Scrapped faulty car that belonged to garage owner

[Jono]

I agreed to purchase a vehicle on a monthly basis from a garage owner .. He kept the log book until I had paid it off . I collected the car and drove it up to scotland where I had just moved to . It conked out twice on the way up and the next day ... I thought it might be the battery so I changed it .. But it didn't work . The car sat there unmoved in stalemate of distance issues and not wanting to fork out repairing it when I had just collected it . Anyway time dragged on and we were thinking of moving house and I needed to sort the faulty car out .. So I scrapped it .. Thinking I could sort the money issues out in small claims court with the owner ... He is now threatening to press charges for stealing the car or selling it without consent .
I need to know what I can be charged with .
I have no immediate funds to settle the debt and also my own issues with the faults on the vehicle , so it looks like he is off to the police tomorrow morning so any advice would be greatly appreciated.
Thanks in advance
Jonathan

[MissFM]

Re: Scrapped faulty car that belonged to garage owner

Hi Jono and,

Tch - a bit daft on the communications front, lol. How about making him a cash offer (that you can afford) to call it quits?

There are many knowledgeable petrolheads on here who will give you informed advice.

Good luck! xx

[des8]

Re: Scrapped faulty car that belonged to garage owner

Hi, and welcome.
Was your agreement to purchase in writing?
Did you pay anything towards the car, and if so what was agreed purchase price and how much have you paid and do you have receipts or other proof?
Is the garage you purchased from a holder of a Consumer Credit Licence?
How long did you have the car prior to scrapping it?
Did any engineer or mechanic examine the car and identify possible faults whilst it was in your possession?
Did you advise the garage owner of the faults on the car when you discovered them, and if so was it in writing and what was his reaction?

[wales01man]

Re: Scrapped faulty car that belonged to garage owner

Who was the Legal owner of the car?

[Jono]

Re: Scrapped faulty car that belonged to garage owner

Yes I signed a document to purchase the vehicle
yes I paid some monies but withheld payments due to fault . Total price with a small amount of interest was 1600 . I've paid approx 400 . I do have receipts somewhere.
I presume he has a consumer credit licence to sell cars on finance ... But this was done on an informal basis between myself and the owner.
The vehicle sat outside for 8 months non working then scrapped it .
I was advised the wrong size battery was in the vehicle . And also that it had some kind of electrical fault that could be expensive to sort out .
Yes I informed the garage owner straight away and explained there was a fault .. And how about I return the car to him and swop it for another one . He wasn't keen on that idea and said if you can get the car down to us we will look at it for you . I agreed but could not start it to return it so that's where the stalemate transpired . I left messages explaining I could not return it and waited for him to get back to me . He did not respond ... And like everything in life you put it on the back burner until it needs dealing with .
I just need to know if he can press any kind of charges or is it true that in an agreement no criminal offence has been committed ... Please advise
thanks
jono

[Jono]

Re: Scrapped faulty car that belonged to garage owner

Apparently the legal owner is the garage owner .

[wales01man]

Re: Scrapped faulty car that belonged to garage owner

Expect the Police tp care little about your agreement with the garage if the deem its theft.
To save what may follow in Civil or criminal proceedings try and reach an agreement to pay something. follow advice from others on here regarding the legality of any finance agreement be ready to post up any paperwork you have if there is action you can take against the garage someone here will help find it

[des8]

Re: Scrapped faulty car that belonged to garage owner

Have ready a copy of your purchase agreement, and receipts showing payments (copies, not originals) for the police.
They will probably come and question you, but as for actually charging you with anything I think will be remote.

If your dealings with the garage were only over the phone, write down now everything that has happened and been said. This will help as an aide memoire so you don't get confused later!
From now on put everything in writing.

The garage owner is on dodgy ground IMO.
As a dealer he is in a difficult position if he sells as a private individual, as he appears to be trying to circumvent his responsibilities under consumer law.
You complained the vehicle was faulty, and he offered a repair (as required). However as a dealer it was up to him to collect it as it could not be driven.

You say as he sells cars on finance he presumably has a credit licence.
Most dealers act as intermediaries between finance houses and car buyers. Some however offer the finance themselves. They require different types of licence.
Firms with consumer credit licences prior to April 2014 can be found here:http://www2.crw.gov.uk/pr/. After that date the FCA register takes over http://www.fca.org.uk/register
Do you have a copy of your credit agreement that you can post up (suitably redacted). or was this a very private finance deal with no credit agreement?

If it was a private deal with minimal paper work your argument for the police may be that you purchased the car and took ownership of it with an agreement to pay over time. When the keys were handed over it became your car. The matter of the V5c is one of registered keeper, not ownership.