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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I have an issue with a mobile mechanic. I have paid m up

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Hi, I have an issue with a mobile mechanic. I have paid him for parts up front for him to do the work which he said would take a week. (he took the van to his home address to work on this). He invoiced for £1249.10 which I duly paid. He has had the van for over 4 weeks now and the van is still exactly the same as when he took it i.e. not fixed. He claims to have thrown away the old parts when I asked to see them and has also sent me falsified PayPal receipts which he says where parts for the van (the email he sent still had the links to the parts which he bought which were for a land rover). He has since invoiced again for £570 and told me I wouldn't get the van back unless I paid. When I refused as he hadn't fixed the van and could not produce evidence of the old parts or receipts for the new, he has moved my van from his house and I now do not know where it is. I have written to him and told him I will make a payment under protest (done this morning) and that once this is done he needs to confirm where the van is so I can collect it. He hasn't responded. As all his invoices have been paid and he shouldn't now be holding my van can I call the police to find out where it is?? Can he legally move my van to a location without telling me where it is??
Thank you.
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

So you have paid and he still hasnt told you where it is?
Do you know his address?

Customer: replied 4 months ago.
we have paid and he is not responding to our request to know where the van is. We know his home address as that is where he was working on the van but he has moved the van and we have no idea where to. Can he move he van with out telling us?
Customer: replied 4 months ago.
This is the contents of the letter we sent yesterday. It details pretty much everything to date.For the attention of: Mr Jamie HoleDear Jamie,Re: Façade Concepts Ltd Vehicle Renault Traffic reg PN58OXBWithout Prejudice.We write in respect of our vehicle named above and in particular to the ‘repairs’ that should have been carried out by your company.We confirm the following:
• You diagnosed the fault with our van to be a worn ’shell’ associated with the crankshaft and big end bearings. You verbally indicated to our Jim Small a cost of £450 to carry out the works and that you could get the van collected as soon as we gave you the go ahead. You said the work would take 1 week.
• You confirmed the parts required via a proforma invoice dated 9th May 2016 totalling £1249.10 with no VAT shown.
• FCL paid this proforma on the 13th May 2016 and instructed you to continue with the work. You duly collected the van and took this to what now transpires to be your residential address. We were never informed that you would be carrying out this work at the front of your house on the roadside. The van was spotted by one of our employees on his way home which then raised our concerns.
• You emailed on the 20th May 2016 saying that the engine was ‘removed and stripped down’ was beyond economical repair due to iron filings. You attached photos none of which showed the engine removed or stripped down. In my response I questioned that surely if the engine is being removed and stripped down then the iron filings would be cleaned out. You didn’t respond.
• In my same response I asked if you have spent the money we paid on proforma (you had this money for a week by this point) and that if you had the parts could be taken back. You failed to respond.
• After discovering the van was being worked on at the roadside in front of your house, and not how we would expect an engine rebuild to be carried out, we tried to contact you many times to find out the state of play with the van. You didn’t respond. We eventually visited your house to find out what was going on.
• On the 31st May 2015 you confirmed ‘parts here’ in a text message. You confirmed you would have it repaired by Friday 3rd June.
• You called on Thursday and said you need the weekend to get the work finished to which I agreed and said we would collect on Monday 6th June. I text you on Monday 6th June at 17:24pm asking how the van was coming along as I hadn’t heard from you.
• You replied to say ‘All done’. You also said you needed to take the van for a ‘good drive’. We are not sure why this had to happen if you already confirmed you had it running to temperature.
• I text on the 6th June asking to collect the van on the 7th June. At 22:56pm you confirmed this was OK and that you would send an invoice over.
• I text on the 7th June to confirm we never received an invoice and that we need to collect the van. You text back twice saying this would be done. It never arrived.
• You text on 8th June at 08:55am saying the van was broken again. I met you at your house at around 11am and you showed me a crankshaft that you said was from our van. The van was unlocked, had no battery connected (this was in the back) and the underside plastic protection was off the vehicle. You claimed to have run the van the night before but the front disc brakes were still rusty from where the van had sat at your house for 4 weeks. You could not show us anymore parts other than the old crankshaft.
• I called you later on 8th June and asked to see the replaced old parts and the invoices for the new parts. You said you would ‘scan’ the receipts for the parts and email over. I asked again on the 10th June and you confirmed they had been sent. I told you again that nothing had been received. I gave you a further email address to send to. Still nothing arrived.
• On the 11th June I told you we would be down to collect the van and that I wanted to see all the old parts. You replied saying that had all been thrown away and that you would get your wife to send the receipts for the new parts.
• You sent an email on the 11th June at 23:07pm which was a ‘PayPal receipt’ which you say prove you bought parts through eBay. You had deleted the eBay item numbers. The email still carried the links to the parts you bought which were all for Land Rover and not our van. You had doctored this email to try and show parts for a Renault Traffic van but you had failed to realise the links still existed in the email.
• A further email was received on 12th June 2016 at 09:38am with an invoice attached. This invoice was for works to the engine at £450, fixing of an EGR unit at £50 and collection of the van at £70. At no point before this were we informed of works to an EGR unit or that we were to be charged for the collection of the van. The invoice is dated 9th June however you text on the 7th June and said you had already sent it and would ‘send again shortly’.
• We asked you numerous times for proof o
Expert:  Ash replied 4 months ago.

No. Also you should go to the Police and report this.

This could be fraud by false representation, he is representing he has fixed your van and he has not.

The alternative is to get a Court order which you can do today on an emergency basis.

You would need to complete forms N1:

And N16a:

A Judge can see you and decide whether to grant an order making him deliver it back up.

If the Court does and he does not then this is contempt of Court which he can be warned, fined or sent to prison
Can I clarify anything for you about this today please?

Customer: replied 4 months ago.
The last part of our letter• We asked you numerous times for proof of the parts for our van actually being bought and you have not managed to do this. You refused to give us the eBay item numbers to be able to trace these back. This we believe is due to the fact that the parts were never bought and in fact you have kept our money £1249.10. As a VAT registered company we are entitle to ask for the VAT to be shown on all invoices to ourselves. You have refused to provide us with this information for our VAT returns.
• In addition you have now moved our van from your house so we not aware of where our property is. You are refusing to release our van unless we pay the outstanding invoice totalling £570 no VAT.Take note that this letter is to inform you we will be making a ‘Payment under Protest’ in order to release our property. This will be done on Wednesday 14th June by 9am. You will then be required to furnish us with the location of the van so that we are able to collect.
Yours faithfullyMatthew Small
On behalf of Façade Concepts Limited
Expert:  Ash replied 4 months ago.

Can you see the above? Alex

Customer: replied 4 months ago.
just seen it.
Expert:  Ash replied 4 months ago.

Can I clarify anything else for you? Alex

Customer: replied 4 months ago.
Maybe a silly question but should I call the 911 police number or actually go to the station?
Expert:  Ash replied 4 months ago.

Station - its not a life or death emergency so you shouldnt call that line

Does that clarify? Alex

Customer: replied 4 months ago.
I think so. Thank you.
Expert:  Ash replied 4 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
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Experience: Solicitor with 5+ years experience
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