Unauthorised Sale of my Car by Mechanic

Good morning all and thanks in advance for any help you can provide me. If I could request your answers please cite legislation/common law/case law that would be great. I’m in NSW.

Q1: What enquires and who with, would the server of a legal document or letter of demand/intention of property sale (my vehicle), be expected by a court/tribunal to undertake, to verify my address? Also successful service.

Q2: Can a mechanic sell my car without permission or knowledge if there is a perceived unpaid debt?

Q3: In NSW, what are the best avenues to undertake civil action including obtaining the legal advice given to a client (the mechanic)?

Q4: How do I track where the engine might be? Will the RMS assist?

Q5: If the mechanic acted illegally, can the buyer of my car be liable as well as the mechanic?

The story: In mid 2018 after calling my mechanic and him telling me to bring my car in that day, which I had towed in, it took him more than six months to look at it, citing he needed a diagnostic tool which he would get, and subsequently figure out what was wrong. That was all the work I authorised, which would take approx five minutes in labour diagnosis time - I was expecting to pay an hour’s labour so no big deal there. The mechanic has my phone number, email and a past address from 2018 which he got off a previous invoice from another car of mine he had worked on.

After this initial six months, he called me to say that the car was ready and several other issues had been identified, and the necessary repairs completed. This was done without my knowledge or permission. I asked for an invoice to be emailed to me, which I never received, so I let the car sit at the mechanic’s until I received it, as I needed it in writing if I intended to question the unauthorised works, and also for my service records.

After about a further year went past (at that time 18mths total at the mechanic) and the invoice never came (little did I know it had been sold around April 2019). I emailed him a few times without a response.

A few days ago decided to go to the workshop in person to see what the situation was. He told me that he had sold my car “to a guy on Facebook for $660”. All this without my knowledge and no correspondence received by me to that effect. The value of the car is about $10,000 and it was in possession of the mechanic for a total of about 10 months before being sold.

He told me that he had received legal advice, and had hand delivered two letters (unknown content) to my address. I enquired about the address and he stated an address I haven’t lived at for almost two years. As a result I had no idea of his intentions and have received no correspondence.

Thanks for reading.

Comments

      • As a random internet user, I agree that would be entertaining. Unfortunately I’m involved which sux 😆

      • +1

        https://www.ozbargain.com.au/comment/8676944/redir

        Some history between you @pegaxs and @jimboid

        • Hahahaha… that guy…

          For his question 4, he should just use that car facts site he was so keen on to track the engine number. I mean, they do have a full list of every odometer reading. He should be able to do a report on his engine and see if they have done and miles on it. See if he can get it back before they do…

        • Oh wow… Well, that's shady…

          What ended up happening with the Yaris OP?

          What did your boss have to say?

  • +7

    You left a car at the mechanic for almost two years? Really, like really? It's like trying to get back with your girlfriend after separating two years earlier - sending her drunken texts to get back once or so every second month in between doesn't count - forget about it.

  • -1

    If the car wasnt registered then it would be fair game.

    • -1

      Source please?

      • +2

        If the car wasnt registered then it would be fair game.

        Source is right above your reply.

      • RMS site

    • +1

      A registered vehicle doesn’t mean ownership. It is used to identify the registered operator.

    • Registration of a car does not legally define ownership. I can sell my car to you and it contractually becomes your property when you pay me and I give you the keys, even if you don't get around to lodging new registration details for a while.

  • +28

    I have the solution for you. Check for my response in two years time.

    • +4

      I’ll wait - been known to do it before apparently 😜

    • +1

      Meanwhile, don’t sell the solution to someone. Thanks

  • I’d say it’s probably bad luck unfortunately. The car doesn’t seem to be worth much if you need to part it out to get any value out of it.

    Lawyer will probably cost more than the cars worth so unless it has a lot of sentimental value ( which it can’t because you forgot about it for over 12 months) just cut your losses. Who knows what has happened with the car now maybe it’s been parted out already…

    If the car was worth anything to you I am sure you would have followed it up 12 months ago.

    I bet the mechanic sold it for more than $600. Wouldn’t be worth their while other wise. Maybe that’s your only avenue. Try and claw back some of their sale price. How you do that I dunno…

  • Is the car worth $10k because you remembered the boot was full of face masks, hand sanitiser and TP?

  • +1

    Just curious, what was the brand and model of the car that was worth $10k one year and $660 the next year?

    • +2

      Normally the answer here is Holden Cruze.

      In a Covid-19 world the answer is Corona.

      • Holden Captiva is also acceptable.

