Help! Garage have sold my car without my consent!

goosemc

Thanks for all the replies.

This is a bit of an update. After the 4th attempt with the police I was finally given a proper "crime number". I have used this to inform the DVLA of the cars stolen status and they are freezing the V5 application for the time being.
The police are investigating but I have heard nothing more yet, and presume they will probably drop it, but at least I have a chance this time. Phonecalls were ignored, so I actually went to the police station this time (with all my documents).

I called the scrapyard again today who informed me the police had been in touch and that he was sorry about all of this and he always always asks for a V5 before scrapping or re-selling a car, but in this case he did not because the garageman is also a personal friend of his for the last 40 years - seems he trusted him too!

I know it seems crazy to you guys for someone to wait months for an engine, but I really trusted this garage guy and he promised me he was searching hard for a good value good engine. HE was the one who warned me it would/could take months No mention of costs or storage costs was ever made - he normally repairs ALL our workstaff's cars for free, as my ex-boss does stuff for him too apparantly. Whether or not he sold this car in malice or in ignorance is irrelevant. He had ALL my contact numbers - he should have informed me of his plans. I mean sheesh - he could at the very LEAST have kept my belongings. For example, I now have a TomTom with no charge cable because it was in my car.

To answer another question - what do I want from this...
well either of two things really - either my car back or financial compensation for the loss of my car.
If I got my car back and it still had no engine, I could have a new engine fitted, tax/mot/insure and part exchange it under the government scrappage scheme and still not be out of pocket for the engine/tax/mot. Or even, to be honest, if the car was now at a trustworthy garage and i got a new engine I may even start using it again.

This car was sold without my consent, someone now has it with a new engine in it. After doing some reasearch doesn't section 3 of the theft act 1968 cover this?

3. ‘Appropriates’

(1) Any assumption by a person of the rights of an owner amounts to an appropriation,
and this includes, where he has come by the property (innocently or not) without stealing it,
any later assumption of a right to it by keeping or dealing with it as owner.
(2) Where property or a right or interest in property is or purports to be transferred for
value to a person acting in good faith, no later assumption by him of rights which he
believed himself to be acquiring shall, by reason of any defect in the transferor’s title,

amount to theft of the property.

At the end of the day, naive I may be, but that car is still my property and the garage surely can't prove otherwise?


edit -
Also - can't I just be given my car back? What right does the "new owner" have that I don't? why should they keep my car while this is being decided?
They have a receipt from the scrap yard for a vehicle that didn't belong to them to sell.
I have every document relating to that car since its birth and I am still the registered keeper and, hopefully, by law the legal owner?

robredz

Some garages have notices regarding vehicles left for repair, that if they are not collected within a reasonable time stated say 3 months, then the garage will sell them to recoup costs. here nothing has been done and I think someone at the garage messed up, and scrapped an "old banger" without checking with the owner. Or they knew the scrappy had an engine and customer waiting. If the vehicle was to be scrapped the DVLA would have to have been informed by the owner, or the scrapyard. If they really want the car back the OP should lodge an objection ith the DVLA and as lisyloo points out there is potentially little financial loss, the scrappy and garage are threatened with legal action initially to see if they will sort it. The OP imho, should have kept tabs on the garage and checked with them more regularly. A Tigra is now a collectors car to some so may have had an enhanced value to some punters vis the handy new purchaser. As for Anihilators comments regarding dishonesty and theft, to be completely in the clear the garage SHOULD have contacted the OP regarding the car and their intention before disposing of it out of hand.

Anihilator

Why dont you approach the mechanic/scrappie.

Advise them you have a grand to spend. Whats the best car they can get you for that money. If its a good enough deal tell them you will overlook the Tigra problems.

goosemc

Anihilator wrote: »

Why dont you approach the mechanic/scrappie.

Advise them you have a grand to spend. Whats the best car they can get you for that money. If its a good enough deal tell them you will overlook the Tigra problems.

And in the meantime My Tigra is being driven by someone else, while I am still the legal owner of the car?

Plus - I wouldn't buy from either this garage or the scrapyard after all of this - who knows who the car I bought might belong to!?!!

Poppy9

So do you want your car back with or without a new engine in it?

If you want it back with the new engine in it then I'm guessing they will name their price to make sure they don't suffer any financial loss and maybe even profit from you.

If they give it back with no engine then you will have to pay to recover it to your home and if you do not have off street parking will have to tax it and insure it. If you want it on the road then you need to source a new engine, pay to have it fitted etc. All this is going to eat into the 2k scrappage allowance if you want to use it against a new car.

Anihilator

goosemc wrote: »

And in the meantime My Tigra is being driven by someone else, while I am still the legal owner of the car?

