Injunction Question

[browntrout]

Mr Smith died late last year and when he died had an expensive car in storage , there was no written agreement
By way of a will Mrs Smith has been left the car
The car storage firm are made aware of this (last week) and send a hugely inflated bill to Mrs Smith
On checking there was no written agreement with Mr Smith and the fees appear to have been inflated out of all proportion
there is also no lien on the goods in storage

Now to my mind Mrs Smith has no liability for such a bill and is the rightful owner of the car

My view is obtain an injunction against the car storage company ordering them to release the car to mrs smith (and in the meantime to not sell the car etc etc)

Am i right

[atticus]

Why do you say that no charges are payable?

Why do you say there is no lien?

You will see that I am not presently persuaded that you are right.

NB any charges are surely payable by Mr Smith's estate.

[islandgirl]

Is this perhaps a student question? Are there any previous bills to Mr Smith available so that the rate paid is known. I would suggest an offer to pay at that rate from the estate and remove the car.

[R0b]

If the car belongs to Mr Smith then the car is asset as part of Mr Smith’s estate and it would be the estate that has to bring proceedings against the storage company, Unless you can prove that ownership of the car belongs to Mrs Smith in which case any proceedings by a should be taken in her name.

As for the inflation of fees, if there is no verbal or written agreement that doesn’t mean the estate of Mr Smith or Mrs Smith has a right to the vehicles return. I would expect the fees to be chargeable on a quantum meruit ok basis - that is reasonable charges based on what a similar company might charge in the area.