Mechanic illegally withholding camper since 2023!

[Emilie1323]

I broke down back in June 2023, called a well known breakdown company who sent a mechanic out.

I took my van to that mechanics own garage as they said they were working there in his spare time.

Long story short
My beloved T4 is still in the garage, I have paid almost £3K for a donor vehicle, as well as parts and some labour, to have the engine from donor put in to mine.

Fast foreward to July this year 2024 (the last time i saw it) the engine was still out, couldn't see much if anything had been done. I asked for it back as is, to be told I now owe more money for labour of engine removals from 2 vehicles, plus storage but wouldn't give an amount, when i refused to pay any more until the job was complete they told me, " I won't be getting my van back then". The conversation ended with me having no choice but to leave it where it is, and the mechanic saying they would start working on it as they had someone helping. Since then everytime i have asked when the job will be done or where it is up to in regards to repairs i have had a barrage of various excuses, whilst ignoring my calls and texts. And massive delays between responses via whatsapp, then when they do reply they rarely answer any of my questions, and even though the messages show as read, they deny even reading some! and The last time we physically spoke was July 2024.

Extra info
I have been in contact with the the following.
Police
Citizens advice bureau.
Trading standards.
Consumer rights
Roadside legal team.
My insurance
Dvla
Solicitor

I cannot get access to my vehicle at all nor see it. They have my keys and alarm/immbobiliser fob and pin, (I have one i can open a door with but not start an engine) it had no engine in, and has been sitting for 20 months 3 weeks encounting..., it is in a locked garage, behind two large gates which are always closed/ locked. As they are a mobile mechanic they are very rarely at the garage. Cctv cameras everywhere.
.
Any help or advice on this matter would be greatly appreciated.

Based in South Manchester, UK.

Thankyou in advance xx

Letter before action sent via signed for as well as to the business email on 29th Oct. This has still not be responded to, received or signed for. (11/11/24)
I sent another copy of the LBA by first class post (04/11/24)
On 15/01/25 i sent 2 more lba by first class recorded delivery. As well as to their business email address, and via whatsapp both as a pdf and copied and pasted the contents as a message which has been read and acknowledged.
As of 26/03/25 the above letters have not updated as delivered on the royal mail app. I have reason to believe at least one may have been delivered. (None have yet been returned to me as undelivered as yet).

I have applied to go to court, the other person has until 11th April to respond as the claim has been issued. The claim is against him, and the two businesses I have connection with, both businesses not recorded on companies house.

I have many messages of me asking for the V5c for the donor to be put in my name as well as audio recordings of me asking. No response, but on the same conversation as them saying I owe storage for both vehicles they say they are the legal owner of the donor as its in their business name!.

On 25/03/25 i have recieved various correspondence, threatening to scrap both my vehicle and the donor vehicle if i do not sort them out by Friday, and the garage will be closing as of this Friday (28/03/25)

I am also told to expect a large bill/invoice for storage of 2 vehicles for 2 years, as well as labour and recovery fees from the mechanic via messages.

I have got back ups of all my call logs, WhatsApp, email and text contact, as well as video and audio recordings of most of the calls or meetings had.

My vehicle is still insured for the last 2 years, but is sorn. The other isn't sorned

[echat11]

Hi Emilie

Welcome to LB

I'm surprised Trading Standards hasn't got involved, now it's with the Courts it becomes difficult for them to get involved, but you could speak to your local Councillor regarding Trading Standards.

'On 25/03/25 i have recieved various correspondence, threatening to scrap both my vehicle and the donor vehicle if i do not sort them out by Friday, and the garage will be closing as of this Friday (28/03/25)' - what are you meant to sort out?

I am also told to expect a large bill/invoice for storage of 2 vehicles for 2 years, as well as labour and recovery fees from the mechanic via messages. -

this is 'ridiculous', sounds like they planned to do this from the start.

What did the police say?

[Manxman]

I'm not surprised Trading Standards has not got involved. They don't bother to deal with individual cases unless they have a lot of complaints against the trader.