  • +5

    Bet this thread didn't go the way you'd planned OP

      • +4

        Hey what type of car did you say it was?

        • -6

          How does that help, may I ask?

          • +14

            @[Deactivated]: It's a glaringly omitted fact that calls into question your statement about the value of the vehicle.
            The fact that it sat on the street for so long without getting nicked indicates it very likely isn't worth $10k.

              • +11

                @[Deactivated]: The value of the Car is actually critically important in this and hence what type of car. The Value affects how the mechanic must proceed legally.

          • +5

            @[Deactivated]: Simple the $10K argument and also your credibility. Why wont you answer this question asked many times?

            In the meantime you spend hours wondering why people think you are a troll

              • +5

                @[Deactivated]: You said you were citing sources, so cite your source that the car is worth $10k.

              • +9

                @[Deactivated]: People can’t supply “factual and valuable” information if you are withholding the crucial part of the puzzle.

                The value of the vehicle absolutely has something to do with this, as the law has three seperate distinctions when it comes to what the bailor must do. Under $100, $100 to $5,000 and over $5,000… And it is not the value you put on the vehicle, it is what the market determines is the value of the vehicle, otherwise you could just say “it was my car and I value it at $500,000…”

                All of this could be for naught if you come out and say it’s a 1998 Bombodoor…

                • +4

                  @pegaxs: OP is trolling, don't even bother waiting for a proper reply.

  • +7

    Still awaiting a reply or comment as to what this car was?

      • +1

        When that? After you follow up with the lawyer?

        • Realistically ZERO will happen from here. OP will have to spend money to attempt to recover their vehicle (lawyers don't work for free) and in all reality will procrastinate for 6 months, possibly make a phone call to the mechanic saying he is going to lawyer up and then do absolutely nothing.

  • +2

    Whats the car btw and how long have u had it in your possession? The car matters to ascertaining if u can or can't proceed with any legal ramifications.

  • +15

    The fact is that you've started this thread with the hopes of getting some form of opinion or fact, about how to move forward with your issue.

    Several people have asked about the make and model of your vehicle, but you won't disclose that information, and have also mentioned that your question could be treated as a "hypothetical" one.

    To expect answers, whilst withholding important information, makes things quite difficult.

    In that case, my opinion is that your 1987 Holden Camira is worth the amount of spare change beneath the rear seat, and you should be grateful for the "mechanic" selling it on behalf of the bill you owed.

    You're welcome.

  • +4

    Good god you better keep all your possessions out in plain sight if you can manage to forget a whole car for that many months!

  • +2

    the amount of dislikes on this troll post is crazy!

  • -1

    What happened to the $660? Did the mechanic give it to you or keep it for himself?

    • +6

      Why would he give it to OP? It was money owed to him for work on the car.

  • So you abandoned your car at the mechanics and expected them to fix it and hold it until you felt bothered to pick it up years later?
    Whats the law say? Finders keepers i reckon.

  • +5
  • First post by OP, and a doozie.

  • +1

    Was insurance (seems an optional purchase at best on ozb) and rego current or paid?
    So for lets call it 2 years you paid those (no inspection needed on the car for rego and insurance to be able to be processed??? seems suss).
    Thats a huge no no in the ozb world, paying for things you dont use?!

  • +1

    Just posting this comment, ill check back in a few years and reply then.

  • +1

    Council probably had the unregistered car towed to the wreckers?

  • +2

    I doubt any one has asked but….

    What type of car was it?

    ***walks away whistling ***

  • +3

    I bought a car on marketplace for 660 around that time from a mechanic. What was your car OP?

    • +1

      What type of car was it? Oh wait, I guess that won't help narrow it down.

  • +3

    How did this shite post from OP not just get removed as spam by the mods instantly ?

    • +7

      Mods can appreciate a fine troll.

      • They savour troll posts.

      • Almost as much as we do.

  • +1

    *joins in march 2020

    *remembers in May 2020 has a car missing

    *asks bargain forum for legal advice

    comedy silver

  • +7

    "If I could request your answers please cite legislation/common law/case law"

    Sounds either like a law exam or something you should ask your lawyer.

  • +2

    This is a joke post right. Just to keep things going.
    Hahahaha
    I couldn't help myself. The best part about ozbargain is that a majority of its members see straight through the layer of BS in this world.

    Just for laughs:

    Q1: What enquires and who with - please don't waste anyone else's time.

    Q2: Can a mechanic sell my car? Yes and according to your story, mechanic already sold Your car. So totally unnecessary question.

