Car nicked - lawyer needed!

Car nicked - lawyer needed!

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Pappa Lurve

Original Poster:

3,827 posts

283 months

Tuesday 15th June 2010
quotequote all
Dupont666 - YHM

vit4

3,507 posts

171 months

Tuesday 15th June 2010
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fking hell! Best of luck, as said if it was £200 worth of stuff, fair enough, but nearly £5k?? More to the point, crushing the car! Boils my piss reading this furious

Pappa Lurve

Original Poster:

3,827 posts

283 months

Tuesday 15th June 2010
quotequote all
Mine to! Plus looking for a snotter to run for a few weeks is a total pain!

madala

5,063 posts

199 months

Wednesday 16th June 2010
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....reckon as she gave what seems like proper warning you might well be 'fecked.....

RB26DETT

2,519 posts

176 months

Wednesday 16th June 2010
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What an utter utter bh.

For crushing your car I'd take her for what she's worth. Jesus if this happened to me I'd be fking livid.

OP get proper legal advice now.

Pappa Lurve

Original Poster:

3,827 posts

283 months

Wednesday 16th June 2010
quotequote all
Indeed proper legal advice is needed although a trawl of the interweb does seem to indicate I have a very strong case. Just got to find a decent lawyer now so back to the web for that too I guess.

Hopefully will pick up a smoker for a few weeks this week as well - shopping for cars should be fun but this is just a pain!

hondafanatic

4,969 posts

202 months

Wednesday 16th June 2010
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I reckon in a parallel universe, on this very forum, some guy is ranting and raving about how his mum is owed £200 for garage rental.

All the responses have been along the lines of ‘nuke him from orbit’, ‘VBRJ’, ‘Burn his stuff’, ‘Is it taxed, if not, get it crushed’, ‘dump it on the street’ etc.

hehe

Pappa Lurve

Original Poster:

3,827 posts

283 months

Wednesday 16th June 2010
quotequote all
As I said, I did forget to pay her and I can understand she is somewhat miffed. In her situation I can see holding the stuff to ransom etc which while might be a bit legally dodgy I think would be fair. Thu I made her a fair offer which included what I felt to be a reasonable sum to compensate her for me being a forgetful.

However, her actions are so OTT as to be nuts!

RB26DETT

2,519 posts

176 months

Wednesday 16th June 2010
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Out of interest what kind of car was it ??

Pappa Lurve

Original Poster:

3,827 posts

283 months

Wednesday 16th June 2010
quotequote all
A Jag x300

Engineer1

10,486 posts

210 months

Wednesday 16th June 2010
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Surely no matter what the legal requirements are if you are even thinking about crushing and disposing of someone else's property over a £200 debt you would phone them, e-mail them etc.

This entire situation could have been all over a cheque lost in the post. OP get good legal advice and see if you can add any out of pocket costs, after all you need to buy a new snotter, look for a replacement for your old car, etc. all of which will cost money and take up time.

Engineer1

10,486 posts

210 months

Wednesday 16th June 2010
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On a practical note:

Don't forget to inform the DVLA the car has been scrapped or you may get speeding tickets, and fines for failure to tax. In fact it may be worth demanding proof it was scrapped so you can get the paperwork sorted with the DVLA.

Thudd

3,100 posts

208 months

Wednesday 16th June 2010
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Surely this is TWOC?

Dupont666

21,612 posts

193 months

Wednesday 16th June 2010
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Pappa Lurve said:
A Jag x300
What was the dispute? Noone has asked you direct, yes it amounted to £200, but what was it about and why would it piss her off so much? Did you tell her to do one over the amount and tell her there is nothing you can do about it? that needs answering...

what was the written contract over the garage or what is verbal?

you was away for 2 weeks, when exactly did she hand deliver the note? Did she give you 7/14 days to remove your stuff otherwise it will be disposed of?

Have you said that you are going to the police and will be taking up a civil matter for her breaking and entering (if your contract on the garage was valid at the time of removal of stuff) and report her for TWOC for stealing your car. << this one is the one Im interested in... If you had a contract at the stage of her removing your belongings

If the car was taxed/tested/insured/etc... I find it very hard to understand how she got it crushed and how the company crushing it did not contact you about it as it was legally parked in the road if fully up to date, as the council dont take away legal cars unless there is a reason? What did the company who crushed it say the reason was given as?