And I suspect the police will say "It's a civil matter".

Emilie1323 should have been clear with the mechanic/garage from the start what work the mechanic would do and what it would cost.

[Pezza54]

Did you pay the owner of the donor vehicle direct and have you got a receipt for it?
The name on the V5C isn't proof of ownership

How much have you paid the mechanic to date? Is he disputing you owe him more money for labour or parts he has purchased?

Is the garage closing permanently this Friday? If it is do you have the new address or the mechanic's home address?

Regarding your court claim, have you sent the defendant full details of your Particulars of Claim?

[echat11]

I'm not surprised Trading Standards has not got involved. They don't bother to deal with individual cases unless they have a lot of complaints against the trader.

And I suspect the police will say "It's a civil matter".

Emilie1323 should have been clear with the mechanic/garage from the start what work the mechanic would do and what it would cost.

If the garage has got form? Trading Standards would investigate, that is the whole point of complaints being logged by them.
A long time ago, they were 'good', but what they do now has been reduced by Government.

That's a standard response from the police.

[Pezza54]

Under CRA 2015 where there is no agreed price for work to be carried or a time set to perform the work, then there is an implied term in the contract that the work shall be carried out at a reasonable price and within a reasonable time. What is a reasonable time and a fair price is a matter of fact
Contracts can be formed by text message or even verbally
You should print out your text messages and make diary notes of your conversations with the mechanic

[Emilie1323]

MANXMAN: The mechanic originally diagnosed a seized turbo, upon running he engine for several hours, and then him taking the coolant cap off resulting in him scalding his arm and face, he contacted me to tell me I had a crack in the cylinder head, and that the vehicle would need to be scrapped, I asked if he was able to source and fit another engine to which he agreed. he then sourced a donor van for it engine, and as I was away at the time I paid him £1500 for it. I had asked him already if he took a safer payment method, as he didn't have a card machine, and he wouldn't use paypal or anything to give me security on payment, my only option to pay was either cash or bank transfer so I went with the latter thinking it was more secure. after this he kept saying he needs to order parts to put on the donor engine, like timing belt kit, water pump, service parts etc. but it took him a long time to invoice me for the parts, when he did I had to wait until he hada card machine so I could pay the £1200 using my partners credit card, for some security/backup. as soon as he had a machine, I paid him, he had agree the job would be £2-3k all in, donor van and job and done. he said as soon as he got the parts delivered he would get on with the job, it wasn't done when I last saw my van on 9th July 2024, ever since then he has ignored my attempts to call him, he doesn't answer my questions via text/WhatsApp. and has just ignored any attempts of me asking to go and view my van. I cannot just turn up as he is a mobile mechanic, as it the other mobile mechanic he is sharing the garage and yard with, no one is there on the numerous times I have visited, I cannot get access to my van as it is locked inside a garage, which is in a yard surrounded by other buildings, and had 2 large 8 foot steel gates to get in to the yard. the other mechanic has said from day one, he is not getting involved. and would never give any information on anything, other than he told him to just get the job done and get the van out of there, but said my mechanic was stubborn.

[Emilie1323]

PEZZA54:

Did you pay the owner of the donor vehicle direct and have you got a receipt for it? I didn't pay the owner or the van direct, the mechanic paid the owner and then I paid the mechanic.

The name on the V5C isn't proof of ownership. I am aware I should be the legal owner as I can prove I paid £1500 for the donor van, but he is the legal keeper.

How much have you paid the mechanic to date? Is he disputing you owe him more money for labour or parts he has purchased? I have paid £2700 up to date, £1500 for the donor van, £1000 for parts and £200 for labour, he is denying charging me any labour even though it is wrote on the invoice along with itemised parts.