    Q3: you taking civil action - the mechanic is going to eat you for dinner, or at least whatever left of you considering there wasn't much to begin with.

    Q4: Tracking the engine number. Seriously. What are you CSI. Let go. A serious portion of your life has passed. You gonna to tack the engine number. Probably engraved on someone's oven after the metal of your car was recycled.

    Q5: you want to start a beef with someone else in this world. Haha and someone who thinks a 660 dollar car is a good idea.

    Enjoy…..

    Tks for the entertainment.

  • +2

    Were you friends with your mechanic?

    I know of plenty of people who get buddy buddy with their mechanic, take their project car to the garage and boom, 2 years later it's still there, getting worked on every now and then.

    For someone with several vehicles and a good relationship with their mechanic, it's not a big stretch to see how this happened.

    Obviously in hindsight you could have done more, but that doesn't make it ok for the mechanic to get rid of your car.

    See if you are able to report it as stolen.

    Realistically though, it sounds like your only option is to seek compensation for the value of the car at the time it was sold, minus the repair bill.

    Good luck to you!

    • For someone good friends with the mechanic, the whole ‘won’t pay the bill’ bit and the ‘didnt contact me’ bit don’t make sense.

    • +1

      I would mostly agree with you…

      Except I would say he should only be able to seek compensation for:

      • Value of car prior to repair (mechanic was not paid for repairs so repaired value should be ignored). I.e. An unregistered non working car that requires towing to move.
      • Minus a reasonable cost of storage of a car for 18 months.
  • +1

    Either you are an extreme Darwin award winner or this is a troll post.

    Who in their right mind would leave their car in the hands of a clearly dodgy mechanic for so long?

    • +2

      It's a great troll, but let's pretend its real for a second…. Is it likely a mechanic isn't simply going to ring the customer (if they had the correct number) to follow up on an unpaid invoice (regardless as to whether emailed correctly or not)? Is it more likely that a disgruntled customer with alternative forms of transport might ignore a mechanic outright for 'unauthorised work' to teach him a lesson, then get the shits when they finally realise the car is long gone?

      • +6

        More than likely, OP and the mechanic had "words" about the "unauthorized repairs" and when OP demanded a written invoice the mechanic sent a paper copy to the "old" address, followed by letters of demand or whatever other notices when payment wasn't received. Not surprising that there would be no phone call if OP was acting belligerently from the outset.

        • Yep, when things go south, all correspondence is written, makes it much easier if it needs to go before the courts.

  • +1

    I look forward to hearing the outcome when the OP updates us in 18 months.

  • He has every right to sell your car.

    Huge signs, though not necessary, at every mechanic.

    You should also be charged a bill for storage, rent ain't cheap, and also a bill of inconveniencing the mechanic for having your car in the way.

  • So OP. What are you going to do for each of your questions? I think there has been some reasonable responses, and more than enough advice.

  • +6

    If you want my completely emotionally, factless reponse…

    Drop it. Any lawyer would see a mile away that you're a sucker with more money than sense. They'll get their $10k pound of flesh from you without needing to do anything. Hell, he'll probably sell your house as you wouldn't notice until 18 months later.

  • +1

    Mod's need to take down this discussion and suspend the OP's account. This whole discussion sounds bullshit and you would have to be pretty stupid to do something like this. OP is so lazy to pickup his car but wants to spend a considerable amount of time and money pursuing civil action?

  • OP, what year/type of car was it?…..crickets…..

  • Why is it so hard to say what the vehicle make and model is?

    • +3

      because none of this happened

    • +1

      Wouldnt it be a massive coincidence…. nah - it'd be unlikely even if OP fudged some of the details of the issue and the value of the car.

      I'm going to have a wild guess and say the car was abandoned in the Hurstville area of Sydney. I've seen one abandoned at a mechanic over a dispute to pay the bill. The car could no longer work without this part (cant remember what it exactly but it wasn't something super cheap). The mechanic removed the part that they replaced in an attempt to recoup money after a while but he would have not received any money for the work involved so he left the car outside the workshop after a few weeks. About 6 months later at my next service, the car was still there taking up space. I felt sorry for the mechanic. I asked the mechanic if he could sell it to recoup the costs and he said there are many things wrong with it and not even worth the money owned to him. The customer had bought the car shortly before the service and didn't realise what a lemon they bought.

      Don't think there's any way the car I've seen was worth $10k. The car I've seen was worth $1k-$2k if the exterior was in good condition and this wasn't and didnt have many mechanical and electrical things wrong with it. It was also quite a bit older than 10 years.

