Help! Garage have sold my car without my consent!

200888

but surely for the garage to sell your veichle they would have needed your signature on the V5 to send to the DVLA, saying that you either authoriased the sale to the motor trade or to a new seller, maybe they forged a signature... it doesnt sound right that a car can be sold on without the current keepers consent... if they did forge a signatire then that is obviously breaking the law

to be honest i think you were a bit niaeve leaving your car there for all those months and letting them find an engine for you... think about it .... why would they use up space storing your car when they couldnt find an engine for months, it would lose them money taking up the space when they could be using it for other cars bringing them money in... i would have got them to tow the car to my house, let it sit on the drive UNTIL and engine was found and then got it towed to the garage when the engine was ready to be fitted

also, do you think the mechanic asking you to declare it as SORN meant it was easier to sell on? (did you declare it SORN in the end or not?) thats probably how they/the scrapyard claimed ownership as you declared it scrapped/off road, i have never done a SORN so im nto quite sure how it all works, these are just ideas for how it may have happened

and i assume you left your car key with them....... did that not send alarm bells ringing!!, i would never ever dream of leaving my car at a garage for months on end with the key in their posession when no work was being done on it, you might as well have left your car key on the roof of your car somewhere for anyone to help themsleves to....

im not trying to put you down, but im just saying how easy YOU made it for THEM to do what they done, you were taken for a ride, its a known fact that many garages pull fast ones (fixing things which arnt broken etc..) especially on older, female drivers as they seem to trust what the mechanic is telling them to do more than others and dont get a 2nd opinion off someone else or have any knowledge of how cars work (im not sexist its the truth - they are less likely to pull a fast one on a younger male driver that might know his stuff)

also did the engine actually need replacing, you said the cambelt was borken... did it just need a new cambelt? alarm bells would have started ringing for me on that also, plus did they gve you any money for the car for selling it? or have you got absolutely nothing from them? because that isnt right, if they sold it and gave you money thats a bit different but i assume they havent....

robredz

200888 wrote: »

but surely for the garage to sell your veichle they would have needed your signature on the V5 to send to the DVLA, saying that you either authoriased the sale to the motor trade or to a new seller, maybe they forged a signature... it doesnt sound right that a car can be sold on without the current keepers consent... if they did forge a signatire then that is obviously breaking the law

to be honest i think you were a bit niaeve leaving your car there for all those months and letting them find an engine for you... think about it .... why would they use up space storing your car when they couldnt find an engine for months, it would lose them money taking up the space when they could be using it for other cars bringing them money in... i would have got them to tow the car to my house, let it sit on the drive UNTIL and engine was found and then got it towed to the garage when the engine was ready to be fitted

also, do you think the mechanic asking you to declare it as SORN meant it was easier to sell on? (did you declare it SORN in the end or not?) thats probably how they/the scrapyard claimed ownership as you declared it scrapped/off road, i have never done a SORN so im nto quite sure how it all works, these are just ideas for how it may have happened

and i assume you left your car key with them....... did that not send alarm bells ringing!!, i would never ever dream of leaving my car at a garage for months on end with the key in their posession when no work was being done on it, you might as well have left your car key on the roof of your car somewhere for anyone to help themsleves to....

im not trying to put you down, but im just saying how easy YOU made it for THEM to do what they done, you were taken for a ride, its a known fact that many garages pull fast ones (fixing things which arnt broken etc..) especially on older, female drivers as they seem to trust what the mechanic is telling them to do more than others and dont get a 2nd opinion off someone else or have any knowledge of how cars work (im not sexist its the truth - they are less likely to pull a fast one on a younger male driver that might know his stuff)

also did the engine actually need replacing, you said the cambelt was borken... did it just need a new cambelt? alarm bells would have started ringing for me on that also, plus did they gve you any money for the car for selling it? or have you got absolutely nothing from them? because that isnt right, if they sold it and gave you money thats a bit different but i assume they havent....

