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bought a car now cant find owner of garage

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  • 24-11-2011 10:06pm
    #1
    shelia
    Closed Accounts Posts: 10 ✭


    as the title states....

    I bought and paid for a car and got a receipt for it (2k),took the car out of the garage and it breaks down..i called the owner and he said there was nothing wrong with it but says i can borrow his car until my one is repaired, so i said ok, he gave me a car and says he can refund me if i wanted, i said that would be fine..that was last week and he hasnt turned on his phone since, the garage is all locked up and hes no where to be found, i spoke to the gardai who tell me hes known by two names (he uses his mothers maiden name) and they dont really want to know, his business isnt registered and i still have the car he gave me, what will i do????


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    #2
    shelia
    Closed Accounts Posts: 10 ✭shelia


    i just found out the car i got never changed ownership after it was bought, do you think the previous owner would transfer it into my name and i could recoup my losses??


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    #3
    Kristopherus
    Registered Users Posts: 11,907 ✭✭✭✭Kristopherus


    If the car he gave you is worth more than 2k, hold on to it. Tread carefully with the previous owner, initially. Confirm that he/she has actually sold the car before you go looking for signed forms. If all is above board, then you should have no bother getting the previous owner to sign on the dotted line.


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    #4
    shelia
    Closed Accounts Posts: 10 ✭shelia


    ive just been in tears all week and havent eaten, i just wanted to get the money back, i just dont have it to waste you know


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    #5
    Zab
    Registered Users Posts: 1,931 ✭✭✭Zab


    You still have the original car or you gave it back to him to repair it?


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    #6
    shelia
    Closed Accounts Posts: 10 ✭shelia


    the original car is in the yard which is completly locked up, i have the car he gave me on loan


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    #7
    dharn
    Registered Users Posts: 2,574 ✭✭✭dharn


    very unfortunate not a lot you can do you just met a gangster perhaps if you can establish ownership of the subaru it might work out ok


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    #8
    JimsAlterEgo
    Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


    i hope you got somer sort of receipt when you bought it


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    #9
    Del2005
    Registered Users Posts: 18,999 ✭✭✭✭Del2005


    shelia wrote: »
    as the title states....

    I bought and paid for a car and got a receipt for it (2k),took the car out of the garage and it breaks down..i called the owner and he said there was nothing wrong with it but says i can borrow his car until my one is repaired, so i said ok, he gave me a car and says he can refund me if i wanted, i said that would be fine..that was last week and he hasnt turned on his phone since, the garage is all locked up and hes no where to be found, i spoke to the gardai who tell me hes known by two names (he uses his mothers maiden name) and they dont really want to know, his business isnt registered and i still have the car he gave me, what will i do????

    This is terrible, the garage is doing something dodgy, which the Gardaí apparently already know, yet the people supposed to protect us won't.

    Get in contact with the NCA and see what they say. Hopefully it's to light a fire under the Gardaí. Or try the SCC.


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    #10
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    JimsAlterEgo wrote: »
    i hope you got somer sort of receipt when you bought it

    A receipt from a con man using a fake name is not going to be worth much.

    You are the legal owner of the car in the garage, this is the only one you have claim to. For the car you currently are driving, you should contact the Motor Tax and Vehicle Registration office. They may be able to tell you what to do about that car.

    Department of Transport, Tourism and Sport
    Shannon Town Centre
    Shannon
    Clare
    Ireland

    Tel: (061) 365 000
    Locall: 1890 411 412
    Fax: (061) 363 480
    Homepage: http://www.transport.ie/roads/motortax/index.asp?lang=ENG&loc=2468
    Email: Motortax@dttas.ie

    After that you're probably going to need to contact a solicitor.


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    #11
    Broads.ie
    Registered Users Posts: 397 ✭✭Broads.ie


    NAME AND SHAME!!!!!!!!!!


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    #12
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    Please do not name the business in question.

    dudara


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    #13
    ejmaztec
    Registered Users Posts: 24,089 ✭✭✭✭ejmaztec


    Knowing the strange habits of some "dodgy" garage owners, it's quite possible that the loan car actually belongs to another customer who could be wondering where their car is.


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    #14
    LeoB
    Registered Users Posts: 4,254 ✭✭✭LeoB


    This is awful situation to be in. There are two thinGs you can do.
    shelia wrote: »
    the original car is in the yard which is completly locked up, i have the car he gave me on loan

    1) Go back to Gardái. They have no right to dismiss you by not really wanting to know. Get your own car back, open the gates and have your car towed out. If you have to break or cut locks inform Gardái first.
    Del2005 wrote: »
    This is terrible, the garage is doing something dodgy, which the Gardaí apparently already know, yet the people supposed to protect us won't.

    Get in contact with the NCA and see what they say. Hopefully it's to light a fire under the Gardaí. Or try the SCC.

    2) Or follow the line of Dell2005 or Jor el. Go to motor tax office name the Person and garage. Go also to N.C.A


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    #15
    slimjimmc
    Registered Users Posts: 7,786 ✭✭✭slimjimmc


    LeoB wrote: »
    1) Go back to Gardái. They have no right to dismiss you by not really wanting to know. Get your own car back, open the gates and have your car towed out. If you have to break or cut locks inform Gardái first.


    That is terrible advice and it's an option you'd do well to ignore it OP. Firstly, this is a civil situation and the Gardaí have no remit here and will not get involved.

    Secondly, your car being in his yard does still not give you any legal right to break in and retrieve it. If you go forcing entry you could be accused of committing a criminal offence (breaking and entering, criminal trespass or similar). The Gardaí do have a remit in that and you could be the one to find yourself in their custody.