Plus - I wouldn't buy from either this garage or the scrapyard after all of this - who knows who the car I bought might belong to!?!!

No obviously you would transfer ownership

Oh come on being dramatic. It was a !!!! up. You need to realise this and be open to solutions. No one is going to be convicted of a crime, you wont get your car back likely and if you do you will be expected to pay for it etc

The fact is they probably could quite easily justify charging you a £1000 plus for the car back in repairs etc.

Why dont you make life easy for everyone and accept a new car possibly paying a bit less than its worth as this should suit everyone.

I dont for a second think your getting the car back.

In all likiehood the scrapyard and the new owner will be seen as irrelevent as they dealt in good faith. Instead you will need to pursue the original garage in small claims and the formula used will be Car post repair value + Possessions - repair cost = Peanuts.

Zazen999

Anihilator wrote: »

Why dont you approach the mechanic/scrappie.

Advise them you have a grand to spend. Whats the best car they can get you for that money. If its a good enough deal tell them you will overlook the Tigra problems.

You know your problem; far too logical.

OP - I'd suggest this approach; you've got to think win-win and it might have cost you more to get the engine and get it fitted.

robredz

Anihilator wrote: »

Why dont you approach the mechanic/scrappie.

Advise them you have a grand to spend. Whats the best car they can get you for that money. If its a good enough deal tell them you will overlook the Tigra problems.

Why should the op offer a grand? morally and ethically, the perps should get the car back and give it back to the OP gratis, for p***ing them about. They should at least ask the *new* owner for the personal effects in the car if they haven't binned them. Phone the DVLA again and ask if they have issued a tax disc, as you have the vehicle on SORN. No V5 usually means no tax disc can be issued, but it can on the tear off transfer of ownership slip. I think that the way the new keeper is asking for the V5 is the same process that will be used to re-tax a repod car.
Then again offer £250 for the car back with the new engine and you will call the old bill off. Worth a go maybe.

Anihilator

Why exactly should the garage/scrappie/new owner all end out of pocket just so the OP profits.

You seem to be ignoring the fact the OP had a worthless Tigra that would probably cost the best part of a grand to put back on the road.

Its not like a perfectly roadworthy car was given away.

goosemc

Anihilator wrote: »

No obviously you would transfer ownership

Oh come on being dramatic. It was a !!!! up. You need to realise this and be open to solutions. No one is going to be convicted of a crime, you wont get your car back likely and if you do you will be expected to pay for it etc

The fact is they probably could quite easily justify charging you a £1000 plus for the car back in repairs etc.

Why dont you make life easy for everyone and accept a new car possibly paying a bit less than its worth as this should suit everyone.

I dont for a second think your getting the car back.

In all likiehood the scrapyard and the new owner will be seen as irrelevent as they dealt in good faith. Instead you will need to pursue the original garage in small claims and the formula used will be Car post repair value + Possessions - repair cost = Peanuts.

I'm being dramatic.. that they sold my car - twice - without the legal owners permission? Hmm I don't think so.
Nobody being convicted of a crime? - what about theft, handling stolen goods, receiving stolen goods? I'm not sure I follow about no crime being commited?
Why shouldn't I get my car back? Its still legally my car.
What you're saying is that its ok that while your car is at the garage for major repairs, you're on holiday for, say, a month, I could go to the garage, buy your car without your permission, transfer the V5 into my name, do some repairs on it and its now legally mine? I don't think so.

robredz wrote: »

Why should the op offer a grand? morally and ethically, the perps should get the car back and give it back to the OP gratis, for p***ing them about. They should at least ask the *new* owner for the personal effects in the car if they haven't binned them. Phone the DVLA again and ask if they have issued a tax disc, as you have the vehicle on SORN. No V5 usually means no tax disc can be issued, but it can on the tear off transfer of ownership slip. I think that the way the new keeper is asking for the V5 is the same process that will be used to re-tax a repod car.
Then again offer £250 for the car back with the new engine and you will call the old bill off. Worth a go maybe.

Thanks for some good advice. I have gone onto the DVLA website, checked my cars reg and it is still under SORN.

I would love to make an offer for the engine to stay in my car, as thats all I wanted in the first place, but I don't know who has my car now.

I could talk this idea over with hubby though and see what he thinks about maybe contacting the scrapyard and offering this as an alternative to the police. (Hopefully before the police probably drop the case again!)
Then maybe the scrappy can contact the new owner, return the money he paid for the car to him and I could pay for the new engine and all is well.

I doubt it will be this easy though, I bet the "new owner" will want a massive amount for it - could be worth a try though.
Thanks - I will have a think.