Car resprayed, then STOLEN by car sprayer!!!

[jimruffle]

Hi,

 

In May this year, I took my vehicle to a local car sprayer for a complete respray. I got a written quote from them for £2000.

 

8 weeks later, he returned the car to me and upon inspection, I realised that the work was less than sub-standard. I voiced my concerns to the trader who claimed all of which was unfounded. Two days later, he and 9 others arrived and took my car away by force and by threat. I informed the police but they explained that it was a civil matter and not criminal. At this point I had not parted with any money. The next day, I receive an invoice (undated) from the trader for the sum of £4700+VAT+ £30 a day storage fees!

 

Having done checks on this company, I have since found out that this company is in fact declared as Dormant (non-trading) and have been for 3 years.

 

I have issued a return of goods order for the vehicle but the trader has counterclaimed for non payment of invoice to the tune of £9000 including interest, storage, extra work etc.

 

Any advice would be gratefully received.

 

Many Thanks,

 

J Ruffle

[rebel11]

Hi Jim

 

Welcome to CAG

 

The guys will advise as soon as they are available.

 

If it's your car and it's been taken without your consent then it's a criminal matter. Thats how I see it.

[sequenci]

Hello there, welcome to the forums. Have you contacted your local trading standards over this?

[jimruffle]

Hello,

 

yes I've reported it to trading standards who have advised me that he does not have a legal lien on the vehicle and they advised me to issue a return of goods order which I have done.

[sequenci]

Hello,

 

yes I've reported it to trading standards who have advised me that he does not have a legal lien on the vehicle and they advised me to issue a return of goods order which I have done.

 

Have they said that they will investigate this firm for their trading practices?

[jimruffle]

No, they referred me to the Technical Offences Team within Companies House who I have reported them to.

[Surfer01]

How does the garage come up with a figure of £9000. Did they use threatening behaviour to deprive you of your car? Were you in fear of yout life?

[Dragons Dennis]

I would bring the police in for theft.

 

If you contarcted a garage to do work, then refused to pay they are within their rights to hold your goods until payment. HOWEVER, in this case the goods (car) were returned to you and you accepted posssesion back. They turned up two days later and effectively forceably took your car. That is not allowed and is actually theft and I would suggest could consitue theft with menaces.

 

The police civilian you first speak with will almost certainly tell youy it is a civil matter. Insist on speaking with the duty inspector and insist a crime is recorded as the vehicle has been taken without consent.

[sequenci]

The police civilian you first speak with will almost certainly tell youy it is a civil matter. Insist on speaking with the duty inspector and insist a crime is recorded as the vehicle has been taken without consent.

 

Excellent advice.

[jimruffle]

hi all,

 

Thanks for your help on this. I did contact the police at the time and the office gave me a crime number. He wasn't prepared to deal with it though as it isn't "motor vehicle theft", it's a technicality on a TWOC.

[jimruffle]

Surfer01 - The £9000 was the inflated invoice for £4700 + £30 a day storage since August!

[sequenci]

Surfer01 - The £9000 was the inflated invoice for £4700 + £30 a day storage since August!

 

What have you been doing for the last 4 months?

[jimruffle]

Trying to get my car back from him! He hasnt responded to any letters. I've only recently got a solicitor involved.

[sequenci]

Trying to get my car back from him! He hasnt responded to any letters. I've only recently got a solicitor involved.

 

What has the solicitor done thus far?

[jimruffle]

He has given me some advice regarding the defendants rights to keep hold of the car, which seems that he doesn't have any, as he surrendoured control of the vehicle when he dropped it off to me.

 

Today, I instructed him to write a letter to the company to try and negotiate an out of court settlement.

[Surfer01]

What are the police doing about it as theft with menaces seems to have taken place and it is not civil? What has the solicitor advised on this aspect? The solicitor should be using the police to recover the vehicle but as that is the cheapest option and less income for the solicitor they will probably avoid it.

Do you happen to know any one else that has had the car re-sprayed by the garage? TS may be able to tell you if they have had any other complaints but will not be able to give you details.

[Dragons Dennis]

TWOC? That is the same as theft except is the modern trendy way of the namby pamby British police handling things. I once had my wallet removed from my possession without giving permission. (Stolen) and when I was young, someone placed a stone on the inside of my Dad's greenhouse via the pane of glass without asking if he would mind (smashed a winow).

 

This company has stolen your car. That is theft. They can call it anything they like, but it is theft.

[mightymouse_69]

TWOC is slightly different to theft and so long as the car was driven away, is the correct offence for this situation.

 

Twoc isn't a "modern" thing either - it appears in the same 1968 Act as the offence of theft!

 

To the OP:

 

Tell the solicitor in no uncertain terms that you want the car back. Ask him for a detailed explanation of your options.

[jimruffle]

Mightymouse: The car wasn't driven away as it has no engine in it!

[Dragons Dennis]

In that case, it is theft.

[biggeorge]

"Two days later, he and 9 others arrived and took my car away by force and by threat..."

 

Why didn't you ring 999 and tell the police someone is taking your car away and there is 10 blokes there

and your too afraid to comfront them.

 

Plain and simple theft of your property and the police should have acted and arrested those responsible.

 

George

[jimruffle]

had a phone call from the police officer last night, explaining that it is categorically not theft and it is a civil matter. His sergant confirmed the same.

[Surfer01]

I hate to say thsi but theya re both WRONG! I suggest you escalate this to the commanding officer at the local police station poiting out the error of their ways. the car was removed from yu by intimidation and without a court order. It is theft!

[Dragons Dennis]

What EXACTLY was this alleged 'threat'?

[jimruffle]

one of his heavies said "We will do whatever it takes to take the car today even if it means getting our hands dirty"