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Garage scrapped car without permission.

  • 11-01-2014 12:57pm
    #1
    Registered Users, Registered Users 2 Posts: 76 ✭✭


    A garage got rid of my sister in laws car without her permission. The car was at the garage for 12 months but there was a problem getting the parts and she regularly kept in touch with them. 2 weeks before christmas she found the parts at an affordable price and told them this and gave the go ahead to complete repairs but over Christmas she noticed her car had vanished from the front of the garage. She went in to them this week and they said it was there too long and they sent it for scrap. Has she a case against them ?


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Comments

  • Registered Users, Registered Users 2 Posts: 94 ✭✭aodhan2


    was she paying for storage? a car left like that in a garage is taking up space for other cars that would be making money .


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Moved out from an old thread.

    Tbh, it's odd that the garage would scrap someone's car without getting in touch first. Particularly as she gave the go ahead for repairs just before Christmas.

    You can't get legal advice on boards but do get in touch with some local legal aid. Depending on value of car she can probably go to small claims court.


  • Registered Users, Registered Users 2 Posts: 9,060 ✭✭✭Kenny Logins


    What parts take 12 months to source?


  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    how many times had she been asked to remove the car before this?

    I'd find it very very strange that any even half decent garage would do something like this. Any guy running a garage would know full well that doing something like this is asking for an incredible headache and possibly leaving themselves open for all kinds of problems unless they had exhausted every last avenue of getting the car removed it just wouldn't be worth it.

    All due respect to OP but I don't think these are all the details.


  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    Come to think of it: is it even possible to have a car scrapped (legally) without the logbook?

    Shouldn't you normally give the scrapper the logbook? They issue a certificate of destruction and the logbook goes back to Shannon?
    Or did I get that wrong?


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  • Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Need more info: what age was the car? Make/model and what parts were needed? Where were the parts your sisters sourced? Was your sister going to go and get them and bring them to the garage or did she expect them to do that?


  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    aodhan2 wrote: »
    was she paying for storage? a car left like that in a garage is taking up space for other cars that would be making money .

    That's fine but surely they should have contacted her first and told either to remove it from their property or they will dispose of it? Are we getting all the facts here though.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    HI all and thanks for the replies

    It was a Volvo V70 2.4 D5 SE. It was 2005 and diesel.

    She used these crowd (foreigners) on 3 occasions for service. No problems and always paid immediately. She was never asked to move the car at any stage and she kept up regular contact. It was a semi automatic transmission and this was where the problem was in the car. The car was outside on gravel and not stored inside and storage charges were never sought or mentioned. She even asked what was the bill to date for ripping the gearbox but was told leave all to the end. She still has the log book and was advised to go the the Gardai which she has since done. She has since found out that she is not alone in this matter.


  • Registered Users, Registered Users 2 Posts: 23,688 ✭✭✭✭mickdw


    Thats dodgy. No way would I let that go.
    If it was a 00 fiesta or something like that, you would say if was pretty worthless with a major fault but an 05, D5 diesel volvo estate would still have significant value once repaired.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    mickdw wrote: »
    Thats dodgy. No way would I let that go.
    If it was a 00 fiesta or something like that, you would say if was pretty worthless with a major fault but an 05, D5 diesel volvo estate would still have significant value once repaired.

    I think they have took total advantage of her and as she lives alone now. Probably sold it to one of his mates. There now appears to be a criminal element involved so it looks like its going to get very messy.


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  • Closed Accounts Posts: 7,480 ✭✭✭wexie


    furmi wrote: »
    I think they have took total advantage of her and as she lives alone now. Probably sold it to one of his mates. There now appears to be a criminal element involved so it looks like its going to get very messy.

    I'm assuming she still has posession of the logbook?
    Sounds like time to get the boys in blue involved.


  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    Sounds to me like that car was broken for parts and they were sold on, no need for a logbook then I'd imagine


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    bazz26 wrote: »
    Sounds to me like that car was broken for parts and they were sold on, no need for a logbook then I'd imagine

    I'd say this is the case. Hopefully , the Gardai may be able to find out something but we now hear that the Gardai raid the place on a regular basis so not good and there was never a hint of anything like this before to prevent what has happened.