  • +1

    Pay your bills moron. I dont gamble but even I would put money this guy was trying to get you to pay up for months before finally having enough and selling it on you.

    Hes not a free storage yard, and like you he needs money to pay his own bills and support his family. If you didnt want to pay your bill in over 12 months - good luck now.

  • +1

    Hypothetically what type of car was this?

    • +2

      Hypothetically, it was a Lamborghini Gallardo Squadra Corse…

    • My guess is something Euro (perhaps diesel) or a 1985 Holden Commodore

  • I recommend a current affairx Tracey would love for you to come for a live interview

  • so I let the car sit at the mechanic’s until I received it

    I'm no expert, but I would classify this as a stupid move on your part. And he had your old address, at what point were you going to provide your latest address?

    What car was it, so we can gauge if it's worth closer to $660 or $10K.

  • As far as I'm concerned this entire thread is utter bullshit. No one leaves a car with a mechanic for that long, period.

  • at least take sometime to come up with a better story… after all you took 2 years to visit your mechanic who happened to have your 10k car…

  • It is actually funny that people are feeding this troll still..

    Your logic doesn't even make sense.

    Did you also know that just because you send an email it also doesn't mean the other end will receive it? There are many reasons why email could go missing, or it could actually be missed by the person etc.

    Never assume someone will read an email and that it is received until you get a response.

  • 18 months? Your mechanic didn't have ADD did he?

    I met this mechanic once, real smart guy. I asked him why he didn't go to uni but he just said something about engines calms him down…

  • Here this should answer your main question of can they

    https://www.fairtrading.nsw.gov.au/trades-and-businesses/bus…

  • +8

    Guys i lined up at Mcdonalds the other day and placed an order. However since i had already just ate, i didnt need the food so i left. I then remembered 2 weeks later and asked where my burger was, they gave it to someone else!

    What are my options now? Its been 7 years now but i now feel like pursuing it again.

    • Burgergate™

    • +6

      I experienced a similar thing… I ordered my burger, but was told there was a wait on the special pickles. Six months later, they got the pickles in and made up my burger. I told them I wasn’t hungry, but they made it up anyway…

      Well, today I was hungry and I remembered they owed me that burger from 18months ago, so I went in to collect it. They sold it! THEY SOLD IT!

      I asked to speak to the manager, but they just said “take it up with OzBargain…”

      • +1

        Pickles don't belong in burgers. Joke on you.

        • +2

          I didn't want the pickles!! I asked them not to put the pickles on. I just wanted them to diagnose the burger and told them, don't put the pickles on, I don't want pickles, but they did it anyway. I just asked them for the invoice for the burger and they sent it to my old house… I shouldn't have to pay for the pickles, I didn't want the pickles…

          • +1

            @pegaxs: I really want to side with you, fellow ozbargainer, I really do but how can I when you won't tell us anything about your burger? Who made and when did you buy it? There's no way a 10+ year old HJ cheeseburger is worth $10k , with or without pickles :(

            • +1

              @[Deactivated]: I cant tell you what burger it was or who makes them, it's just a hypothetical burger. Treat it as hypothetical. It was at least a $10 burger and I've been buying the same burgers now for over 10 years.

              They ended up leaving my burger out on the footpath and when I didn't come and collect it, I got a littering fine in the mail from the council. How could I come and pick it up? They put the pickles on it when I asked them not to and then refused to send me the receipt…

              • +2

                @pegaxs: Now I'm beginning to question if you even had a burger in the first place. You created your ozbargain account around the time lots of people were losing their jobs. Could you be a troll who made up the whole thing out of boredom? If that is the case, I'm not complaining- I'm always up for some free entertainment and have a pantry-full of popcorn. You could have gone to reddit but you choose us and for that I thank you.

  • You need some serious mental help

    • +4

      the guy has literally spent more time energy and words IN THIS THREAD that he ever did talking to his mechanic and trying to keep his car.

      That's the sad truth. I think his mechanic has some explaining to do but really I dont blame him for not wasting any more time on this character… in the end he has bills rent wages to pay and wasting time with customers like this is hopefully a once in a lifetime event.

      I like to think this guy has left his mental and organisational issues behind but I"m an enternal optimist.

  • OP, did you ever send the mechanic a reminder when he allegedly didn't reply to your email requesting an invoice? Do you still have the same email address?

  • OP gone cold.

    • Hope the mechanic didn't have anything to do with it…

      • Nah. He already got his holding and repair costs back. Nothing gets past the OZbers. I know all about that. Some posters can be harsh, but I think most are all trying to help if info provided by OP to make a proper assessment of situation. This one just stinks.

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