me please.
We have proof of ownership of this car with a paid in full reciept made out to my SD's father, so therefore it was his.

Her father then left his "whole estate" to his daughter in a bona fide will done by a solicitor. The car was not mentioned specifically.

Am I right in saying that the will legally makes her the owner of the dismantled car?

I ask this because the council's solicitor, even with a copy of the will wants proof that my SD is now the owner by inheritance and we have no way of doing this.
We can only hope her father's solicitor can provide information, if not the council will auction her property on the 27th.

[PallasAthena]

Who was the Executor named in the grant of Probate?

[atticus]

Has ownership of the car been formally passed to SD by her late father's executor? Has this been documented?

[peter p]

Who was the Executor named in the grant of Probate?

It was the solicitor who did his will.

[peter p]

Has ownership of the car been formally passed to SD by her late father's executor? Has this been documented?

None of his cars were specified in his will but, all his registered cars were listed, with values, for probate.
This particular one wasn't, it wasn't registered with DVLA having been previously imported prior to being purchased by her father (not from the importer).
At the time of import it had been partly dismantled and at the time of his death, completely dismantled. It was nothing more that a rusty body shell with everything removed and of little value as it stood, hence, rightly or wrongly it was never specificaly mentioned in his will or included in probate due to it's minimum value.

I cant be sure but I don't think his SD even knew about the car until I mentioned it.

[PallasAthena]

I don't understand why the council are making this as difficult as they appear to be doing. Litigation should not be necessary.

It seems to me to be straightforward:

1. There is an invoice evidencing that SD's father owned the car body shell etc. It appears no-one is disputing that the invoice relates to the contents of the unit and the council have this document, yes?
2. The grant of Probate and attached Will confirm that everything SD's father owned was left to SD. The council have this doument too, yes? It is irrelevant whether the car was mentioned in the Will or in the Probate application. It didn't need to be if it was only worth £200 - £500.
3. The solicitor as Executor became legal owner of the car etc as evidenced by Probate and can write a letter confirming they have transferred ownership to SD under the terms of the Will. Has this been done? It's hard to believe that the council would refuse to accept the solicitor's statement to that effect. The solicitor knows it was part of the Estate assets because they presumably have the purchase invoice.
4. If the council still refuse to accept SD's ownership ask them what documentation they would find acceptable?
5. Make a formal complaint to the council using the procedure on their website.

The blockage here seems to be be what atticus asked in Post #8, which is my point 3 above, getting the solicitor/Executor to confirm in writing that they transferred ownership of all SD's father's assets to SD. They shouldn't charge much to write that letter. You seem to have assumed they can't/won't write it but have you asked them? [EDIT I missed that you had answered this in Post #3 above, you'd asked but had no reply. Have you had a reply yet? If not have you chased?]

As a matter of interest does your SD actually want the car parts? If she just wants to get them sold and have the money you might not worry too much about the council selling at auction and then for any subsequent legal claim you have to bring you'll just be wanting the council to account to SD for the auction proceeds. Otherwise where is SD going to remove it to and store it?

Ignore the council's messing around with whether they will speak to you. Deal with the council in writing then you draft it all in SD's name and SD can sign it.

[peter p]

PallasAthena Neiether do I, they have been extremely obstructive. Wanted to kow who the importer was, proof that the seller owned it and that he had the right to sell it. I told them that was all irelevant, the proof of ownership reciept was ALL they needed.
Answer to your points.
1. They seem to have accepted the invoice/reciept now and yes they have a copy.
2. They have the will and the probate reference number, I can't get a copy of any probate documents, but I have the "grant of probate" document for the solicitor giving the value of the estate etc.
3. I have contacted the solicitor (executor) 3/4 times she has promised to get round to looking at this but she is very busy (100 + emails a day ???). The council has asked for a letter from her.
4. Council have asked for 2 things, letter from solicitor (as 3 above) and a note eiher from her GP or a solicitor confirming she is capable, because of her hightened anxiety issue that I stupidly metioned earlier, to handle her own affairs. She is seeing GP on his return to work next week.
5. I am considering this. I have had email conversations with the council leader (who we knew socially some time ago). He has passed it onto the Assistant Director Assets & Environment
Place, Economy & Environment Directorate who seems not to want to tread on their solicitor's toes. Their solicitor uses their chrsitian name as Shez and I do not know if they are male or female. I have researched the name online and cannot find them on any solicitor register, either, despite them signing as a "solicitor".

Re solicitors/executor letter, see 3. above

SD's father had owned several E Types and wrongly IMO saw this wreck as an investment opurtunuity. He paid £50,000 for it and paid a further £80,000 to a restorer who in 6 years has done very little. At the time of his death it had been stripped out completely and the body was undergoing restoration. Now a painted bodyshell and a few minor parts refitted. The engine is rebuilt as is the rear axle but are not fitted, these parts can be identified by numbers. However all the hundreds of other parts that belong to it are in the building somewhere and we still don't know if the council will release them, if we can find them.
I have photographs of some of the parts sent by the then restorer that may help with this.

I cannot persuade my SD to walk away, the car was going to be her father's pride & joy and she has a massive emotional attachment to it. We have a local contact who will collect the car with specialist transport for about £1,000 he will also store it for a small fee and will see what he can do to rebuild it as he is a specialist restorer but has said it will be costly to do so without a lot of the bits.
From my position I want to get the car and as many bits as possible out of the building and then withdraw from the situation (at 75 dont need all this hassle). SD knows and trust the person who will collect it so she will be in good trustworthy hands and maybe she will accept his advice and get what she can for it.

The current restorer is a Ltd company and his online accounts show very little revenue so no chance of recovering anything from him

[peter p]

Up date.....
GP has provided confirmation of SD's ability and a letter from the executor/solicitor is on its way. The solicitor also confirmed SD ability to handle the situation and the transfer of ownership of the car to her.

Both parties expressed their disapproval of the council's mental health questioning.


The council's contact signs themselves as a solicitor, we have doubts about this for many reasons. They are also not shown on the council website's as being a member of their legal team, creating more doubt
Am I right that if they are a qualified solicitor they will be registered with the Law Society and if so can I ask the individual for their registration details?

[PallasAthena]

The list of registered solicitors is publicly available on the Solicitors Regulation Authority website

SRA | Solicitors Register | Solicitors Regulation Authority

[peter p]

[QUOTE=PallasAthena;n1716195]The list of registered solicitors is publicly available on the Solicitors Regulation Authority website

SRA | Solicitors Register | Solicitors Regulation Authority[/QUOTE

Interesting I cannot find them listed under any combination of the name on the emails we have.