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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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They Sold My Scooter Without My Consent


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I need advice on this before I go to the Police:

 

2 years ago my 125cc Scooter 'popped' a valve,I don't know what this means either but it resulted in having an Engine rebuild which cost me £180,I paid this no probs.

 

About a mile up the road the bike konked out,well the engine run ok but there was no drive.my Son came out and pushed the bike to his friends as by then the Garage had closed.

 

After a year of trying to get them to come out and pick it up ? they said they couldn't find the address ? My son took it back to the Garage in his friends van.

 

They repaired it free of charge,a new drive belt,then said they couldn't test it as there was no key,my mistake,so my Wife and Son took the Key down to the Garage,all sorted,after that I heard nothing,

 

after about 6 months I asked the Question"where's my bike" they said all done but there would be an additional charge of £27 for a new lock as they never got the key.I didn't bother to argue the point so said fine when I collect I will settle up.

 

My wife wasn't happy with this so the Bike was left there for about a year,meanwhile I have been declaring it Sorn.

 

The other week I decided to sell it to my nephew very cheap as long as he settles the bill and collects.When he went to collect they told him that they had sold the Bike to make space ???

 

They said that they had sent letters and tried to contact mr by phone,That was a lie.They sold my bike without my Consent.Can anybody tell me where I stand On this :-x

Edited by honeybee13
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In some respect i would say that this maybe an issue on your part... Why did you leave it with the garage for so much time?

Yes they shouldnt have sold it but still....

 

Were not blaming you here on this one so i hope you dont take it to heart :) But we want to establish everything here.

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The real reason is that,they should have delivered it to me,they didn't,in the meantime CBT ran out,insurance ran out MOT ran out,to pay for all of these just to get it home would have cost more than the bike was worth,They owed it to me to sort this out

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At any time did you tell them this? Im thinking if you left it a considerable amount of time with no communication, then they could claim you abandoned it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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How often did you communicate? What was the longest period? What was the reason they gave that they thought they were legally allowed to sell?

 

You have to be careful. You left it there without permission. Sending a message via webpage wont count unless you received a reply. A lot of small businesses use them as advertising and never check on them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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they didn't give a reason that they were legally allowed to sell apart from they needed the space,or he needed the space,its a one man band,it was only back in may that I declared it SORN again,he said he called and sent letters but I have received nothing and yes there were long periods between communication,I paid them for the work done why would I abandon it ?

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I believe the scooter to be worth about £350 I haven't a clue what he sold it for,I haven't had contact yet,I found out because I was going to sell it to my nephew and he went there to look at it.I need to get some ammo before he realises I'm hopefully going to take action

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When was the last time you made proper contact about the bike. Either by phone or by written letter/direct email?

 

If you are able, can you provide a timetable of events with dates?

 

As i said, if he has tried to contact you for a good amount of time about the bike and has failed to get a response, then he could claim you abandoned the bike. Especially since you left it there for a year.

 

It's a tricky situation, but you need to sit down, think straight and get hard facts, and not conjecture. You need the timeline of events, dates and methods you allege you contacted him, dates and methods he alleges he contacted you. You need the reason why he sold it and as much info as possible.

 

,I found out because I was going to sell it to my nephew and he went there to look at it.I need to get some ammo before he realises I'm hopefully going to take action

If you are considering legal action to get the money back, any court would ask for this info and more before they even consider a judgement.

 

I'm not saying you or the garage owner is right. What i am saying is to prove your case, you need to get as much FACTUAL information as possible.

 

If the garage can prove that they have tried to contact you and no repose was forthcoming, thats all they need to claim abandonment. Remember, you left it there for a year with no effort or attempt to move it. Saying it would have cost more money to move than the bike is worth has no bearing at all.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Again, you have to prove it is theft. Not just accuse him of it. If you left it there for a year, and he never had any contact, or he tried to contact you and had no response, then he can claim you abandoned it. he can then get rid of it as he see's fit.