  • Registered Users, Registered Users 2 Posts: 1,897 ✭✭✭Means Of Escape


    furmi wrote: »
    A garage got rid of my sister in laws car without her permission. The car was at the garage for 12 months but there was a problem getting the parts and she regularly kept in touch with them. 2 weeks before christmas she found the parts at an affordable price and told them this and gave the go ahead to complete repairs but over Christmas she noticed her car had vanished from the front of the garage. She went in to them this week and they said it was there too long and they sent it for scrap. Has she a case against them ?

    Get on the phone to the Environmental Protection Agency and tell them that these boys illegally scrapped the vehicle and you would like the agency to contact them and find out how the car was disposed of without a tax book.
    Follow up with the Gardai and drop into your local TD for a chat.
    Revenue may pay them a visit also
    A great party organised by you at their place.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Get on the phone to the Environmental Protection Agency and tell them that these boys illegally scrapped the vehicle and you would like the agency to contact them and find out how the car was disposed of without a tax book.
    Follow up with the Gardai and drop into your local TD for a chat.
    Revenue may pay them a visit also
    A great party organised by you at their place.

    I don't want to say to much but the Gardai have been great. Lets say the Gardai know them because of an International arrest warrant/ Extradition warrant for the owner of the place. We just learned that today.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Thanks for the update OP.
    It's mindboggling this stuff can happen in this day and age.

    As this is now a legal matter I ask everyone to be mindful, don't ask for names etc.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    biko wrote: »
    Thanks for the update OP.
    It's mindboggling this stuff can happen in this day and age.

    As this is now a legal matter I ask everyone to be mindful, don't ask for names etc.


    No intention of mentioning names but everyone needs to be more careful where they leave their hard earned goods. It's a disgrace.


  • Closed Accounts Posts: 361 ✭✭Filibuster


    Sounds like it was sold, ask the the garage for compensation.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Filibuster wrote: »
    Sounds like it was sold, ask the the garage for compensation.


    We will try but from what we are hearing there is little point. Best outcome is if we can find the car or whatever is left.


  • Registered Users, Registered Users 2 Posts: 1,897 ✭✭✭Means Of Escape


    furmi wrote: »
    We will try but from what we are hearing there is little point. Best outcome is if we can find the car or whatever is left.

    Unlikely that you will find it.
    Check w tax office and see if any there has been any application to change owner and let them know all the details of the car ie VIN and engine number
    This car will them be red flagged in their system.


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  • Registered Users, Registered Users 2 Posts: 51,363 ✭✭✭✭bazz26


    I'd say that car is already in bits making it hard to trace. Either that or broken up and put in a shipping crate.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Doesn't the law protect the garage or business in these circumstances, it's either 3 or 6mts but if you leave something in a business they can dispose of it after said months.
    Don't think there's a crime here.


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    Doesn't the law protect the garage or business in these circumstances, it's either 3 or 6mts but if you leave something in a business they can dispose of it after said months.
    Don't think there's a crime here.
    You must really be a drunk monkey.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Doesn't the law protect the garage or business in these circumstances, it's either 3 or 6mts but if you leave something in a business they can dispose of it after said months.
    Don't think there's a crime here.

    Don't know but if you were in contact with the garage 2 weeks earlier and offer money and agree for the repairs to be carried out then I doubt it.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Unlikely that you will find it.
    Check w tax office and see if any there has been any application to change owner and let them know all the details of the car ie VIN and engine number
    This car will them be red flagged in their system.


    The Gardai have logged it as STOLEN so if anyone has it then they could be in alot of trouble.


  • Registered Users, Registered Users 2 Posts: 3,964 ✭✭✭Kopparberg Strawberry and Lime


    Definitely tell gardai and report stolen. Etc.

    wonder if it could still be out there on different plates !

    I very highly doubt that car was scrapped !

    But in the meantime change your garage / mechanic !


