were would i stand if it went to court LATEST !!!!!!!!!!!!!!

[Equinox]

A polite word in her ear, if she wants to take you to court then she can but you will also be issuing small claims court proceedings against them for recovery, collection & storage if she wishes to do so. If she wants to leave it as is then you will accept the £80 to cover your costs as an early payment discount, otherwise she will be invoiced accordingly:

 

xx = call out

xx = recovery per mile

xx = storage per day x 550 days (18 months)

& if she is lucky she can pay 17.5 % as oppose to 15%

 

= loads & she wouldnt want to pay it !!

 

People gotta love them when they try it on

[retrorigg]

it will be your word against his in Court and will therefore be down to the judge hearing the case to decide who he believes

 

well ive got a clean record and he,s got a list as long as his arm,

 

i think her 1st course of action will have been to sort out with dvla regardin the bloke applying for the log book, does anyone know what would the dvla say if she refuses to allow him the log book

 

p.s thanks guy for the replys, it has got me a bit worried tbh

[GJUK]

it will be your word against his in Court and will therefore be down to the judge hearing the case to decide who he believes

 

well ive got a clean record and he,s got a list as long as his arm,

 

i think her 1st course of action will have been to sort out with dvla regardin the bloke applying for the log book, does anyone know what would the dvla say if she refuses to allow him the log book

 

p.s thanks guy for the replys, it has got me a bit worried tbh

 

I would go with Vista's reply, its what I would have typed. Saying that I'm no legal expert. Maybe its worth popping down to your local solicitor, for a quick 30 minute session to put your mind at ease?

 

Jon

[johnston_evo3]

Definitely get down to the solicitor before you do anything.

 

I done that and knew where I stood with what, she basically let me know what I could and couldn't do. The ones I'm fighting with have tried to pull a fly one BUT as I knew where everything stood I was quite happy to play with their games.

 

 

They have threatened me with a years rent If i take them to small claims. BUT I knew it was a bluff as solicitor told me they can't change locks without notice and can't charge while denying access.

 

They also at 1 stage gave me a week. But wasn't allowed up next day or any day during the week before 5pm. BUT I already knew because of the solicitor if any date is set for completion they cannot deny access, so I sort of on purpose said I would be up when it wasn't suitable for them so they denied me access and their date became void.

 

Had they gave me my tools but kept everything else I would have been in a poorer position, but I knew the one thing they can't touch is tools of your trade where as I would have had a much weaker fight if the car was missing. So I was quite happy to play their games . Now I got the majority of stuff I can now have my fun

[bortaf]

do they have anY proof you ever had the car? like recipt or collection invoice or mayby a pic of it in your posetion?

[FredTransit]

I am on both sides of this, involving two different people (mates), one of which has one of my vans, another who left his car in me (I had to put it in my storage as we have parking permits at home).

 

1, the van, was lent with T&T for a mate to go to a car show in, when the car (that's now in the storage) pegged out on him. Since he's had it, he's told me the windscreen has been damaged, and the T&T is now out (and it won't get through the test with the damaged screen). Now, I haven't regularly pressured him for the van back, but he hasn't asked for me to fetch it either (it's hundreds of miles away).

 

2, the car. Said twink s13rra apparently did the head gasket and my mate fillled it full of K seal to get to mine (then to the storage). The registered keeper (another mate to the one who has the van) promptly left the country for a charity trip, but he's back now. The last time I spoke to him he seemed to think it was worth some money, that could cover his costs and I don't seem to be getting any compensation out of it. In the meantime, I realised he gave me the V5 which was luck cos it's now out of T&T and I had to SORN it for him online so it at least he avoided a fine (my idea).

 

What do I do about both of these? I am toying with selling the van to the present 'custodian' but given the problems (no T&T. damaged screen, been that way for months) I can't see it being worth much.

 

What to do?

 

As for the original problem, I would say the value of the pug (the £80 it sold on ebay for) is it's worth, and that would be your compensation for the storage and collection/recovery of the car. Sounds like they are chancing it cos you got rid of it and have suddenly found a 'potential buyer' to try to get something out of you. I would tell em you will see them in court.

[retrorigg]

if shes kept the texts from me bout gettin rid of the car then guess thats proof thst ive had it in my possesion,

 

i dont know its true value as i had my mobile number on the ebay ad n he rang n offered me £80 , i sed he could have it at that price, but tbh i keep upto date with cars value roughly as we all do on ebay n the trader n on the road it was maybe only worth 3/400 quid, it would have cost that to get it back on the road, so i dont have an ebay invoice etc for it as i ended it before it had finished,

 

if i do go to court and it goes in there favour , could i be done for theft or would i just end up paying them compo

[Vista]

if i do go to court and it goes in there favour , could i be done for theft or would i just end up paying them compo

 

If all they are after is money they will take it to the small claims court. That would be a civil matter and no you would not be charged with theft.

 

For you to be charged with the theft, they would have to make a complaint to the police and the police would have to be prepared to take it further. Given your version of events and the lack of any tangible evidence to back up either side, it's unlikely (but not impossible) that the police would want to take it further.

