Help! Garage have sold my car without my consent!

iwanttosave_2

Anihilator wrote: »

Probably sitting in a yard for months. Mechanic knows its knackered and assumes owner has told them to keep the scrap in settlement of their bill.

Fairly common for garages to do this when they discover knackered engines in bangers.

So by definition it wasn't an accident then was it? It was an intentional act on the car garages behalf.

Anihilator

goosemc wrote: »

Hehe me neither!

I also still fail to see how Trollilator thinks I'd profit from having my own property back?

But then of course, I'm just being dramatic. I fully realise now that the unconsented sale of my car with no legal documents is a perfectly fair thing and I in fact should be happy.

Of course everyday people buy stolen goods in good faith and everyone is happy and everything is fine and they get to keep it while the owner is told to stop being dramatic.

I realise now how wrong I've been......


ps..
the garage had my work/home and mobile number. Perhaps a call would have been nice, to even, at the very least, retrieve my property from the car???!

So your quite happy to pay say a grand as that will be the full repair cost?

Anihilator

iwanttosave wrote: »

So by definition it wasn't an accident then was it? It was an intentional act on the car garages behalf.

It was an accident in that no one deliberately sold your car. They sold a car they believed was to be sold in my scenario.

robredz

@ Anihilator
The Garage should have informed the OP and given them the opportunity to remove the motor and yes the OP has the main argument with them, because they had no right to sell it in the face of no evidence of agreements or disposal to pay storage fees, and there is merit to your suggestion of finding out repair cost etc.

BUT the garage's actions are reprehensible and should at least try to get the car back. Then if all else fails offer the OP restitution and an agreement regarding sourcing a suitable replacement. The scrapyard admitted they were lax in not asking for the V5 so do share some guilt by omission even if it is of a tortious rather than criminal nature.

As to my neighbour, this is relevant as to the fact that putting another engine in an old Tigra is not as expensive or as complex as changing an engine in a newer car. with an engine from the scrapyard and an independent garage £500 should clear it.

robredz

Anihilator wrote: »

Probably sitting in a yard for months. Mechanic knows its knackered and assumes owner has told them to keep the scrap in settlement of their bill.

Fairly common for garages to do this when they discover knackered engines in bangers.

Not in this case as Op was told garage were actively looking for an engine, and Op was willing to pay for repair. Vehicle was put on Sorn in anticipation of repair and return to road.

peter_the_piper

May I suggest you keep written records of all that has gone on with a timeline. The new owner may be totting up parking etc tickets and you don't want to held responsible as the RK if you still are.

robredz

peter_the_piper wrote: »

May I suggest you keep written records of all that has gone on with a timeline. The new owner may be totting up parking etc tickets and you don't want to held responsible as the RK if you still are.

If car is on road or not where it is declared to be on SORN yes DVLA WILL try to fine the OP as they are a bungling inefficient juggernaut and it is the keepers responsibility under the law, so the OP should be mindful of this.

iwanttosave_2

Anihilator wrote: »

It was an accident in that no one deliberately sold your car. They sold a car they believed was to be sold in my scenario.

So then the mechanic would be able to prove he gave good notice of intent to the OP then?

What you're talking about is "Mechanics Lien". Torts Interference with Goods Act requires them to send the OP a letter by registered delivery.

http://www.contactlaw.co.uk/Lien-law.html

robredz

iwanttosave wrote: »

So then the mechanic would be able to prove he gave good notice of intent to the OP then?

What you're talking about is "Mechanics Lien". Torts Interference with Goods Act requires them to send the OP a letter by registered delivery.

http://www.contactlaw.co.uk/Lien-law.html

Thats what I was alluding to previously, thanks iwanttosave for posting the reference. As the OP had no notification, there is a possibility that there IS a tortious liability with the garage and the also the scrapyard due to their omission re; the V5. A T reg Tigra is possibly worth around a grand, so even if there is no criminality here the Op is owed restitution by them. What the result would be in court is anyones guess, but it would cost the garage and scrappy considerably more than a grand if they lost.

The troll is feeding nicely.

emmell

Surely it was wrong for the garage (whether it was their car or not) to sell the car without documents and so it was also wrong for the scrappy to then sell the car on again with no documents. The scrappy must know who purchased the car from him, unless he has sold it through the auctions in which case the eventual purchaser will be covered by indemnity if they have to give the car back. I would pursue the scrappy as he holds the answer to where the car is.
ML.