Help! Garage have sold my car without my consent!

Jay_Tee

Anihilator wrote: »

Without this there is no theft

The Theft Act 1968 says

"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"

Which part of this do you feel doesn't apply to the Garage in the OP's original post?

Jay_Tee

Anihilator wrote: »

Accidentally selling a car with no intent to deprive the OP is not theft.

QUOTE]

This line of argument is really just clutching at straws "Accidently selling" right that's just so easy to happen isn't it?????????

Anihilator

Jay_Tee wrote: »

Perhaps you could indicate which law would be broken?

Telling a court, the police or anyone for that fact information you know to be wrong (i.e there was nothing wrong with the car ) in order to gain a financial advantage would count as fraud.

Also likely to find yourself on charges for wasting police time, perjery etc if it goes that far :rolleyes:

Anihilator

Jay_Tee wrote: »

The Theft Act 1968 says

"A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"

Which part of this do you feel doesn't apply to the Garage in the OP's original post?

The dishonestly.

I don't see any evidence of the dishonest intention.

The situation seems to be they genuinely thought the car was best scrapped and this is what the OP would want.

The police have to prove beyond reasonable doubt.

Jay_Tee

Anihilator wrote: »

Telling a court, the police or anyone for that fact information you know to be wrong (i.e there was nothing wrong with the car ) in order to gain a financial advantage would count as fraud.

Also likely to find yourself on charges for wasting police time, perjery etc if it goes that far :rolleyes:

Nobody in this thread has suggested doing this. What has been indicated is some doubt about the truth and veracity of the Garage's statement that the engine was unrepairable given subsequent events.

Anihilator

Jay_Tee wrote: »

Nobody in this thread has suggested doing this. What has been indicated is some doubt about the truth and veracity of the Garage's statement that the engine was unrepairable given subsequent events.

Bull any doubt is made up.

Why exactly would the OP if they had any doubt not have gotten a 2nd opinion.:rolleyes:

Jay_Tee

Anihilator wrote: »

I don't see any evidence of the dishonest intention.

The situation seems to be they genuinely thought the car was best scrapped and this is what the OP would want.

Without even contacting the OP oh right, do you also belive in fairies at the bottom of the garden as well?

Well that's wasted enough of my morning!

Anihilator

Jay_Tee wrote: »

Without even contacting the OP oh right, do you also belive in fairies at the bottom of the garden as well?

Well that's wasted enough of my morning!

But the OP seems to have given the garage free rein. If she was so bothered should have kept in contact.

Have the garage cocked up? Yes. Do I think there is any chance of criminal action against them ? No

LilacPixie

Right let me get this right. Car is towed to garage in June, garage says new engine is needed. Garage owners says he will source one for op. A month goes by, its now july OP finds engine on Ebay and calls mechanic. Mechanic tells her not to bother with ebay engine as you don't know what your getting, fair enough I guess. Also in July garage sells car to his scrappy mate.
September OP calls gargae again as its all quiet. Mechanic advises her to canel insurance, register car as SORN etc as the garages insurance will cover it. At this point the Garage had already sold on the car.

I find this to be more than an error and totally dishonest.

The scrappy bloke says he has known the mechanic/garage bloke to over 40 years and they are close friends. Why did Mechanic/garage bloke not get his scrappy mate to source an engine as he told the OP he was going to?? I think there is more to this than a !!!! up.

Anihilator

LilacPixie wrote: »

Right let me get this right. Car is towed to garage in June, garage says new engine is needed. Garage owners says he will source one for op. A month goes by, its now july OP finds engine on Ebay and calls mechanic. Mechanic tells her not to bother with ebay engine as you don't know what your getting, fair enough I guess. Also in July garage sells car to his scrappy mate.
September OP calls gargae again as its all quiet. Mechanic advises her to canel insurance, register car as SORN etc as the garages insurance will cover it. At this point the Garage had already sold on the car.

I find this to be more than an error and totally dishonest.

The scrappy bloke says he has known the mechanic/garage bloke to over 40 years and they are close friends. Why did Mechanic/garage bloke not get his scrappy mate to source an engine as he told the OP he was going to?? I think there is more to this than a !!!! up.

If its a small sole owner garage you may have a point.

If its a larger multi mechanic garage quite easy that someone else there did it without the mechanic dealing with the OP knowing.

Also the dishonesty has to relate to the actual sale. Telling a few porkies after about it may make it easier to prove theft but doesnt on its own make it theft.