Garae help required

[richthegill]

Few months ago (Sept) the timing chain slipped in my wifes Corsa resulting in no compression. I rang a local garage ( the owner knows my wife) and asked them for a quote and they said they couldn't give me a full quote as they would need to see how much damage has been made 1st. We said fine, take your time as there is no rush.
Anyway, they picked the car up and took it to their garage, and eventually gave us a quote at the end of November.
As we couldn't afford it at the time we said we would get back to them and let them know if we could afford it or not which we did and can we make arrangements for them to drop the car off.
We didn't hear from them for ages (Mid Feb) until we recieved a phone call asking us what we were doing with the car, we again told them we couldn't afford it and asked what would be better, to get it scrapped or to get it done. they advised scrapping it which we decided against.

We have now been in contact over the last 3 weeks by email asking for the car to be dropped off, and the owner has said not to worry as he can get it scrapped from his garage. We said no we didn't want it scrapped we wanted it back and he said ok it will be dropped off Monday or Tuesday this week. Since it hadn't been dropped off my wife emailed them Yesterday & Today with no reply.
My feeling is they have already scrapped the car as they suggested we do it from their garage but we can't prove it.
Is there any way we can force them to give the car back??

[tam9933]

go round and visit your car .

[richthegill]

already been to the garage. they say it has gone to their lockup for security

[tam9933]

demand to visit your car , call police if you have to ,

[tam9933]

how old is your corsa

[richthegill]

Well we have heard that it's going to be dropped back on Monday! so fingers crossed.
Cheers for the help

It's only a 98 S plate worth about £700 but it didn't cost us anything and I wanted to get it done so the wife can learn to drive.
Believe me there is a method behind my madness!

[gbjadyy]

the garage may have applied the "torts act" and if so check against all dates that contact was made to ensure they have followed it correctly, the torts acts enables a garage to dispose of a vehicle if it is not collected within three months of the owner being told is is ready for collection or in this case if you had said something like "let us think what we want to do" shortly after it first went in then made no contac agian after that then the garage could possible apply the torts act as you had not contacted them or let them know whats your intentions are, The garage does have the right toplace the car in secure storage if they feel that the car has been "dumped" on them and can also charge for this storage on a daily basis but you do have the right at this stage to demand that you can see the car if they are saying they still have it (it does sound like its gone so are trying to push you to one side and they have not told you they have applied the torts act) you best bet under the circumstances is to call there bluff by demanding to see the car and if (give them 48hrs which is plenty to make it available) for inspection and if necessary tell them straight that you have reason to belive they are no longer in possesion of the car and if they fail to allow you to see it then you claim agaist them for the value of the car they have disposed of.

whatever you do dont mention the "torts act" to them otherwise you may give them the idea that they should use this as a defence , instead just wait to see if they mention it to you when you call there bluff, but i do maybe think if they use the torts then it might be dificult to get anywhere with the problem

[jonni2bad]

Since you refer to it, could you point me in the direction of the "Torts Act" please?

[gbjadyy]

the torts act refers to the disposal of goods act, this is so business's dont end up with countless things dumped on them for ever and a day, and allows the business to dispose of those goods after a three month period, i am off to bed now but will put up relevent info tomorrow night

[jonni2bad]

This garage has at no time indicated that they feel the OP has dumped their car - in fact it has been in contact several times with the OP and - as I read it, the OP has had an assurance that the car is being delivered back to them.

Are you are refering to the Disposal of Uncollected Goods Act 1967? If so, then perhaps you also mean the Torts (Interference with Goods) Act 1977.


To quote from Trading standards, which quotes form the requirements contained in Section 12 and 13 of that....

2. Main legal requirements
If your are in possession of another persons goods, and that other person is under an obligation to collect them, you will be entitled to sell the goods if they remain uncollected and are not otherwise the subject of a dispute. To avoid any liability you must do the following;
Firstly you must post, or deliver directly to the owner, or leave at his proper address written notice of:

1. 1. I. the owner’s obligation to collect the goods;

1. 1. II. the details of the goods to be collected and the address at which they are held;
      
   2. III. the name and address of the person sending the notice; and
      
   3. IV. the amount of money owing in respect of the goods at the time the notice is sent.

Secondly, you must deliver to the owner of the goods, by registered letter or recorded delivery notice of your intention to sell the goods and the date of the intended sale if they remain uncollected. The second notice should repeat the details in the first notice as listed above.

These two notices may be delivered together at the same time.
The period between the issue of the second notice and the date of intended sale, should be sufficient for the owner to reclaim the goods. However, if money is owed to the person holding the goods on the owner’s behalf this period must not be less than three months

[rosiecotton]

Originally Posted by gbjadyy

the garage may have applied the "torts act" and if so check against all dates that contact was made to ensure they have followed it correctly, the torts acts enables a garage to dispose of a vehicle if it is not collected within three months of the owner being told is is ready for collection or in this case if you had said something like "let us think what we want to do" shortly after it first went in then made no contac agian after that then the garage could possible apply the torts act as you had not contacted them or let them know whats your intentions are, The garage does have the right toplace the car in secure storage if they feel that the car has been "dumped" on them and can also charge for this storage on a daily basis but you do have the right at this stage to demand that you can see the car if they are saying they still have it (it does sound like its gone so are trying to push you to one side and they have not told you they have applied the torts act) you best bet under the circumstances is to call there bluff by demanding to see the car and if (give them 48hrs which is plenty to make it available) for inspection and if necessary tell them straight that you have reason to belive they are no longer in possesion of the car and if they fail to allow you to see it then you claim agaist them for the value of the car they have disposed of.

whatever you do dont mention the "torts act" to them otherwise you may give them the idea that they should use this as a defence , instead just wait to see if they mention it to you when you call there bluff, but i do maybe think if they use the torts then it might be dificult to get anywhere with the problem

Sorry, the Torts (Interference with Goods) Act that you clumsily refer to states that traders must give written notice for collection and a written notice with a date after which the goods will be disposed of. They can't just say "oh three months have passed, let's get rid of it".

For more details about the required notices, see this link:
Trading Standards Fact Sheet 31

[gbjadyy]

i never said that they can just get rid of it and i did say to refer the op to check all dates they had conact, the op makes it sound as though the car has been sold/scrapped so i am tryin to advise that the torts could be applied but obviously only in the caoorect manner!!!
you will also note that i advised at this stage the op is entitled to ask to see the car and this would at least then prove whether they have it or not, just for the record though if an owner cannot be traced (which can easily happen in many cases) the garage can dispose of the goods without notice (obviously this does not apply here because they have had contact).

i stress again i advised they should request to see the car and not to accept any excuse for why they cant (it is there car and they are entitled),
by doing this they will then find out if they need to take action or not!!!