Bought a Stolen Car without Knowing it

chadders1966

flawless101 wrote: »

I am doing the honest thing by contacting the Insurance Company involved tomorrow and having a heart to heart.

I realise that all cases are different, but I just wanted to tell you that the same thing happened to my brother-in-law. Bought a nearly new Land Rover in a private sale that turned out to be stolen. He dealt direct with the insurance company - they said he could pay a sum (can't remember the amount, around 50% of what he paid I think) and keep it. He said he wasn't happy and after a bit more discussion they said he could keep it. Hope it works out for you.

leeky_bee

A similar thing happened to me. Bought a vehicle through a dealer. Had it less than 3 weeks. Police arrived on doorstep saying it had been previously bought using a cloned credit card and that the legal owner wanted it seizing, but it had been decided to leave it with us as they accepted that we are innocent victims in this. However, I've had to sign a form saying I accept it can be taken at any time and that the condition of leaving it with me is that "I undertake not to alter, damage, sell or otherwise dispose of it but to retain it in its existing condition until...."
:huh: I'm not sure if this means that I can continue to use it (thereby clocking up mileage) and if I do, is my vehicle insurance still valid?

Thankfully I found from this site that because I paid the deposit element via credit card the whole purchase is covered!:T phew

flawless101

Since I posted posted this thread, the case has gone to court but the dealer has done a runner. Actually, not so much a runner but converted his business into a limited Company which now has all his assets with him as a director.

My solicitor is telling me that I need to serve a court junction against the dealer first before I can claim against my credit card company under Section 75.
Does anyone know if this is true??
I thought I could claim against the credit card company at any time.
Any advice would be much appreciated.

hollydays

You could try asking the fsa,but I am sure your solicitor will be correct.

Quentin

flawless101 wrote: »

My solicitor is telling me that I need to serve a court junction against the dealer first before I can claim against my credit card company under Section 75.

You would expect your solicitor will be giving you correct advice, but get him to explain this to you again - you say you need to serve a "court (in?)junction", but you may have misunderstood what was being discussed, as serving an injunction doesn't sound quite right.

hollydays

Or did he mean a county court judgement?

Cardinal-Red

hollydays wrote: »

Maybe the Police are involved with the dealer.I mean they are investigating him.

This could be a very good point. I used to work in an area of law enforcement (not criminal) and when we were dealing with companies we would literally put a bar on all official contact with the company.... so literally tax queries, police, trading standards everybody (except the HSE) would be told to steer clear of them.

Am obviously not saying this is the case here, but it's certainly possible.

For what it's worth, horrible situation you're in.... good luck!

pinkshoes

Flawless, have you still got the car, or was it seized and given back to the insurance?

(ps - thanks for update!)

Tozer

OP - Your solicitor is talking rubbish. There should be no injunctions necessary. Your rights under s.75 are joint and several meaning that you do not need to proceed against the dealer first.

flawless101

Sorry about that. I didn't mean court injunction, I meant county court judgment

I am a bit worried about my solicitor though as he has hinted that he has a conflict of interest to act against the credit card company as the solicitor's firm has acted for the credit card company in the past. That may explain why he won't go after the credit card company. Why he just did not tell me this in the first place is beyond me and I am sure it is not ethical for him to be acting for me.

I had to re buy the car from the insurance company - so I have paid for it twice now !!!!!!

I don't know how some car dealers can sleep at night

One other piece of advice I would ask. is it better for me to go after the credit card company (using Section 75) via the courts or the Financial Ombudsman office ???