taken to the cleaners a while back...

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13

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  • Car_54
    Car_54 Posts: 8,213 Forumite
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    Len86 wrote: »
    in order to sell a car to someone you must have a log book

    Not true, though the purchaser would be foolish not to insist in it.
  • Len86
    Len86 Posts: 17 Forumite
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    Warwick_Hunt wrote: »
    So you expected the car to be stored for two years then.

    you are clearly having a laugh and mocking me. i'm not interested in continuing this with you, i came here for some legal advice you are clearing being childish.
  • Car_54
    Car_54 Posts: 8,213 Forumite
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    Len86 wrote: »
    he lied and took the vehicle back under false pretense, with an agreement in place to repair the car at his expense - he is not innocent in this. simple as. He no longer can claim that he had the right to charge me storage or sell the car on. You are missing the point clearly. And if he has sold the car then he would have applied for a logbook fraudulently.

    What happened to the original logbook? Did he complete and give you the green "new keeper" slip? Did you send that off and get a new V5C?

    You will be aware that the V5C is not proof of ownership. Do you have proof of ownership? Any written evidence of the agreement to repair?
  • Len86
    Len86 Posts: 17 Forumite
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    Car_54 wrote: »
    Not true, though the purchaser would be foolish not to insist in it.

    You missed the other part about consent. It is true a log book is only a registered keepers document however consent is needed from the legal owner before hand, written or verbal it doesn't matter.

    That would be like me popping over to your house for a cup of tea, snapping up a picture of your car and then selling it on gumtree without asking, its illegal.
  • Len86
    Len86 Posts: 17 Forumite
    edited 8 October 2017 at 12:53PM
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    Car_54 wrote: »
    What happened to the original logbook? Did he complete and give you the green "new keeper" slip? Did you send that off and get a new V5C?

    You will be aware that the V5C is not proof of ownership. Do you have proof of ownership? Any written evidence of the agreement to repair?

    Yes absolutely, log book was filled out and all paperwork is stored away safely, including all emails which he has signed off on many times before me sending the vehicle back clearly agreeing to all costs of transport and repairs. Even though I sent them to his solicitors, they played blind completely to contract law ignoring it completely.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
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    Len86 wrote: »
    you are clearly having a laugh and mocking me. i'm not interested in continuing this with you, i came here for some legal advice you are clearing being childish.

    Pay a solicitor then.
  • Len86
    Len86 Posts: 17 Forumite
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    Warwick_Hunt wrote: »
    Pay a solicitor then.

    Go away. other people are helping, thank you.
  • Warwick_Hunt
    Warwick_Hunt Posts: 1,179 Forumite
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    Len86 wrote: »
    You missed the other part about consent. It is true a log book is only a registered keepers document however consent is needed from the legal owner before hand, written or verbal it doesn't matter.

    That would be like me popping over to your house for a cup of tea, snapping up a picture of your car and then selling it on gumtree without asking, its illegal.

    No, it would be more like you dumping your car on his drive for two years and having given you notice he disposes of it.
  • Len86
    Len86 Posts: 17 Forumite
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    Any moderator that can step in here please?
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    You'll struggle to get anywhere from a criminal perspective. A bailee (as they were) can follow a set procedure then dispose of goods, they can then deduct their losses and return the remaining balance. That will be their argument.
    However this may not hold ground if it can be demonstrated they wrongfully withheld the goods and/or breached the contract.
    In this case you are arguing the goods was faulty, thus breached sales of goods act (as it was at the time), they dispute this claim.

    The police would see it as a civil matter.

    You'd need to go to court for a resolution if one cannot be reached now. You'd need to demonstrate your case that the vehicle did not comply with the contract (including terms iimposed by law at the time regarding their fitness for purpose and quality). A court would seek for you to demonstrate your case adequately, they would though I suspect seek to quantify their losses in the event the court sided with the seller as well as consider the evidence to the contrary the seller may offer.

    The time lapsed shouldn't be relevant in terms of the seller justifying their losses but may complicate things if any party argued their vehicle report was disposed off due to the time lapsed and I suspect witness statements would offer little value.

    You may or may not win but even if you don't win you may get an award if they didn't mitigate their losses and if they cannot justify the losses they are claiming you caused them.
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