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paul55
Luxembourg
728 Posts |
 Posted - 11/01/2018 : 22:41:26
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Hello everyone.
Some time ago I gave my K block to a well-known Leicestershire based engine block crack tester and repairer to be checked. Due to serious health issues and house moving there was a delay in getting back to the company to check the progress. When I did get back to them, I was told that it had been given away, but they couldn’t remember who to exactly. To say I was upset with this was an understatement, as the company in question had my email address, mobile and home phone numbers and home address. They had made no attempt to contact me at all. So now I am curious to see if anyone has any idea where my block could be. The photo below is of the engine block stamping. So if anyone knows anything, can they please let me know.
Thanks,
Paul.
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ja.mcnab
United Kingdom
204 Posts |
Posted - 12/01/2018 : 09:33:33
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| It would appear that you would have a clear case to sue the company for the cost of a replacement block. |
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Ian Bowers
United Kingdom
937 Posts |
Posted - 12/01/2018 : 10:25:01
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Failed 'Duty of Care', compensation for loss arising etc.
Ian Bowers
OD 6791
J3 3772 |
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Gordon
United Kingdom
689 Posts |
Posted - 12/01/2018 : 11:05:32
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Suggest you get a record of all calls and emails for the period to prove they did not attempt to contact you.
Gordon
ex owner of PB 0331, MG4473
Derby |
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paul55
Luxembourg
728 Posts |
Posted - 12/01/2018 : 11:17:14
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Thanks for the advise guys, and I have considered this but I just can't do with the stress of it, plus I never asked for any kind of receipt when I handed my block over. As it was what I thought was a reputable company, I didn't think that I needed one. So it's my word against his that I ever gave it to him as far as I can see. On top of this, my email system crashed and I lost all of my email correspondence with them, so stuck really. But then how can you put a price on an original K block, replacements are around £2K I guess, but can you add anything on for the history?
My original post was only to try to see if it's still around, and who's hands it's passed through to get there.
Paul. |
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MG Maverick
United Kingdom
1045 Posts |
Posted - 12/01/2018 : 12:30:05
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I had a similar situation with a ' restoration company ' that acted in a similar fashion. They had zero assets and money, limited liability, I did manage to get them shut down eventually with the involvement of trading standards, but not easy and long winded. Lots of folk lost various items when the company was closed. ( Note : MGs were not involved, I represented another car club on behalf of some members who were affected ).
Chris
J2353
J4129 |
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paul55
Luxembourg
728 Posts |
Posted - 12/01/2018 : 13:08:40
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I see what you mean Chris, but I don't want to close anyone down, just my block back..or at least to know where it is now and how it got to be there. Although after saying this I do feel that I have been very badly treated by this company and would warn anyone dealing with them..or at least if they did to be very very careful. Due to Forum rules which I agree with, I cannot name the company in question, but if anyone can't work out who they are, then just drop me a mail directly and I can explain. But I would like to say that just about all the MG traders/dealers who I have dealt with over the years, are 100% genuine nice people, and nearly all of what they do is on trust with the individual enthusiast, but as in life there is always the bad apple.
Paul. |
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Richard Hardy
United Kingdom
2138 Posts |
Posted - 12/01/2018 : 20:47:41
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I cannot see why you would be breaching any Forum rules by naming such a company as the company themselves openly admit that they have given your property away.
I think enthusiasts would generally appreciate being warned of any company acting in this way.
I suspect this K2 block will re-surface in the fulness of time
Rich
Vintage MG Parts |
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sullivan
USA
423 Posts |
Posted - 12/01/2018 : 21:14:21
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So
It would seem dubious that a specialist who knows what they have"gave away" a very rare and valuable block. Suspect this is why they "cannot remember "to whom it went.
Brian W Sullivan |
Edited by - sullivan on 12/01/2018 21:15:32 |
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correlejco
United Kingdom
251 Posts |
Posted - 13/01/2018 : 22:49:50
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Paul - I sympathise with you.
You gave the block to them to be checked. There was a delay (maybe your fault). They almost certainly sold it (an act of criminal irresponsibility).
They probably thought you had forgotten about it, had died, or lost interest. Does not matter. As Ian says, they have a 'duty of care' for your property. Ask for your item to be returned, or for compensation (£3000? - get a figure from a third party, here on the forum).
If they refuse, tell them you will take them to the 'Small Claims Court' in the UK. Fill in the forms (all online), wait a long time, and most often, the defendant settles the claim just before the court hearing, or makes an offer. And so they should - you are entitled to some compensation.
Most traders are honest, helpful and vital to our hobby - but I'm sure we all wish to see the few dubious traders brought to justice. Good luck!
John - 1934 NA0492 |
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Ian Bowers
United Kingdom
937 Posts |
Posted - 14/01/2018 : 08:14:07
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From personal experience, I have found that completing the Small Claims Court forms and sending a copy to the miscreant, threatening to start action if no payment is received, can produce payment in many cases.
Also worth a little time on the Companies House - BETA web site to find the name of the Directors; sending a copy of the claim to all the Directors at their address can encourage a positive response. You may want to set up a parallel claim against the senior (largest shareholding) Director on a personal basis since it costs nothing at this stage. Whilst you are there read their accounts to see how good their reserves are.
Ian Bowers
OD 6791
J3 3772 |
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John James
United Kingdom
960 Posts |
Posted - 14/01/2018 : 08:32:53
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I have used the threat of the Small Claims Court on a previous occasion with success.
I am also aware (through my T-Type contacts)of a recent success, following my advice.
A possible problem is the lodgement of a claim from outside of the UK.
JOHN JAMES |
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Cooperman
United Kingdom
752 Posts |
Posted - 14/01/2018 : 09:28:17
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I have found the Small Claims Court very easy to use. On one occasion I sent a copy of the claim to the chap who owed me money and had a cheque back by return, later my accountant pointed out that he had paid the court fee as well, which I hadn't paid. Can't remember what I did, paid him back or not.
John Cooper M 628 |
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MG Maverick
United Kingdom
1045 Posts |
Posted - 14/01/2018 : 10:07:47
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before any legal action, first assess that the company have assets that are accessable, if they have none then your claim will be given if proven, but unenforceable. Hence my previous post.
Chris
J2353
J4129 |
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sam christie
United Kingdom
3056 Posts |
Posted - 14/01/2018 : 13:14:56
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If a business carries out work on something and the owner does not return in a 'reasonable time' to collect the item and pay for the work what is the legal position? One would think the first action of a good business would be to contact the owner.
Are there so many K blocks that this one is unlikely to turn up again? Perhaps someone on this Forum already has at least an inkling about the current whereabouts of 596 A 69 K2?
Sam |
Edited by - sam christie on 14/01/2018 13:15:43 |
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Westbury
United Kingdom
1949 Posts |
Posted - 14/01/2018 : 15:20:26
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Sam,
I would hope that whoever is now in possession of this block at least was unaware of the circumstances of its availability when he/she obtained it.
Otherwise we now have two offending parties !
Any person who reads this Topic and has any knowledge should now contact Paul either directly or through the Forum without further delay.
Chris. |
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