How long am I legally expected to retain this engine and deposit(watch) before being able to dispose of them?
The engine was never with him. The car already had an engine in it when I sold it to him. This was another engine I was preparing for racing. I did work on the engine and was waited two years for him to confirm the specification he wanted. The engine was in my garage and I would not let him have it until he paid the balance as per my statement.
The main point being that I heard nothing from him for two years and then a further three years. How long am I legally obliged to keep the engine for him after he paid a deposit, losing any chance of selling the engine elsewhere. And was I legally entitled to sell the watch after nearly five years waiting.
The engine was valued at approx. £3000 when finished. The watch was valued at £750 and taken as a deposit on the engine, the balance to be paid on completion of the rebuild. I did not have any contact from him for two years and then a further three years, as per my statement - do you have my statement, or is it corrupted? If so, I can re-send it.
Thank you for your help
I couldn't contact him as he had moved from Glasgow to the Midlands soon after he bought the car and I had no contacts for him. He even provided the DVLA with the wrong address on the V5. I had a computer replacement in mid 2011 so lost all my emails.
Yes, he gave me the watch as the deposit, valued at £750, on the engine and yes, the only contact I had from him was an email in May 2011 and in December 2014 when he accused me of stealing the watch and selling it on eBay. I have a formal interview with the local police, under caution, on Wednesday 18th March, so that is why I'm keen to have some answers as to my position.
If this man has any complaint at all, surely it should be a civil matter?
The investigation came from the Wiltshire Police, which is odd because he's from Glasgow and working in the Midlands. I suspect he has a friend or relative in the Wiltshire force.
I hope this helps
thanks for your kind assistance
I would be highly surprised if the police took this any further.
The definition of theft is “the dishonest appropriation of property belonging to another with the intention of permanently depriving. He handed the watch over to you as a deposit for payment for the job that you were doing on the engine. It wasn’t a dishonest appropriation. It was given willingly. Further, he didn’t hand it over to you for safekeeping or as kind of security but as part payment. In that respect, you are entitled to sell the watch unless there was an agreement to the contrary whereby it was just some kind of security deposit.
I understand that it wasn’t a security deposit and that in effect he gave it to you as part payment but that doesn’t necessarily mean that he will not say otherwise. It would come down then to who the police believed but they would have to be certain of his version of events beyond all reasonable doubt and based upon the facts it would be impossible for them to bring a successful prosecution.
Because of the relatively low amount of money involved in the whole scale of things it would be normal for the interview to be carried out by local police at the request of Glasgow police because it is simply not worth the resource of sending officers to Wiltshire from Glasgow.
The police may make something of the fact that you hung onto the watch for a number of years before selling it however that would easily be answered by simply saying that you quite liked it and hung on to it before eventually deciding that you didn’t need it.
After all those years, you are entitled to sell the watch even if it’s held as a deposit and sell the engine to recover your costs BUT you have to give him notice that you are going to do that unless he either collect it and/or pays for it. This is the only bit that is problematical for you, because you had no contact details for him and it’s obviously impractical to hang onto things for ever on the off chance that he one day surfaces from the woodwork. After all, he could actually have been killed or died and you would never know and you would end up hanging onto these items indefinitely so at some stage practicality takes over and I think that you got to that stage. If it ever ends in court all you would need to do is prove that you have made all reasonable attempts to contact him.
If this is going to be any kind of legal matter at all I agree with you that it would be a civil court matter and not a criminal court matter and I think it unlikely that a judge would have any sympathy with him, in the civil court, if he expected you to hang onto things for 5 years.
Can I clarify anything for you?