Garage woes

[dorset77]

Long story but in short
Car taken to repair mechanic ( LTD Company ) called XXYY here.
XXYY LTD company goes under ,now in strike off mode at company house
Managed to get car back minus loads of parts
Located one part cylinder head at another workshop
Tried to get head back and had reply below
Yes garage XXYY has messed a lot of lives up.
How do I get my head back from these people , it is obvious XXYY is not going to pay them and they will not
deal with me .
The other parts of the engine have been damaged while with XXYY so I just
want to get a recon unit but I need all the bits for exchange unit.
Unable now to find company XXYY, director resigned , registered office no longer acting for them .
Any ideas please

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Good morning,
I have taken advice on what is happening with your mini engine.
I have been told that the contract, which still exists, is between ourselves and XXYY.
Considering our claim through the courts is still not finalised, this contract is still ongoing
which means we cannot deal with yourself over any of it.
We fully understand your frustration, but we are not in any position to go any further and give you any
of the components.
We apologise for this, but as you are aware XXYY are the ones who are rocking the boat in all directions.
Until our case is resolved we can no longer give any information, or components to you.
We will be in touch as soon as it is resolved our end.

[des8]

Have you objected to the strike off application? https://www.gov.uk/object-to-a-limit...ing-struck-off

[dorset77]

Have you objected to the strike off application? https://www.gov.uk/object-to-a-limit...ing-struck-off

Yes , as I am trying to take legal action against the company . XXYY as there are other expensive parts missing

[des8]

So other than trying to recover your missing parts () there is little you can do.
If the parts can be located you might have some success, but if you are looking for financial compensation do you think the company actually has any assets?

I'm wondering if you could make a claim for return of your head against the engineers who are in possession of it
It was passed to them to work on, so they have possession but not ownership.
Presumably your garage now owe them money for that work, and they are retaining the head until paid (they possibly have a lien on the head)
Are they not prepared to allow you to pay?
As it is your property and you are not party to their contract with your garage, I wonder if you could obtain a court order for its return.
Tagging R0b for another's view

[dorset77]

So other than trying to recover your missing parts () there is little you can do.
If the parts can be located you might have some success, but if you are looking for financial compensation do you think the company actually has any assets?

I'm wondering if you could make a claim for return of your head against the engineers who are in possession of it
It was passed to them to work on, so they have possession but not ownership.
Presumably your garage now owe them money for that work, and they are retaining the head until paid (they possibly have a lien on the head)
Are they not prepared to allow you to pay?
As it is your property and you are not party to their contract with your garage, I wonder if you could obtain a court order for its return.
Tagging R0b for another's view

Thanks for the input , the issue seems to be that a number of heads where sent for repair , mine is only one , I think they are chasing for a number of repairs. I am sure company has assets eg ramps , car diag tools , tyre fitting stuff etc . But they have formed another LTD company
and started up again . And equipment vanished

[echat11]

Have you contacted Trading Standards? (through Citizens Advice Bureau)

[dorset77]

Have you contacted Trading Standards? (through Citizens Advice Bureau)

Yes and followed advice to the letter have all ref numbers and copies of chats the CAB have passed all info the TS

[echat11]

What value has the missing parts?

[dorset77]

What value has the missing parts?

At the moment around 2k , but I have no idea what the company who have the head has. Was it stripped before they had it
or was it sent to them complete , worst case is 4 x injectors , 2 cams bearings , carriers , sprockets for cams . If they have all the bits then great but
if bits are lost its another 1k

[des8]

Thanks for the input , the issue seems to be that a number of heads where sent for repair , mine is only one , I think they are chasing for a number of repairs. I am sure company has assets eg ramps , car diag tools , tyre fitting stuff etc . But they have formed another LTD company
and started up again . And equipment vanished

Wouldn't count on those items belonging to the limited company.
The more expensive items could be leased/on hire purchase; the hand tools owned privately by the mechanics and anything left will attain low prices at an auction.

Get the feeling these guys might have done this before.

[echat11]

I'm taking it that you hadn't paid any kind of deposit with a Debit Card / Credit Card for the work, when they went 'under'?

[dorset77]

Wouldn't count on those items belonging to the limited company.
The more expensive items could be leased/on hire purchase; the hand tools owned privately by the mechanics and anything left will attain low prices at an auction.

Get the feeling these guys might have done this before.

Thaks for inpout You are correct there was another company , but they where silly enough not to change mobile phone number , so when google is used the other company ( that came and went ) is very visible

[dorset77]

I'm taking it that you hadn't paid any kind of deposit with a Debit Card / Credit Card for the work, when they went 'under'?

Thanks for reply . When I first had feelings things where going pear shaped I asked for a chargeback for deposit , it was returned to me . . The speed it was actioned was very quick , no fights no questions.

[echat11]

I'm fairly sure the Government said they were 'cracking down' on companies with this sort of setup -

https://www.gov.uk/complain-company

[dorset77]

I'm fairly sure the Government said they were 'cracking down' on companies with this sort of setup -

https://www.gov.uk/complain-company

Thanks , I have been in contact with them 5-6 weeks ago when the old company was abandoned and a new one started up. My own feelings are they are mainly admin to hold company information and have very few powers of investigation . It seems to me there are so many holes in the system it is easy to get around and come and go as needed . It seems so easy to start a company , milk it , abandon it , wait for compulsory strike off , and then start again . The Citizens advice people and Trading Standards gave me a lot of clues who to contact , links etc .