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    #16
    coylemj
    Registered Users Posts: 25,461 ✭✭✭✭coylemj


    slimjimmc wrote: »
    If you go forcing entry you could be accused of committing a criminal offence (breaking and entering, criminal trespass or similar).

    You could be accused of it but it's virtually inconcievable that she would be convicted of anything. The crime of burglary involves breaking into a premises as a trespasser with intent to steal (or do one of a few other things not relevant here) and since taking her own property would not be stealing, the essential ingredient of criminal intent would not be present.

    This is similar to a sitution where a neighbour borrows your lawn mower and refuses to give it back so you cut the lock on his garden shed and retrieve it - any Garda would tell you that it's a civil situation i.e. let the guy sue you for the price of a new padlock but it most definitely would not be burglary and I'm not aware of a crime called 'criminal trespass'.

    She has made exhaustive enquiries, can't contact the dealer who is clearly a crook as even the Gardai know that he operates under various identities so I'd say the chances of him making a formal complaint to the Gardai is nil if she busted into his place and retrieved her car.


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    #17
    LeoB
    Registered Users Posts: 4,254 ✭✭✭LeoB


    slimjimmc wrote: »
    That is terrible advice and it's an option you'd do well to ignore it OP. Firstly, this is a civil situation and the Gardaí have no remit here and will not get involved.

    Secondly, your car being in his yard does still not give you any legal right to break in and retrieve it. If you go forcing entry you could be accused of committing a criminal offence (breaking and entering, criminal trespass or similar). The Gardaí do have a remit in that and you could be the one to find yourself in their custody.
    The person who sold this car has "in my opinion" breached a contract under sale of goods. We are talking about a substantial amount of money here. If the owner of the car makes reasonable efforts to contact the person who has possession of her property I think she would have every right to re-claim her car. I also believe there could be a case for the Gardái here and while I dont have a great deal of knowledge of the law I think deception, fraud come under Gardái remit.
    coylemj wrote: »
    You could be accused of it but it's virtually inconcievable that she would be convicted of anything. The crime of burglary involves breaking into a premises as a trespasser with intent to steal (or do one of a few other things not relevant here) and since taking her own property would not be stealing, the essential ingredient of criminal intent would not be present. .
    This point is key here. Its not burglary with intent to steal. Its worded better than my pervious point above and I would not encourage anyone to break the law and did not mean it to come accross that way but in this case I think its pushing the boundaries to call it stealing.
    coylemj wrote: »
    This is similar to a sitution where a neighbour borrows your lawn mower and refuses to give it back so you cut the lock on his garden shed and retrieve it - any Garda would tell you that it's a civil situation i.e. let the guy sue you for the price of a new padlock but it most definitely would not be burglary and I'm not aware of a crime called 'criminal trespass'.

    She has made exhaustive enquiries, can't contact the dealer who is clearly a crook as even the Gardai know that he operates under various identities so I'd say the chances of him making a formal complaint to the Gardai is nil if she busted into his place and retrieved her car.

    The Gardái know the person who has the car in his yard, WHY I wonder? and the lady should make a formal complaint verbal and in writing to the station nearest where her car is. Also a solicitors letter to the garage owner. I think a visit from the Gardái could resolve this pretty quickly unless the garage ower is really silly. Maybe there is a genuine reason for the garage to be closed.

    She could also contact all relevant bodies such as Motor tax, vehicle registration, V.A.T office, revenue and make life as awkward as possible for the owner unless she hets sorted within a week.


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    #18
    coylemj
    Registered Users Posts: 25,461 ✭✭✭✭coylemj


    LeoB wrote: »
    The Gardái know the person who has the car in his yard, WHY I wonder? and the lady should make a formal complaint verbal and in writing to the station nearest where her car is.

    Making a complaint (especially a verbal one) to the Gardai would be a waste of time. The dealer is dragging his heels getting the OP's car fixed, it may be bad customer service but it's not a crime.

    If your suit was late coming back from the dry cleaners or they lost it, would you go down to the Garda station?
    LeoB wrote: »
    Also a solicitors letter to the garage owner.

    Total waste of money. Anyway, she has the use of a car so what threat can she make against the dealer?
    LeoB wrote: »
    I think a visit from the Gardái could resolve this pretty quickly unless the garage ower is really silly.

    For what purpose? She's already spoken to the Gardai and they are clearly of the opinion that they have no role in this matter. Unless he sells on the OP's car there is no evidence that he has committeed a crime here so the Gardai don't give a XXXX at the end of the day.
    LeoB wrote: »
    She could also contact all relevant bodies such as Motor tax, vehicle registration, V.A.T office, revenue and make life as awkward as possible for the owner unless she hets sorted within a week.

    What will she say to them? The dealer is operating under dual identities, I doubt if he gives a toss about those bodies.


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    #19
    Del2005
    Registered Users Posts: 18,999 ✭✭✭✭Del2005


    coylemj wrote: »

    She has made exhaustive enquiries, can't contact the dealer who is clearly a crook as even the Gardai know that he operates under various identities so I'd say the chances of him making a formal complaint to the Gardai is nil if she busted into his place and retrieved her car.

    I find the opposite. The people you can never reach and break ever rule in the book are usually the first to resort to law and because it's their nature they have a better knowledge of what will happen then the OP.

    Then there's also the issue that if the dealer is "dodgy" and she breaks in to recover her car, what will they dealer do? As they know where the OP lives.


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