 

Again, you need to PROVE it is theft. The only way you can do that is get the info that we advised you to get.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Trading Standards says:

 

The Torts (Interference with Goods) Act 1977

 

These provisions can be invoked any time after the goods are ready for collection subject to any terms imposed at the time the goods were left for repair.

 

Any person who is in possession of another's goods, that other person being under an obligation to collect them, is entitled to sell the goods if they remain uncollected and are not otherwise the subject of a dispute. Before doing so, you must satisfy two conditions.

 

You must first deliver to the owner of the goods written notice of:

• The owner's obligation to collect the goods

• Details of the goods to be collected and the address at which they are held

• The name and address of the person sending the notice

• Details of any sum of money owing in respect of the goods at the time the notice is sent.

 

This notice may be delivered direct to the owner, left at his proper address or posted

If the above does not result in collection of the goods the second condition laid down in the Act must also be satisfied before the goods may be sold. You, as the person in possession, must now send to the owner of the goods, by recorded delivery post or registered letter, notice of:

• Your intention to sell the goods and the date of the intended sale if they remain uncollected.

• Details of the goods to be sold and the address at which they are held.

• Your name and address

• Details of any sum of money owing in respect of the goods at the time the notice is sent.

 

The period between the issue of the second notice and the date of intended sale must be sufficient for the owner to reclaim the goods and if any money is owed to the you, the period must be at least three months.

 

The 'proper address' of an owner of goods is:

• In the case of a body corporate, the registered office or principal office

• In any other case the last known address of the owner

 

Where the person holding the goods has taken reasonable steps to trace the owner of the goods in order to issue the necessary notices, but has been unable to do so, he is entitled to proceed as if the notice has been served.

 

Where the goods remain uncollected at the notified date of sale, the person holding the goods may sell them, by whatever manner is appropriate to the circumstances. The person selling the goods is able to pass good title to any purchaser. The seller must be able to account to the owner of the goods for the proceeds of their sale, although he is entitled to withhold for himself any sum owing in respect of the goods, or of the cost of their sale. The owner will be statute barred from suing for proceeds of the sale after six years and the Act is not retrospective.

 

Where there is any dispute pending about the goods, eg whether the repair has been properly carried out, it is not valid to issue any notice until the dispute has been settled.

Although the person holding the uncollected goods must issue each of the prescribed notices detailed above, the notices may be combined if sent by recorded delivery post or registered letter

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Keep us updated on any action you take or not and how it all pans out please PG, I think this would be of great interest to others whichever way it goes.

 

Agreed. It could go either way, but it would be good to see how it works. Fingers crossed for you PG :)

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I believe the scooter to be worth about £350 I haven't a clue what he sold it for,I haven't had contact yet,I found out because I was going to sell it to my nephew and he went there to look at it.I need to get some ammo before he realises I'm hopefully going to take action

 

The DVLA can provide an earlier registered keeper with details of the current owner. From that you might find out how it ended up changing hands and for how much.

 

https://www.gov.uk/get-vehicle-information-from-dvla

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The DVLA can provide an earlier registered keeper with details of the current owner. From that you might find out how it ended up changing hands and for how much.

 

https://www.gov.uk/get-vehicle-information-from-dvla

 

That wouldnt heave any bearing right now. The OP needs to find out who has the legal ownership within the law first. The info to find that out has already been given. it will just take time to ascertain who, in the eyes of the law, owned the bike.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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That wouldnt heave any bearing right now. The OP needs to find out who has the legal ownership within the law first. The info to find that out has already been given. it will just take time to ascertain who, in the eyes of the law, owned the bike.

 

The ownership chain will give the o/p an idea of where it currently resides (and if it is still on the road). If the scooter turns out to have been taken to the knackers yard and scrapped straight after it left the shop then it would more or less confirm there was little point in it remaining in storage.

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