[retrorigg]

with regards to the lad saying to do wotever with the car when he was drunk, he had 4 other mates with him (who were all drunk n roudy) she mentioned that she had asked one of the mates if her son had said for me to get rid of it, and in true matey style he,s saying that the son didnt say that to me, guess thats not to good in my favour as thats 2 against one with regards to him saying that,

would the fact they,d been drinking still be in there favour or mine

[FredTransit]

I can't see this as theft, either they asked you to move the car or at least knew you had it. Theft has to be without the owner's knowledge or permission.

[retrorigg]

but guess ive got rid of it without their permission

[Vista]

No, the fact that they were drunk won't make a difference it will still be the word of four people against 1 and in that respect yes you're right it doesn't look good for your case.

[retrorigg]

hmmmmmmmmmmmm. think its gonna have to be a wait n see job then i guess

[Smudger105e]

If the mate didn't hear him tell you to get rid of the car, that doesn't mean he didn't say it, just that he didn't hear it. That's no evidence.

[4DOOR-SHERWOOD]

tell them that you dont care about going to court and that you have contacted your solicitors and they said it will never make court due to lack of evidence! nothing will happen as evidence is nil and the car is and old srapper!

tell her to get her best frock on and you will see her in court....then leave it a while and cave the lads head in!

[mk3cokebottle]

What do I do about both of these? I am toying with chucking the spare windscreen i have got in it going halfs with a good mate of mine of here testing and taxing it then letting him go mental with a spray can and using it for this years classic ford show as the tour bus , as it is the van given the problems (no T&T. damaged screen, been that way for months) I can't see it being worth much.. so im geussing my idea is fantastic and we can then cut the si eera up and make a trailer bbq out of it instead of having to build one pissed this year

 

 

well i think thats a fantastic idea

[emu]

What do I do about both of these? I am toying with chucking the spare windscreen i have got in it going halfs with a good mate of mine of here testing and taxing it then letting him go mental with a spray can and using it for this years classic ford show as the tour bus , as it is the van given the problems (no T&T. damaged screen, been that way for months) I can't see it being worth much.. so im geussing my idea is fantastic and we can then cut the si eera up and make a trailer bbq out of it instead of having to build one pissed this year

 

 

well i think thats a fantastic idea

 

I dont know why you didnt think of that Cokebottle!!

[Grizzley Dell]

where they live? we get a load of us together. im sure we could change there mind

[mk1super]

My response would have been simple.... "See that line that runs down my man sack i want you to lick it sensitivley, NOW F*CK OFF!"

[retrorigg]

tempting, may give that one a try

[sidspop]

I can't really see her taking it to court. It would get laughed out.

 

Theoretically you sold somebody elses property. Without written permission to do so, I would say you were in the wrong. However, given that it fetched only £80 on ebay (as true market value) and you still have text off the old trout saying what work needed doing, I would be tempted to let her take you to court.

 

I also note that you say they WERE freinds of yours, I would keep it that way

[FredTransit]

What do I do about both of these? I am toying with chucking the spare windscreen i have got in it going halfs with a good mate of mine of here testing and taxing it then letting him go mental with a spray can and using it for this years classic ford show as the tour bus , as it is the van given the problems (no T&T. damaged screen, been that way for months) I can't see it being worth much.. so im geussing my idea is fantastic and we can then cut the si eera up and make a trailer bbq out of it instead of having to build one pissed this year

 

 

well i think thats a fantastic idea

 

Actually I would be up for that as long as the van doesn't get destroyed! I would get to use it after for film work too.

[mk3cokebottle]

you know it makes sense

 

i will get in contact with you and me cheques have cleared to find out how much it will cost ta put back on the road

[FredTransit]

I am thinking about it.....

[retrorigg]

ok, heres the latest, i got a phone call from the police today saying she,d made a complaint bout me n stealing their car, the police doris sounded symphathetic towards me, she said theres two options, i can either sort out with her as a civil matter regarding her wanting £500 (via a mutual friend) and she did say she understands that i stored it 4 them n i might want to arrange some sort of discount for me storing it, or the other option was that they would arrest me for theft, n that the black n white of it is theft the copper said

 

she did say they,d prefer it if i could sort it out with her as a civil matter and i got the impression she was kinda on my side

 

how is it theft when a, i had the keys, and b, he told me to do wot i wanted with it, so how is that theft really, c , id given them plenty of chances to move it etc, the son is deffo lyin as hes saying he didnt say that to me

 

as u know i never arranged with her regarding storage payment , but the police dont know that, do u think i should say that from the beginin that i did tell her there would be storage and as they didnt turn up to move the car i needed to recoupe some of my costs

 

ive already offered them the £80 i got for it but she wont accept that

 

ive tried contacting citizens advice but cant even get hold of them, n tried to get appointment with a free soliciter for an hours advice, (a lot offer free advice)

 

im tempted to let them arrrest me , wot do u think?