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Appropriated ownership

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  • Appropriated ownership

    I recently bought a car from a used car dealer with whom I have been having an increasingly unrewarding trail of correspondence regarding the quality of said car.

    We are getting to a stage where it may well get 'legal', but there is an interesting diversion which is also causing some pain.

    When I bought the car, I was given a spare key for it which turned out to be for a car of the same make, just not the car I bought. I tried the key and found it wouldn't operate the car. I then put the key somewhere very safe, so safe that I cannot find it. I told them straight away that I had it, and started getting lots of emails telling me to return it with various threats behind it if I didn't.

    As the quality of the car quickly became apparent through my commissioning a professional inspection and subsequently having the car MOT'd, which it failed with several faults and 8 advisories, 5 weeks and 370 miles after it passed an MOT with no advisories, I wrote in one email that I was minded to keep the key until the car was repaired to my satisfaction, at that point not realising that I had in fact mislaid the key.

    They have now initiated a Civil Money Claim (run by HM Courts & Tribunal Service) for the cost of a replacement key. In a letter to me they claim "you have appropriated ownership and by losing the key you have inferred permanent deprival of ownership; I have applied to the County Court for a resolution by way of the small claims court procedure". And yes, the owner of this place loves his legal jargon. He's an ex-police officer and reckons he knows everything there is to know about consumer law.

    Now, appropriated means 'taken and used without permission" THEY gave me the key which I took home in good faith. So I'm wondering how I have "inferred permanent deprival of ownership" by losing said key.

    They gave it to me, I lost it. Is that something they can claim from me? As mentioned, I did say at one stage that I was "minded to keep it until all the faults with the car were rectified to my satisfaction"

    All advice appreciated.

    Thanks

    HM
    Tags: None

  • #2
    Firstly do you want to keep that car?
    when did you buy it?
    how much did you pay?
    how old and what mileage?

    Secondly have you received court documents yet regarding that mislaid key?
    Bit of a mistake saying, "I wrote in one email that I was minded to keep the key until the car was repaired to my satisfaction" but it doesn't suggest you intended to permanently deprive him of ownership (theft).
    As possessor of an item by mistake you are a bailee and have to take reasonable care of the item.
    There is a certain series of steps the bailor has to take prior to commencing court action to recover said goods and he does not seem to have followed them.

    That key might well turn up shortly anyway.... in this household we are always mislaying things and blame it on Pete the Poltergeist.
    Have a look in your saucepans!

    Comment


    • #3
      Thanks for the advice.

      I wouldn't mind keeping the car, but given the long list of faults that I would want fixed, and the fact the dealer has fought every one of them so far, it would be best for me to get a refund. Bought 26 days ago for £4k it's 9 yrs old with 56k miles.

      I managed to lose the item (I think) in less than a few hours after bringing the car home. I have searched high and low for it, and have assured the dealer he may have it back if/when it turns up.

      I reckon I changed from being the owner (of something I thought went with the car) to bailee a couple of hours after driving the car home. I believe I mislaid the key pretty much within a few minutes of becoming the bailee!

      Comment


      • #4
        So if you want to reject it and get a full refund you have 4 days left in which to tell (email plus confirmation by first class snail mail with free certificate of posting from post office is best) the dealer you are exercising your rights under Consumer Rights Act 2015 and rejecting the vehicle as unsatisfactory and require a full refund.
        if there was finance involved also advise finance company.

        Cease using the vehicle and make it available for dealer to collect. You do not have to return it.

        Comment


        • #5
          I have done all that. Dealer is refusing as he insists the faults that I have complained about are as a result of us using the car.

          Comment


          • #6
            so write a letter before claim, or if you have done that initiate court proceedings

            Comment

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