legal help regarding vehicle swapping?

hewhoisnotintheknow

hope it all works out for you

Lemonade_Pockets

Bollox to him then, if he was genuine then he'd be playing Mr nice guy.

Ring Citizens Advice in the morning see if they have anything to add, i expect they have come accross similar scenarios, might be worth asking the same of the police. Protect and serve is their remit after all.

Hope it works out ok.

rooster11

Just got off the phone to the police, they say it's a cival matter unless he turns up and gets nasty.

I told them that he is turning up and he sounds nasty, they say he has to take it through court to get the vehicle back and it's down to the court to decided.

pulliptears

do you have a crook lock? May be wise to use another method of securing the vehicle in the mean time just in case he does have a spare key. Some Tesco Extra's sell this type of thing so you may be able to pick one up tonight.

rooster11

The car is long gone now!

and will not return untill he is gone for 24hrs

pulliptears wrote: »

do you have a crook lock? May be wise to use another method of securing the vehicle in the mean time just in case he does have a spare key. Some Tesco Extra's sell this type of thing so you may be able to pick one up tonight.

pulliptears

rooster11 wrote: »

The car is long gone now!

and will not return untill he is gone for 24hrs

Thats good. Good luck, keep us updated!

rooster11

the email that I sent him -

I have been advised by the police that this is a civil matter and to do some reasearch before making your way down here, I have done some reaserch and some information is below, I have also been advised that we will have to go to court if an agreement can not be reached.
As I am having problems speaking to you over the phone, I have put this in writing.
dca./civil/cjustfr

Private Swap Legal Rights
This is considerably cheaper than purchasing from a dealer but there is a higher risk element. The general rule relating to private swaps is 'let the buyer beware'. In other words if you are swapping a vehicle from a private individual it is up to you to ask all the questions to determine the history of the the vehicle, and to inspect the vehicle, or to arrange an inspection of the vehicle to confirm its condition. It is recommended that a history check be performed on the vehicle to avoid difficulties at a later date.

Your rights
The swapper must not miss-describe or misrepresent the vehicle, As above the description must have been made prior to the swap and must have been a factor in deciding to swap cars. IF IN DOUBT DO NOT SWAP. As you can see the usual rights that you expect from a dealer are not applicable and there is usually little that can be done about a car that has developed a defect after a swap.
Avoid becoming a victim of car crime





If you are swapping a vehicle privately and it is later identified as having been stolen you may have no right in law to its ownership. Follow these practical steps to help avoid becoming a victim of car crime, and remember to inform DVLA of any changes in vehicle ownership, registration details or driver details.

• View the vehicle at the address shown on the registration document.
• Ask the swapper for proof of identity - make sure the person swapping the vehicle has the right to do so.
• Check the vehicle identification number (VIN) corresponds with the number on the registration document. This number can usually be found on a metal plate under the bonnet.
• If the VIN plate has been removed, ask why!
• Never hand over cash, and be wary of swappers who only contact you via a mobile phone, as they are virtually untraceable.
• Check the mileage reading corresponds with the service history and past owners.
• Check if the vehicle has been seriously damaged, notified as stolen or is subject to outstanding finance.
• Be sure before you swap - if in doubt walk away.

Regards

Lemonade_Pockets

I would say threatening to come and take the car whether you like it or not is theft and therefore a criminal matter anyway.

Re: Contract law to summise as simply as i can muster at this hour.

The elements that must be present in order to form a valid contract:

The mutual intention to be legally bound by the agreement. Unless he's medically insane then yes

Agreement: Offer and acceptance. According to your description of events this has definitely happened

Both parties must provide some consideration. I.e. both parties must contribute something of value to the contract. In this case 1 car in exchange for another car.

Performance of the contract: You both have swapped cars the contract is now complete

End of as far as i'm concerned. Now i'm not legally trained but i struggle to see how a court would rule otherwise
N.b. For civil claims the court rules on balance of probabilities i.e. who the Magistrate believes.

This type of contract need not be evidenced in writing but the fact that you have exchanged and presumably signed over log books would probably be enough.

Obviously none of this helps if he turns up and starts being nasty, but legally i personally think you have every right to stand your ground and tell him to sod off.

rooster11

Lemon pockets, you have been a great help to me and my partner, we shall see what happeneds today, my partners brother will be spending most of the day with her. she has a hospital appiontment this afternoon, so we shall see upon our return.

Armengar

I would make sure you record conversations. Do not try and steer the conversations. I would mail letters by recorded delivery and keep copies therefore showing you were stating your case and not being threatening. Then if your car does disappear you have evidence to hand to the police for intimidation and theft.

Due to the intimidation it could be deemed aggravated theft (even though no violence may have taken place).