Is the garage closing permanently this Friday? If it is do you have the new address or the mechanic's home address?
I believe he is being untruthful about closing the garage, he has only given 3-4 days notice of this, but he has contradicted himself a lot throught my contact with him, however I wouldn't know if he did shut up shop as theres not thing there to say its open as a garage anyway. He hasn't given a new address and is unlikely to, I had via someone I hada chat with once, who has known him and done repossessions for him in the past that this is what he does, he rips people off, shuts up shop and moves on under a different name, and that he will either make my vehicle disappear or may just move on and leave it behind. I used a tracing agent to find his registered home address, I checked this out on the local electoral register and indeed his name is at that address along with his mother and brother, however I am aware he has a girlfriend and is likely to have been living with her for at least the last 4 years, he has inadvertently admitted this to me, he sent me a text saying he knows I have been trying to find his home address, and he has returned the letters before action to Royal Mail as he doesn't live there, and hasn't for 5 years, he would only know the letters were from me if he has read them! I also sent an lba to his garage address, which has not come up as signed for as yet, since posting in Jan, I had previously posted 3 other lbas to his garage address, one was first class normal post and the other 2 sent before this was first class recorded delivery, these were sent back in Oct 2024. both the recorded delivery lbas were returned to me with address unknown on them. one was addressed to each of his two businesses. I had also sent the lbas to his work email address and as a pdf file to his whatsapps, I even copied and pasted the body of the lba in to the WhatsApp which showed he had seen it.

Regarding your court claim, have you sent the defendant full details of your Particulars of Claim?
I have sent him the claim number and court details, he said he would be contacting them himself the following day, this was a week ago

[Emilie1323]

PEZZA54: i have had 4 verbal completion dates, some of which i have on audio or video recordings, i did these for my own records as i struggle with my memory. but i am aware i cant use them in a court as evidence as all but one of these recordings he was unaware of. also one of the recordings he says it will be £2-£3k all in, including donor van, parts job and done. i have managed to get one written estimate of time and price for the job to be done at another garage, they say 18-20 hours, and £2500. others i have verbal estimates, but some garages understandably do not want to get involved.

[Emilie1323]

can anyone suggest any free legal advice on this matter, as i had an online solicitor (LawHive), but was finding it to be unaffordable due to not being able to work through disability. even an hour session to make sure i am going about this the right way, as i feel i have been going round in circles. also if and its a big if, i miraculously got this through court and got some of my money back, will this affect my benefits? i just want to get my vehicle back as it is very sentimental, and i worked hard to earn it when i was working, i have spent alot of time and money getting it perfect for my needs. thankyou all in advance for your advice and time on this matter.

[Pezza54]

The court will have issued your claim form to the defendant along with a response pack.
You haven't mentioned your Particulars of Claim
Claim form N1 states PoC is attached or is to follow.
If you ticked the box "Attached" you should have sent the court 2 copies so they can serve one copy on the defendant with the claim form
If you ticked the box "To follow" you should have sent the defendant a copy of your PoC and then filed N215 Notice of Service with the court

Check your copy of N1 to see which box you ticked

[Pezza54]

Whose idea was it to buy a donor vehicle?
Reconditioned engines for a T4 with a 1 year unlimited mileage guarantee can be bought for less than you paid for the donor vehicle.
The mechanic does not seem to be using other parts from the donor vehicle but charging you for new parts

What was your claim based on? Just money or return of both vehicles and new parts or a mixture of money and goods?

[Emilie1323]

PEZZA54: I filled the N1 form in online, and everything i had upto date is included in this, i have since been gathering and organising my evidence and there are more expenses to include in my claim at a later date, which have hd to be paid after i filled the Form. Like van insurance etc.
It was the mechanics idea to purchase a donor vehicle, as he said it would have all the other bits ready to go, like the wiring loom, ecu etc. and my claim includes a mixture of both goods and money. Ideally i want my own van back with the work completed, either by him, or the monies returned so i can take it else where, plus compensation for having to be without a vehicle at all for almost a year, then the ongoing costs associated with him still having my van.

[echat11]

Have you checked social media to see if he has done work for others?
No doubt others have also encountered issues with him.

[Pezza54]

Are you using MCOL or OCMC?