ZOLLAR

19,908 posts

174 months

Wednesday 16th June 2010
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Dupont666 said:
Pappa Lurve said:
A Jag x300
What was the dispute? Noone has asked you direct, yes it amounted to £200,
I assumed (i know i shouldn't but i did!) it was over the rental of the garage i.e. he owed her £200 rent otherwise why would she empty the garage?.

Dupont666

21,612 posts

193 months

Wednesday 16th June 2010
quotequote all
ZOLLAR said:
Dupont666 said:
Pappa Lurve said:
A Jag x300
What was the dispute? Noone has asked you direct, yes it amounted to £200,
I assumed (i know i shouldn't but i did!) it was over the rental of the garage i.e. he owed her £200 rent otherwise why would she empty the garage?.
Thats what I thought, but thats like tell your land lord to go F off over a months rent (usually see rental of garages at £150-200) and then wonder why they have kicked you out.

SPin it round and put the landlord on here and the landlord puts out a question over a garage and the fact the renter has a dispute and told her to fk off over a months rent, sends a letter that as far as she knows is ignored by the renter and it clearly states 7 days on the letter, so she removes it and it gets nicked/destroyed/crushed as its reported as abandoned... People on here would say that the renter had some bad luck and good on the Landlord for sorting out a troublesome renter... Obviously the breaking and entering is not allowed and I would assume the landlord would need to go to court to get an eviction notice as per housing but you get the message that Im trying to say...

Assumption is the mother of all fk ups... without the OP filling in the blanks we could just assume he is in the wrong and tough st...

Dupont666

21,612 posts

193 months

Wednesday 16th June 2010
quotequote all
Pappa Lurve said:
Apparently she got the car squashed as her son-in-law is a lawyer and wrote a letter saying she could! I am due to see that letter tomorrow.

She did give me 21 days warning in a hand delivered letter but as I was away at the time there was not a lot I could do. To be fair, she did not know I was away. She also claims to have emailed and called me but I have no email, missed call or message from her.

I freely admit I forgot to drop the £200 over but as I normally paid her quarterly I did not remember to pay her before I went, my fault of course. However, to take and destroy £4k + worth of stuff seems to me totally OTT and thus I want to recover a fair percentage of that value. I guess I could go the small claims court route. Any thoughts?
Ok something not adding up here... I add 2 + 2 and get 5.

You was given 21 days in the letter, yet you was away at the time, but in the first post you said you was away for 2 weeks... missing that extra week when you were home and had the letter, care to explain that.

You also mention the £200 dispute, but then you say that you paid her and that was done? Why would you pay her if she just got rid of your stuff?

Some more holes need filling in the story as its not looking good yourside.

pikey

7,700 posts

285 months

Wednesday 16th June 2010
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I think this is wrong and have sympathy for the OP, however if I may offer another angle?

Not quite the same, but I have been 'sort-of' on the other side of the fence.

When I was in dispute with my loft extension building company, their response was that they would not be removing the scaffolding. I spoke to my solicitor who said the law is straight on this: I had made it clear (in writing) that our contract has terminated and he has his equipment from my property. I should give him fair notice to remove this equipment, or I dispose of it.

I sent him a recorded delivery letter notifying him of this, which he returned unsigned. So then, again at the solicitor's advice, I extended the notice period by another 7 days and sent him an email, fax and letter each day for 7 days (the idea being he couldn't deny getting all of them). On the the final day he came and took it away, but I had found someone to remove it the next day... and would have done too.

I'm told it would have been about £5k of scaffolding / equipment, but I wasn't interested in profiting out of it, I just wanted it gone.



edo

16,699 posts

266 months

Wednesday 16th June 2010
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find out where she took the car to be "crushed".

If it was as valuable as you say I very much doubt they would have crushed it.

paddyhasneeds

51,508 posts

211 months

Wednesday 16th June 2010
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I'm commenting out of sheer ignorance I'm afraid I have nothing useful to contribute, but how the hell can it be legal to destroy/dispose of the garage contents?

Empty the garage and perhaps charge for costs incurred doing so (I'm no lawyer so perhaps that isn't legal) but just choosing to destroy the items?