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My car sold by garage - I have not been paid

JimW75
JimW75 Posts: 21 Forumite
Seventh Anniversary Combo Breaker
Hi all
Some advice please. Have had dealing with a local small garage - brought my car from them last year, but after getting a new company car decided was time to get rid of my car with the guy I had originally brought it from.
He always seemed fair in the past, so I said i would like £1000 back on the sale and he could keep the difference from the sale. I never signed anything for this as I trusted him.
6 weeks ago he sold it, I even got documents from DVLA to say I am no longer the registered keeper.
But still he hasnt given me the £1000 we verbally agreed. I do have some text messages I have sent to him prior to the sale just stating what the agreement was from my side.
Ive bene chasing the garage owner since for the money but every week is a new line "the guys not happy with the car so he's only given me half the money", "the guys blanking me" etc
Ive said I want the money by Friday - if he doesnt pay whats the next step?
Police? Selling onto a debt collector? Going to a small claims court??

Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Who signed the VC5 with your signature ?
    Do not get distracted, please answer.
    Be happy...;)
  • JimW75
    JimW75 Posts: 21 Forumite
    Seventh Anniversary Combo Breaker
    The garage owner
  • JimW75
    JimW75 Posts: 21 Forumite
    Seventh Anniversary Combo Breaker
    Im guessing as i didnt
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Then the document has been forged.
    You can report it stolen, the document forged and the police will lift the car and you will have to collect it from the police pound.
    The person who thinks they have bought it will have to sue the garage.
    I would visit the garage and inform him this is what will be happening unless the money is paid immediately and do not go alone.
    If he does not have the money, next stop is the police station to report the falsified declaration and the title not been sold.
    They may try to hide behind a civil matter sir, so remind them that 95% if the law the enforce is civil law.
    Be happy...;)
  • JimW75
    JimW75 Posts: 21 Forumite
    Seventh Anniversary Combo Breaker
    Thank you - thats very useful
  • scheming_gypsy
    scheming_gypsy Posts: 18,410 Forumite
    If you report it stolen the police will pick up the car and arrest the garage owner. He'll go to the police station and give his statement in which he'll say "Jim bought the car from us originally, he then got a company car and asked us to sell the car on his behalf".
    The police will then come to you and ask you to confirm it. You'll say yes because you can't deny it seeing as the garage had the V5, keys and any other paperwork. Then you'll probably get arrested for wasting police time.
  • goonarmy
    goonarmy Posts: 1,006 Forumite
    spacey2012 wrote: »
    Who signed the VC5 with your signature ?
    Do not get distracted, please answer.

    Wow. Just wow.
  • Ectophile
    Ectophile Posts: 8,270 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    It strikes me that the car hasn't been stolen at all. The OP voluntarily handed to over to the garage to sell. The garage sold it as requested.

    What is left is now a contractual dispute.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Aretnap
    Aretnap Posts: 6,034 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Ectophile wrote: »
    It strikes me that the car hasn't been stolen at all. The OP voluntarily handed to over to the garage to sell. The garage sold it as requested.

    What is left is now a contractual dispute.
    +1. I can't see the police taking an interest in this. They won't go chasing unpaid debts for you. They're not a free debt collection service.

    Small claims court is the way to go. Or rather a letter before actionfirst, which might be enough in itself to jolt the garage owner into remembering where he put the money.
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