Bought a Stolen Car without Knowing it 28 February 2009 at 4:49AM in Consumer rights 31 replies 43.1K views

flawless101

Help !!!!!!!!!!!!
About a year ago I saw a BMW I liked. The car was being sold by a dealer.
I paid a £200 deposit on my credit card and the balance was paid by debit card (over £10,000 in total). Before I bought the car I had a vehicle check carried out including a full vehicle data check (HPI, lost / stolen, on finance etc).

Yesterday I was pulled over by the police and told that the car had been reported stolen before I purchased it from the dealer and that they wanted to take the car back (it had taken the police a year to get the car onto their system). They have left the car with me but have told me that they maybe back to collect it anytime.

I am not too sure how to proceed on this and not too sure what my rights are - hence this post.

1. Do I have to give the car back as I bought it in good faith and had all the relevant checks done?
2. If I have to give it back, do I sue the dealer?
3. As I put the initial deposit down using my credit card, can I claim back the whole amount from my credit card company under Section 75 of the Consumer Credit Act?
4. I have spent a lot of money on the car including £1000 on a 3 year warranty. Can I also claim this money back if I have to give back the car?

Any advice would be much appreciated.

deanos

If the car is stolen then it isnt yours, its either the owners or the insurance companys.

As for the other questions sorry i cant help you

But good luck

churchrat

As it was such a lot of money I would say get some legal help with this. Afraid that the car is not yours, and they can take it back. If you got it from a proper dealer they should have made checks and so yes, you can sue them, they then sue up the line and so on.
Not an easy one to deal with as you have done nothing wrong and may lose your money. Have you contacted your own insurance company?? sometimes they may help
goodluck

GaryS

You state that you had an HPI check carried out.

Was it carried out by HPI, if so they guarantee that the information they provide to you is correct.

Take a look here:

http://www.hpicheck.com/newfrontend/viewTerms.do?page=guaranteeSummary.html

If it was not HPI that carried it out then I would advise contacting Consumer direct or Citizens Advice for help and advice.

Blacksheep1979

You'll have to either chase up whoever did the HPI check for you or the dealer. It's over the limit for small claims so it could get messy/slightly costly - best bet is to speak to the police and confirm their data is correct and if it is, contact a solicitor

hollydays

I wonder how the Police would explain why it wasn't on their system for a year?

Speak to your credit card company now for legal advice.

I am surprised the Police have left the car with you.

blue_monkey_2

Do you have Legal Assistance on your home insurance, if so then this would be the ideal time to use it.

Altarf

flawless101 wrote: »

3. As I put the initial deposit down using my credit card, can I claim back the whole amount from my credit card company under Section 75 of the Consumer Credit Act?

Yes - http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#deposit

maninthestreet

I'm surprised the police didn't seize the car when they stopped you, and maybe even arrest you as well (even though you are an innocent victim yourself).

flawless101

That the dealer sold me the car when it was stolen (but not yet on the HPI register) but the company that owned the car did not report the car as stolen until after I had bought it - it then went on the HPI register as stolen.

The way I look at it, the dealer had no 'legal right' to sell me the car as it was stolen - even if he didn't know it was stolen.

maninthestreet

flawless101 wrote: »

That the dealer sold me the car when it was stolen (but not yet on the HPI register) but the company that owned the car did not report the car as stolen until after I had bought it - it then went on the HPI register as stolen.

The way I look at it, the dealer had no 'legal right' to sell me the car as it was stolen - even if he didn't know it was stolen.

You are quire correct, and you have a strong case against the dealer - but why have the police let you remain in possession of a vehicle known to be stolen? The standard procedure would be to seize the vehicle and arrest the driver and any other occupants of the vehicle.