My car is at a panel and paint shop in Lower Hutt. It's been there for over a week now I thought was getting repaired, just found out today that their gone into liquidation. The car is locked in there building. Can I get my car back or well the liquidators sell that along with the company's assets?
monaro17,
Aug 28, 6:54am
Get it out pronto!
dinx,
Aug 28, 6:55am
I would personally find out who the liquidators are urgently and contact them, but I don't know if thats the right or wrong way to go about it. If its an insurance job I'd be ringing them perhaps?
tony9,
Aug 28, 6:56am
You need to talk to a lawyer ASAP. A community Law centre or most lawyers will give you a 20 minute session for free.
kazbanz,
Aug 28, 6:59am
get it out of there
red97,
Aug 28, 7:08am
I imagine unless you changed the ownership over to them it should be a fairly straight forward exercise to get the car back, I wonder if it would be worth ringing the police as somebody is effectively unlawfully holding your property?
tony9,
Aug 28, 7:11am
May not be unlawful. If they have done work on it, and maybe including storage fees, then the liquidators will likely have an interest in it. Tradespeople are allowed to retain other people's goods in their possession until debts are resolved.
m16d,
Aug 28, 7:34am
Like they said. bolt cutters at 1am. It's yours, take it. Don't take nothing else but.
lookoutas,
Aug 28, 7:38am
Need more info.
Is it a private job or Insurance?
westwyn,
Aug 28, 7:59am
Generally it's simply a case of the liquidator establishing it is indeed your car, and releasing it to you upon proof. It might take a day or two- that's the worst part.
BUT- if they've already completed the job (or nearly finished it) then the liquidator has the right to require payment for the service performed, before they release it. If it's only half-done or in a state of disarray, then there is unlikely to be any demand.
The reason there's usually a no-asset-release period during a liquidation is because when the business closed down, likely every man and his dog will be queuing up to make a claim- the job of the liquidator is to establish who actually has the right to what, and until that is proven, simply rocking up and saying "it's mine" usually won't do. Think of it this way- it's as much to prevent someone else from turning up with a tow-truck, telling the liquidator it's their car, and simply taking it. Interestingly, as long as they're not being obstructive or obtuse, the liquidator has the law on their side, if you "remove" your property with boltcutters so to speak, you're likely to be charged with theft / breaking and entering.
In a previous life, I used to act for receivers and liquidators of companies, our first job was to walk in a step behind the person making the announcement to the staff, and physically secure all the assets- to prevent stuff from "walking out the door" as "they owe me payments" the minute they returned. And then, working with the receiver to establish ownership and title to goods on-site. Trust me- not a job that gained mates down the pub!
Is it a receivership, a liquidation or a voluntary liquidation?
mk3crazy,
Aug 28, 8:07am
Yeah I wish but not game enough.
serf407,
Aug 28, 8:09am
Is this another step towards the insurance company operated auto repair shops?
mk3crazy,
Aug 28, 8:11am
It's with State Insurance the other party's Insurance Company and they said if it is repaired they we'll pay for it.
treachug,
Aug 28, 10:15am
Just by some chance its not a panelshop in Queens Drive is it?
mk3crazy,
Aug 28, 11:49am
Yes it's the one in Queens Drive 144?
treachug,
Aug 28, 7:22pm
Thought as much after the interesting phone call I made to them the other day re an outstanding account. Now to break the bad news to the boss. at least you will get your car back. that's $1800 we have lost.
kazbanz,
Aug 28, 8:35pm
have you told your insurer whats going on?
jerichord,
Aug 28, 9:02pm
state insurance, now there is a problem on its own
mk3crazy,
Aug 28, 9:51pm
Regarding liquidation it hasn't shown up on the company's website yet but if it does I well let you know and if you want to look yourself you can go on www.companies.govt.nz The panel beater in question registration number which is 4521500 you type into the search bar at the top of the page or their company name which I think you already know and you well get all the information there.
I went down to the panel beater in question very early this morning and there was one guy there cleaning up and he was quite happy to hand over my car so you never know it might just work out ok for your boss. Cheers Parbhu
mk3crazy,
Aug 28, 10:00pm
Thanks everyone have got my car back now, the guy there who was cleaning up just open the door and said I can take it.
bjmh,
Aug 28, 10:05pm
wow good on you,saves a lot of grief.
mk3crazy,
Aug 28, 10:10pm
Thanks just can't do without a car need it for everyday things and the kids rely on transport too.
tgray,
Aug 28, 10:32pm
I would be down there at the premises with a few mates (one with a towbar, one with a toolbox), peering in the windows and weighing up my options!
treachug,
Aug 29, 2:22am
You did well, I have just rung them & no answer. Looks like we will be tracking down the liquidators next week to start (at least trying) to add to the list of creditors to get money back. Partstrader are involved on it as well (as it appears the new owner (of last 3 years) was still using the old owners login & name etc to request parts on Partstrader - they weren't happy with that!
lookoutas,
Aug 29, 5:08am
All good then. With the tight-arsed screws the Insurance Co's are using at the moment, it won't be the last shop to close down. They're probably quite relieved.
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