Logbooks Question

[Lomcovaks]

I wonder if some kind and knowledgeable souls could offer me some advice?

I bought my aircraft seven years ago and took it to my then engineering company for maintenance.

At the request of the owner, and with their assurances of safekeeping, I deposited the aircraft's complete set of logbooks with them. They used these to compile a statement of conformity for the ADs applying to the airframe, engine and accessories.

Over a period of time I became aware that they were charging a 1st class price and delivering a 3rd class service. I switched engineering maintenance facilities.

About a year and a half ago I retrieved the current logbooks. The engine is low time and the airframe logbook dates back to 1993. They informed me that the historical logbooks were in storage.

Yesterday, I telephoned them and said that I'd like to visit and collect my remaining logbooks. When I arrived they informed me that they couldn't find the logbooks. They showed me the storage for the logbooks and the archive area where the job sheets for my aircraft were held but there were no logbooks. They showed no inclination to find my property.

I am hoping that someone knowledgeable in these matters will be able to advise me on the most appropriate way to proceed to reclaim my aircraft's logbooks?

I am most concerned for the point at which I may wish to sell and I won't be able to show any interested party the aircraft's complete history and thus there will be an impact upon the price I will be able to achieve.

I'm considering sending a solicitor's letter or informing them that I will take them to the small claims court to recover the loss in value as they have failed in their duty of care to protect my property.

What also is the legal implication for not having the entire series of logbooks?

Any advice from legal eagles or maintenance engineers gratefully received.

I might add that there is no other dispute and I was an exemplary client in always paying my account promptly.

[SNS3Guppy]

I might add that there is no other dispute and I was an exemplary client in always paying my account promptly.


The last line would have been my first question, and is an important element to your problem. Very often the only leverage a mechanic (or engineer, as you will) has for payment is retention of the aircraft or logs...and logs are easier to secure than aircraft. In your case, there's no valid reason for the firm to keep them. If indeed they've lost them, then you've got a dillema. While you may have statements showing conformity with applicable airworthiness directives, service bulletins, etc, you still don't have the record of maintenance. This can seriously devalue the airframe and powerplant when it comes time to sell.

You're probably in a position where you're going to need to take legal action, and you may very well be in a position to seek monetary damages for any loss of value to your aircraft. You're best advised to consult an attorney who deals with aircraft and aviation law.

[BRL]

I would also advise you not to give any more details here as they may use that against you.

Good Luck. :)