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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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HI,MY NAME IS***** ,I BOUGHT A CAR FROM A FRIEND ,WHO

Customer Question

HI,MY NAME IS***** ,I BOUGHT A CAR FROM A FRIEND ,WHO DUE TO ILL HEALTH COULD NOT RESTORE IT ,IT WAS AT A FRIEND OF HIS REPAIR GARAGE ,THE GARAGE OWNER HAD DONE PREVIOUS REPAIR TO SAID VECHICLE BUT HAD STOPPED AS HE WAS BUSY WITH OTHER WORK, MY FRIEND INTRUDED ME AS THE NEW OWNER OF SAID VECHICLE TELLING HIM THAT NOONE WOULD COLLECT THE SAID VECHICLE WITHOUT HIM BEING THERE SO THERE WAS NO CONFUSION ABOUT WHO WAS PICKING CAR UP ,GARAGE OWNER AGREED .NO HURRY WAS HIS ANSWER AS CAR HAD SAT THERE FOR YEARS ,NEARLY 2YEARS PASSED,AFTER SEVERAL ATEMPTS TO PICK UP SAID VECHICLE ,I PASSED AND SAID VECHICLE WAS GONE ,I ASKED GARAGE OWNERS SISTER WHO STAYS NEXT TO GARAGE AND SHE SAID IT WAS GONE MONTHS AGO,I PHONED MY FRIEND WHO I BOUGHT THE VECHICLE FROM AND HE PHONE GARAGE OWNER WHO SAID HE GAVE IT AND HELPED A MYSTERIOUS GUY PUT THE SAID VECHICLE ON TO A CAR TRAILER AS HE SAID HE WAS HERE TO PICK IT UP ,HE MADE NO CHECKS ,NO PHONE CALLS TO ME OR MY FRIEND ,TO CHECK THE STORY WAS CORRECT ,EVEN THOUGH MY FRIEND TOLD HAVE NOONE WOULD PICK UP CAR WITHOUT HIM BEING THERE ,ALL THIS WAS REPORTED TO TO POLICE ,WHERE DO I STAND LEGALLY ?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

As you were introduced to the garage owner the vehicle shouldn't have been released to anyone else.

The garage owner has a duty of care to safeguard the vehicle having offered to do so and that offer having been accepted by you.

The garage owner appears to have accepted the blame and you would be able to make a claim to him for your losses arising from the theft of the vehicle. You loss would be the value of the vehicle plus any profit element on a resale value once the car was restored.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.

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