Long story short -

Put a classic into an indie a while back for a "sympathetic" restoration, first bill came in with an £80 per hour labour charge, c. £3000, had already tolfd them that would be about my total budget. Anyway, I disputed bill but paid half in good faith, due to other things it became low priority but contact was still ongoing, No letters or demands as such.

So he turns up at the farm on Tuesday shouting and swearing (on camera). I emailed them that night asking for a meeting to resolve.

He has removed all upgrades from suspension (fair enough) and dumped car in a lay by and it has now been stolen, at no time did he tell me he was doing this??

I know I havent paid balance of bill but feel its a bit harsh, have reported to police as stolen but not sure if I have any hope

Your thoughts appreciated

Thanks

Check out the TORTS act. That's about the closest I can think of. Good luck.

Thanks, hadnt heard of that one it does state

The Torts (Interference with Goods) Act 1977 allows a landlord to sell goods left in a property if reasonable efforts to trace the tenant or owner of the goods fail. The Act further states that if the tenant is traced, the landlord must serve notice stating its intention to dispose of the items, how to arrange collection, and that disposal of the items will not begin until the notice has expired.


Nothing received from them so may have a case if I can be bothered

Certainly seems that way having read the most salient parts. I'd do it just so the bloke didn't get away with it.

Thats my thoughts, faults on both sides but he shouldnt be allowed to just dump it, if he had sold it fair enough, it had a fully rebuilt bodyshell and interior. Hey ho

How do you know it was stolen rather than being sold by the third party?

Paul, I came across it by chance yesterday parked in a lay bye on a main A road, went straight to police to inform that it was mine and I would be arranging recovery. I then went back to it and removed keys etc that had been left in it, whilst there phoned recovery truck, when it turned up 30 minutes later car was gone

The dispute re the bill aside, I think you have a problem. As you found the vehicle and removed the keys IMO you have taken it back into your possession and the person who left it at the roadside would no longer have responsibility for it.

Are you sure he hasn't taken it back? John
2008 Stornoway Grey 3.6 Tdv8 Vogue
2005 TD6 Java Black Vogue - Written off!!
GAP iiD BT
2003 Discovery TD5 Auto, Nanocom Evolution - gone to a new home!
MasseyFerguson 152 - No electronics!! - Sold

Well I would have thought that the garage was responsible for the vehicle until they officially return it to you. As it has been 'stolen' in their care, even if they are disputing the bill they should pay up on their insurance.

Did the garage give a full breakdown and justification of the £3k in work? Tom

Current Drive
2011 4.4 TDV8 Autobiography - Santorini Black - Ivory Leather

Previous Drives
2004 Model Vogue Td6 (Touchscreen) - Java Black - Parchment Leather
1994 RR Classic 3.9 V8 Soft dash - Niagara Grey - Grey Leather
1972 Series III SWB Safari - Green (Hand Painted) - Black Plastic

sounds like a right mess, hope you get it sorted ..  ... - .- -.




Y. O. L. O.
.

The garage never sent any demands or letters, also never informed me they were "dumping" the vehicle, I saw it purely by chance and had I been an hour later would be none the wiser, they gave me a full breakdown, I paid half the bill and the dispute was around the £80 per hour charge which previously had been around the £50 mark.

Sounds awful!

Can't this be covered under the 'duty of care' element that garages must provide?

Dumping your car without permission or notification seems just a trifle underhand to say the least! Si. <This is my name.

I eat rat poison.

A man ain't truly been insulted until he stands buck naked in front of a woman and she didn't even notice. Or care.

Rosco wrote:

when it turned up 30 minutes later car was gone

So you now have the car - is that what means ?

It all sounds a bit of a mess - but where to go next depends on whether you have the car & whether it's improved by an amount equivalent to what you have already paid - if it is, then just move on.

If not, then it's solicitor time - with the right evidence, he could sell the car to recoup his costs, but would need all the documented evidence. He can't just dump it.

Rosco, if this happened in Scotland the Torts Act won't be relevant.

What a mess, I sympathise. Assuming it was in Scotland, the restorer would have had a lien over the Classic, so he could have kept it until you paid the amount due and if you didn't pay he could have applied for a court order authorising him to sell, apply the proceeds to cover what was due to him and then pay you any balance. I don't think he would be entitled just to abandon the car, and leaving it with the keys inside on a public road seems to me not taking reasonable care of it. So if that was all that had happened, I think you would have a claim against him for the value of the Classic, net of the amount due to him.

However, there is then the question whether your finding the car, taking the keys and arranging uplift meant that the car was back in your control again, so that the theft was at your risk, rather than that of the restorer. There are arguments both ways, but I would think that the dominant cause of the loss was the restorer exposing the Classic to the risk of theft, you tried to "rescue" it but could not do so in time and did not increase the risk.

If the restorer won't pay, the police don't recover the Classic and you don't have insurance that covers it, I think you would need to get proper legal advice from a solicitor and then decide whether it is worth claiming against the restorer, looking at the restorer's ability to pay/insurance cover etc, the stress, cost and hassle of litigation and the risk of being responsible for costs if you lose (or the restorer has no means of paying).

Good luck. I don't suppose the restorer has taken the car back again? Only Range Rovers since 1988

Well reasoned.