  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    Definitely tell gardai and report stolen. Etc.

    wonder if it could still be out there on different plates !

    I very highly doubt that car was scrapped !

    But in the meantime change your garage / mechanic !
    Usually either parted out or stripped out and sent out of the EU in boxes.

    I'd wager on the first one tbh. Easiest way of making a quick buck on a car with a dodgy history.


  • Registered Users, Registered Users 2 Posts: 329 ✭✭BlatentCheek


    Doesn't the law protect the garage or business in these circumstances, it's either 3 or 6mts but if you leave something in a business they can dispose of it after said months.
    Don't think there's a crime here.

    That's when it's an unsolicited gift. Different story.
    Anyway improper scrapping of a car is a crime. According to citizensinformation.ie penalties can go up to ten years imprisonment.

    (http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/buying_or_selling_a_vehicle/how_to_dispose_of_an_end_of_life_vehicle.html)


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Thanks to everyone on here. Lots of genuine advice and useful avenues to explore.


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  • Registered Users, Registered Users 2 Posts: 3,964 ✭✭✭Kopparberg Strawberry and Lime


    furmi wrote: »
    Thanks to everyone on here. Lots of genuine advice and useful avenues to explore.

    If I had a spare key for it id carry it around and try it on every car that looked like mine etc.


  • Registered Users, Registered Users 2 Posts: 305 ✭✭B00056718


    Usually either parted out or stripped out and sent out of the EU in boxes.

    I'd wager on the first one tbh. Easiest way of making a quick buck on a car with a dodgy history.

    This most likely.
    I'm from Latvia and I know that used Volvo parts are in high demand. Same goes for Saab, Audi VW and BMW parts.

    I know there are few guys making money in coming over on car transpoter trucks, buying faulty Volvos, BMWs and Saabs and bringing them back to Latvia, Lithuania, Ukraine and Russia to be sold in parts.

    Didnt know there was such a dark side behind it. Usually they would issue end of life certs from the scrap yards in the eastern European countries in exchange for the logbooks, and the guys would declare their activities to their home revenue office.


  • Closed Accounts Posts: 1,586 ✭✭✭V.W.L 11


    My car was unlawfully removed from the drive of my house,crushed and no logbook changed hands,boys in blue said it was a civil matter,it was a 1litre petrol with 64k on it,so in short whether legal or not it can be done


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    That's when it's an unsolicited gift. Different story.
    Anyway improper scrapping of a car is a crime. According to citizensinformation.ie penalties can go up to ten years imprisonment.

    (http://www.citizensinformation.ie/en/travel_and_recreation/motoring_1/buying_or_selling_a_vehicle/how_to_dispose_of_an_end_of_life_vehicle.html)

    Sale of goods act 1893 gives the garage a lien on the car from my interpretation of the law : Part IV "Rights of Unpaid Seller against the Goods" http://www.irishstatutebook.ie/1893/en/act/pub/0071/print.html
    You see in a lot of businesses t's and c's a 90 day time line before your goods are disposed of.
    It would be interesting to see it play out, I'd assume the car was "broken for parts" rather than illegally scrapped.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    furmi wrote: »
    HI all and thanks for the replies

    It was a Volvo V70 2.4 D5 SE. It was 2005 and diesel.

    She used these crowd (foreigners) on 3 occasions for service. No problems and always paid immediately. She was never asked to move the car at any stage and she kept up regular contact. It was a semi automatic transmission and this was where the problem was in the car. The car was outside on gravel and not stored inside and storage charges were never sought or mentioned. She even asked what was the bill to date for ripping the gearbox but was told leave all to the end. She still has the log book and was advised to go the the Gardai which she has since done. She has since found out that she is not alone in this matter.

    What is the colour and number plate of the car?
    Personally I'd say that car is in the EU somewhere, so I'd check out car websites in the Eastern block countries and see what you find.


