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Dealer not giving car back ! - jimbob2013

Earlier last year I had an accident with the car causing damage to the bumper and bonnet corner which crumpled a bit. I had agreed to have this fixed for £400, as we had third party insurance. The bodywork shop dealer took months to sort it out. Which I was patient with at first as Id had little time to get to the garage myself on the days he was free ,so I got him to do half of the work for £200 just enough so I could drive it aorund legally, and agreed to do £200 of the work later, nothing which was documented, regretably.

Anyway come september, my insurance was running out and tax as well at the same time, and the old bmw broke down. I had the waterpump fixed a week before so knew it was something to do with that. I paid £80 already to have it replaced.

I was fed up of fixing the waterpump system some way or other with it leaking etc, so I decided to sell it. It broke down about half a mile away from the bodywork shop. I texted the bodywork guy asking how much he would take, we agreed a 1500 sale. It was worth 2000 but I wanted to just get rid, plus I owed 200 for the bodywork, so he picked up the car (it did drive a few miles when cold, but he may have towed it.)

He called me a week or so later saying he found a buyer and he needed the V5 ready . Happy with the news I got my mum to sign the V5 (she was the registered keeper and I was a second driver, using it occasionally) and handed it to my girfriend (who knows nothing about cars and doesnt drive) to hand over to him should the sale go through, as I assumed a buyer was coming down to buy it. Looking back he didnt even ask for the rest of the keys or the MOT.

The bodywork guy told my girlfriend he would need the V5 even though there was no buyer and she believing him gave him the document.

Since then all I have heard from the bodywork guy is that he is going to keep the car and is putting money in my account, which will take time etc etc.. cant let me see the car today, blah blah, I have kept all the excuses by text saved.

I have thought about using small claims court but am worried if I have a good case now. Its been a while, and my mother suffers from anxiety and doesnt want to particularly be worried about court. I had to SORN the car to his yard, as I was worried he might use the car for illegal purposes, and sent the yellow part of V5 to DVLA (girlfriend managed to keep that part). I trust my girlfriend 100%, and she has written a statement signed that she didnt recieve any money from this dealer.

Im worried about where I stand here and whether its worth taking things to court, because now the paper is signed do I have a strong case, or am I better off leaving it.

I have tried to reason with him still, after mentioning court, but he has locked the car in a compound and makes excuses.

Ive thought about proceeding with small claims court, but I am worried about my enhanced CRB being affected if I lose the case, eg what if he says my bodywork was worth £2000, or the engine went, or charged me to keep the car in his compound after SORN or if he just pays back £1 a month etc if he loses, ... Any advice ???

Ive spoken to dvla prior to filling the yellow form they said they would make a note of the transfer (i sent a covering letter prior to sending the yellow slip). I was told on the phone that the V5 is proof of possession and not ownership is this true ?

Dealer not giving car back ! - FP

I don't feel qualified to deal with a lot of this, but my understanding is that yes, the V5 is not proof of ownership.

I would have thought you would have a good case if you went down the Small Claims route, but the financial issues in your case are complicated. You say a deal was agreed for a particular sum, but do you have evidence? If not, it might all come down to a nominal valuation for a non-running car, minus the money owed for work done. If there were to be an argument about these sums I would expect the court to make some reasonable decisions based on the going rate, although if there's evidence so much the better. (Photos, for example?)

But there's no reason for you to end up with nothing, which seems to be what you're contemplating.

Edited by FP on 07/05/2013 at 12:13

Dealer not giving car back ! - happy polo

Sadly, I don't rate the chances here. This highlights a big problem with vehicle documentation in the UK, the fact that whilst the V5 does not prove ownership, there isn't anything else that does. The V5 is the closest thing you have to go on if trying to establish who owns a car, and from previous cases discussed here it seems the police are inclined to steer well clear of this sort of case.

The issue is that if the dealer has the V5, unless you are accusing him of stealing it from you, it is clear that you have given it to him. If that is the case, any argument about money etc becomes rather insignificant, as whatever you accuse him of he can simply deny; the overriding fact is that you have passed the V5 to him and it (probably) has his name on it. If you go to the police and claim he has defrauded you, he can simply say that he bought the car from you for cash, and you are now trying to get him to pay you again.

Personally I might be thinking about what £1500 of damage to his premises might look like, but of course that would be a very unpalletable suggestion....

Edited by happy polo on 21/05/2013 at 01:57