There is a proceedure that can be used to gain a V5 without the "old" one, used when repo cars are auctioned off it is a form V62

which the "new" owner sends to DVLA I don't know wha t checks are done by DVLA to ensure vehicle is not stolen but there is a discussion here:

http://forum.evotechnik.net/archive/index.php/t-12251.html

And the DVLA here:

http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_4017825

Problem is OP trusted the garage and was shafted. Declaring SORN is not allowing someone to claim ownership it stops the DVLA fining the keeper for an untaxed vehicle whilst it is off the road, it is immaterial as to whether it is at the owners address or in a garage awaiting repair, ownership doesn't transfer if it is SORNd at a garage.

The troll is still feasting.

thescouselander

There is a lot of talk of the OP leaving the car at the garage for months but if you go back and look at the first post it appears the car was only held at the garage for 1 month before being sold to the scrappy. The garage then went on with the pretence they still had the car until recently. It does not seem to be a case that the car was lying round for months so they decided to get rid of it.

Clearly the garage had made up their mind pretty quickly on what they were doing and made a sustained effort to keep the deception going for several months. I do think the OP was a bit naive though and should have kept a better eye on what was going on.

biscuitdunker

Anihilator wrote: »

For it to be theft there has to be an aspect of dishonesty to it. There doesnt seem to be this here hence why probably its not being treated as theft.

OP could take civil action against the garage but they probably would just issue the OP a bill for services to the value of the claim.

There's definitely more than an aspect of dishonesty to it. She thought her car was being repaired, turned out it had been scrapped/sold. In what world is that not dishonest?

200888

goosemc wrote: »

I did search on the internet and found several engines of a good price, but he advised me against buying from the internet and told me to "leave it with him, it might take months but it's no problem"
I asked him "if ever its in the way, or you just want rid of it out of the garage then please just let me know"

That was the last contact I had until this DVLA letter on friday.

just read this - dint read the whole thread before. its your car, if you wanted an ebay engine put in its your call, you basically handed over all responsibility to the garage when you let them sort it out, what was happening to the car was their call not yours.... if it was your car they should be doing what you want, not what they want to do

robredz

thescouselander wrote: »

There is a lot of talk of the OP leaving the car at the garage for months but if you go back and look at the first post it appears the car was only held at the garage for 1 month before being sold to the scrappy. The garage then went on with the pretence they still had the car until recently. It does not seem to be a case that the car was lying round for months so they decided to get rid of it.

Clearly the garage had made up their mind pretty quickly on what they were doing and made a sustained effort to keep the deception going for several months. I do think the OP was a bit naive though and should have kept a better eye on what was going on.

Perhaps the garage knew the rest of the car was sound, and had a deal with the scrapyard who happened to have a suitable engine and customer waiting. Tigras are quite popular with young women drivers.. No one knows. The OP deserves restitution

thescouselander

robredz wrote: »

Perhaps the garage knew the rest of the car was sound, and had a deal with the scrapyard who happened to have a suitable engine and customer waiting. Tigras are quite popular with young women drivers.. No one knows. The OP deserves restitution

Yes, I agree!

Anihilator

thescouselander wrote: »

Yes, I agree!

Prove it.

Without this there is no theft

robredz

Anihilator wrote: »

Prove it.

Without this there is no theft

Let's say there was a misunderstanding, and they failed to consult the OP, she deserves some restitution, for the garages omission It may be a liability under the head of tort, rather than a crime, but it was an unauthorised disposal whatever argument you post and it is obvious the OP was willing to pay whatever it would cost. There was possibly a discount for her somewhere in the cost. It was likely one of the mechanics that stuffed up and got rid rather than the management who she knew. Anyway if the OP can prove title to the motor, and stop the DVLA transferring it, she *may* get it back.
Where people have bought motors with dubious title, or ringers they have lost the motor with no compensation.

Anihilator

Im not doubting she has a right to restitution.

I just feel this is from the garage and will be Post repair value + private possessions - Garage repair bill

and I dont think this is necessary going to be anything much above zero.