  • Registered Users, Registered Users 2 Posts: 13,237 ✭✭✭✭djimi


    V.W.L 11 wrote: »
    My car was unlawfully removed from the drive of my house,crushed and no logbook changed hands,boys in blue said it was a civil matter,it was a 1litre petrol with 64k on it,so in short whether legal or not it can be done

    Unlawfully removed by who? How can something that was unlawfully taken from you be a civil matter? :confused:


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  • Registered Users, Registered Users 2 Posts: 5,193 ✭✭✭Cleveland Hot Pocket


    djimi wrote: »
    Unlawfully removed by who? How can something that was unlawfully taken from you be a civil matter? :confused:
    Report it stolen, then it is not a civil matter.


  • Registered Users, Registered Users 2 Posts: 640 ✭✭✭PLUG71


    At the end of the day the car was stolen and its been reported.
    Contact your insurance company and make a claim.
    Unfortunately I can not see you getting the car back at this stage.
    Scumbags!!


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Update

    What appears to be the engine and gearbox of the car has been recovered from these guys premises by Gardai today but the rest of the car is still missing. Someone has alot of questions to answer I'd say.


  • Registered Users, Registered Users 2 Posts: 38,247 ✭✭✭✭Guy:Incognito


    There was something similar , documented on another forum iirc of some girls impreza ( I think) a few year back that went missing and was found about 3/4's dismantled in a garage near the spawell.


  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    There was something similar , documented on another forum iirc of some girls impreza ( I think) a few year back that went missing and was found about 3/4's dismantled in a garage near the spawell.

    I think it was a white evo4 iirc. The pics and all were on the forum, Ill try find a link :)


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  • Moderators, Computer Games Moderators, Social & Fun Moderators Posts: 18,809 Mod ✭✭✭✭Kimbot


    http://www.irishcruisers.com/forum/archive/index.php?t-8569.html

    This is one link i found, DTDIrl is where all the pics and all are :)


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    furmi wrote: »
    Update

    What appears to be the engine and gearbox of the car has been recovered from these guys premises by Gardai today but the rest of the car is still missing. Someone has alot of questions to answer I'd say.

    Do you know if they have been arrested? Glad to see the police have taken it seriously


  • Closed Accounts Posts: 1,586 ✭✭✭V.W.L 11


    djimi wrote: »
    Unlawfully removed by who? How can something that was unlawfully taken from you be a civil matter? :confused:

    I didnt give permission for it to ve removed,a family member did but they weren't the owners of the property therefore had no right to seek its removal,the owner of the property now deceased was fine with it,called the gardai who said that its a civil matter,sure who am i to question a garda


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    bear1 wrote: »
    Do you know if they have been arrested? Glad to see the police have taken it seriously

    Yes in custody as we speak but the less said about that for now the better.


  • Registered Users, Registered Users 2 Posts: 12,866 ✭✭✭✭bear1


    furmi wrote: »
    Yes in custody as we speak but the less said about that for now the better.

    Of course, at least some good news.


  • Registered Users, Registered Users 2 Posts: 2,315 ✭✭✭A-Trak


    There was something similar , documented on another forum iirc of some girls impreza ( I think) a few year back that went missing and was found about 3/4's dismantled in a garage near the spawell.

    Happened to lad here on boards too.
    His classic Merc got lifted and was found stripped down

    http://www.boards.ie/vbulletin/showthread.php?t=2056809023

    Some right feckers out there.


  • Registered Users, Registered Users 2 Posts: 76 ✭✭furmi


    Hi all

    It's over 2 weeks now since some of the parts of the car were recovered. The garage has not opened since and the owner appears to have skipped town. At least one other customer of this place is in the same boat and has a car also missing.


  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    Thanks for the update.

    Mad stuff altogether.


  • Moderators, Society & Culture Moderators Posts: 40,365 Mod ✭✭✭✭Gumbo


    Is the car insured? Just declare it stolen?


  • Registered Users, Registered Users 2 Posts: 19,657 ✭✭✭✭road_high


    It effectively was stolen wasnt it? Did they break it for parts? A 05 volvo would still be worth a few quid, even more to break it up and ship it off to eastern Europe.


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