Garage has had my car over six months

[Ken Figenus]

Id be very tempted to take a Canadian mate 'from the Embassy' with me and if you don't get your car on your transporter there and then with zero costs a huge black mark goes on his Canadian immigration file! Go full James Bond ;-)

[s p a c e m a n]

Have you said the area that you're in yet? I can't find any car shows for the weekend and am up for a ph breakfast meet at this blokes garage if it's not too far away

[hidetheelephants]

JohnnyUK said:

BrettMRC said:

Is the car in a condition where it will roll ok on the wheels?

If so then this really is one of the rare occassions where you need to turn up with your recovery truck and a couple of mates to get the car back.

I've just spoken to his landlord - he is seriously behind with his rent. The landlord has also received complaints from another owner, whose car is stuck in there.

Problem is, I'm a bit old (and so are my mates!) for a punch up.

He clearly has no intention of completing the work. I'm currently waiting for a local solicitor to call me back.

The point isn't to go with the intent of having a fight, appearing mob handed reduces the likelihood of them thinking a fight be a viable way out; arrive with a trailer and plenty of boxes and suitable wrapping/packaging for engine parts etc., insist that he explain how much he thinks you owe him, negotiate from there on the understanding you won't leave without the car. Have at least one companion recording what happens with a phone but ideally without coming across like one of those moronic 'auditors' on Utube.

[Huntsman]

I've rebuilt about 20 engines including a couple of A series, if you get it all back, box it up and ship it to me I'll rebuild it. No charge, I love building engines.

[Gareth79]

JohnnyUK said:

andburg said:

check your home insurance and speak to a solicitor.

If he's refusing to do the work, allow you to pay ofr the work done and remove the parts / vehicle then you're a bit stuff

perhaps call 101 and just report it so its on record, if he is leaving for Canada they are very picky as to who they let in!

Yes, reported to the Police. We've also spoken to their landlord and they've given notice on the premises.

I'm assuming that the car won't be recovered at all now.

Would my insurers pay out?

Just to pick up on this - your insurers will pay out for legal expenses if you have the appropriate cover. Go and read your policy schedule and wording right now. Then if you have cover, call them first thing in the morning to see what they say.

[Oceanrower]

s p a c e m a n said:

Have you said the area that you're in yet? I can't find any car shows for the weekend and am up for a ph breakfast meet at this blokes garage if it's not too far away

Depending on distance, I’m not doing anything…

[Fatboy]

andburg said:

perhaps call 101 and just report it so its on record, if he is leaving for Canada they are very picky as to who they let in!

This - someone I know got refused a work visa for a couple of minor offences, and also banned from coming for a holiday!

You need to find some way of getting him charged with something, that's your leverage - he gives your car back complete with bits or you scupper his chances of moving to Canada...

[BertBert]

I can't imagine the Canada story has the slightest grain of reality in it

[QBee]

I wouldn't rely on courts doing anything quickly in civil matters right now.
The most you might get is an injunction of some sorts.

My company has been chasing a £40,000 debt since before Christmas, and has yet to see the court's judgement on the matter even though the other side didn't defend the case. It may not be the case everywhere, but we are being told by our lawyers that there is a major backlog in the civil court system.

If you want to see your car again I suspect you need to be proactive and get over there with a trailer, a friend, and a willingness to negotiate

[PurpleTurtle]

Agree with the above response. Time is of the essence before that business folds, most likely not of the proprietors choice.

He’s in massive debt, unable to fulfil obligations, is desperate. You owe him for ‘some’ work. Cash is king here. He’ll take a bung that’s sort of representative of the work he has done for you which he will of course pocket directly.

You won’t get an invoice, but you might get your car back.

I fully expect you are just one of many people in this position with him.

Good luck OP, keep us updated.

[djohnson]

JohnnyUK said:

djohnson said:

My concern would be that he has cash flow issues, and that the cash you’ve given him has gone but not wholly on parts or labour for your car. He’s playing silly buggers since he knows he can’t show you the physical progress on your car or return to you the parts you’ve paid for since neither exist to the extent they should, and he doesn’t have the cash to refund you.

Edited by djohnson on Monday 3rd April 17:03

I think you're spot on - the accounts submitted recently show debts of £200k and he owes his landlord £17k.

He has sold the lifts in the garage to the landlord today as part payment.

When it's all done & dusted, I'll share the screen shots of the WhatsApp conversations....

Ok, so I know others have said this to you, however this guy is going to go bust / do a vanishing act / some combination of the two. When that happens your car and parts are going to end up locked in, and best case you’re trying to prove to an administrator that they’re yours and not his stock (which to be fair might be doable). You need to start viewing any cash you’ve paid him as a sunk cost, and make a big effort to get your car and as many parts as you can back in your possession. I’d think legal action might take too long, would your solicitor be willing to write to him asking for a return of car and parts? If it were me I’d be trying this route along with insisting to him that you’re turning up to take the car and parts away in whatever state they’re in (but without getting involved in intimidation etc). If he does emerge still trading you can always decide to make a subsequent further claim.

[Plymo]

^ This! You need to make it clear that you are ending the arrangement now (hence the trailer) but that you are willing to pay for any outstanding work done and not yet paid for - make it very clear you aren't avoiding payment.
It also allows him to walk away without losing too much face, it's not a failed job, just one that the customer wanted to finish off elsewhere...
If he's as broke as he appears, any money will be welcome, especially cash!

[JohnnyUK]

Thanks all - I think it's time I share the WhatsApp screen shots as a demonstration of the mentality I'm dealing with.

For context, this message sequence comes following months of chasing, emails, visits, hand shakes, promises etc....

[Red9zero]

I think I'd be sat outside the garage with a trailer.

[andburg]

OP, I'll say this...

you've been rather direct and got his back up.
Go down and have a civil conversation.

[JohnnyUK]

andburg said:

OP, I'll say this...

you've been rather direct and got his back up.
Go down and have a civil conversation.

Yeah, I knew someone would say that. That's why I added the context. This is not an out of the blue message stream.

[HayesDC2]

What a nightmare, I would probably hold your tongue and say something along the lines of must be stressful moving etc, I just want it back I'll give you X if you prepare everything for me to collect this week.

Hope you get it back without too much more hassle!

[andy_ran]

Absolutely shocking and terrible stance by this garage owner My Thoughts are with you and have fingers crossed

I do hope that you manage to get the situation sorted ASAP and get what is rightfully yours back

The UK will be better off without someone like this "professional" in it

[s p a c e m a n]

fk that, I probably wouldn't have gone so far with messages and done it face to face but if one of my mates showed me those messages we'd be down there today with a few of us, a trailer and some cash to shut him up

[paintman]

I do wonder whether your request for an up to date invoice to pay for work done & you to collect the car after payment & his subsequent refusal to do so puts a different light on it.

Lien - which he's obviously aware of - would cover his retention of the vehicle until such time as he is paid for work done but this would no longer seem to be the case.

You might want to consider what you put in your text messages!