Stolen Vehicle from Auto Trader

Tozer

Chippy_Minton wrote: »

Yes.

Uk law states the own looser is the buyer in this cse the OP.

Not necessarily correct.

There are exceptions to the rule that you cannot take title if the seller doesn't have title.

Being a good faith purchaser for value without notice of the defect in title may help. You have a long hard argument ahead though.

Firefox1975

Yeah it sounds tricky

my initial statement came from the fact that years ago we sold some computers to a buyer.

Buyers check subsequently bounced and buyer was no where to be found.

said computers then immediately turned up on Ebay! (We know cos we had all serial numbers and contacted the seller and people who had bought just to confirm)

turns out we had NO CLAIM AT ALL on the goods that were quite happily flying off ebay and lining someone else's pocket! simply because they were being bought in good faith from a trader!

now im not sure if we would have to draw a distinction between "stealing" and "obtaining goods knowing payment was fraudulent" but i thought it was worth mentioning!

Simplyshush

Hi Manor, you have my sympathy! I too purchased a cloned vehicle almost two years ago under not too dissimilar circumstances. I chose a few cars, similar priced, roughly the same spec advertised in Autotrader. I rang the numbers, checked the details etc. I chose one vehicle, right colour etc etc. I had a friend ring the seller independently, he got the same story from the seller and being male (unlike myself) was able to ask more questions re history, servicing etc etc. I decided to look at the vehicle but before doing so, I asked for the registration number, VIN number etc and asked if he minded whether I carriend out a vehicle check. I am, sorry WAS a member of the AA so I did a car data check on their website. The advertising, in large print on their website states that they check National Police computers, they check for high risk or fraud or theft, they check for outstanding finance, or whether the vehicle has been an insurance write-off. It guarantees for a period of two years that should anything untoward happen with this vehicle, they will pay up to £30,000. Just what I was looking for to give me the confidence to buy this car!! I organised a mechanic to view the car with me, everything checked out, we drove the car, we inspected the little bit of damage which he informed us of, we checked out the paperwork, the V5, I got a signed receipt after handing over £8000. I was told that this chap owned the vehicle but as he worked for his father's business, his father funded the running of the vehicle. They had a dispute, he was out of a job, his girlfriend was pregnant and he was desperate to sell as he need cash urgently!! On the following Monday (two days later) I drove the car to the local DVLA offices with the intention of changing a private plate from my exisiting car onto my new purchase. In brief, whilst in the offices, the police turned up, I was 'almost' arrested whilst they checked out my address, my existing vehicle etc etc. Obviously they could see my total distress and after making the initial checks and finally carrying out an inspection on the vehicle, they explained why I had been arrested. The V5 was actually from a stolen batch from the DVLA. The only indication to me (and the police officer) that it was stolen was a small bar code. They knew that if the documents were fraudulent then it was 99% guaranteed that the vehicle had to be cloned. It took a total of five different officers inspecting the vehicle over a period of about two hours before they asked whether I would turn over the car to forensics. They vehicle was so professionally cloned, impregnated VIN number in windscreen, intact ceramic plate on door panel and on engine bulk head. The following day I was informed by the police that they had striped the car to find the engine bulkhead plate had been welded on and the vehicle had another identity, it had been stolen some weeks before. The identity the used was for an existing car elsewhere in London. Ironically, I was informed by the police that a marker had been placed against the registration (same one used for the data check) the day before I purchased. More....the house was already under surveilance. I rang The AA who dropped me like a hot potato and guided me to Experian who use the site under licence. Experian's attitude was, what do you expect if you buy something cheap! The car wasn't cheap, I did absolutely everything in my power to make sure I checked everything thoroughly. I pursued this via an official complaint to Experian's insurance company as there was a police marker on this vehicle and the website said it checks police national computer (as well as checking for 'high risk of fraud or theft'). It is a chicken and egg situation. If the data check had come back with a negative report, I would not have purchased. The data check came back clear, with the guarantees, I purchased with false confidence. The AA/Experian/Pinnacle Insurance's answer to this was - the marker was on the wrong police computer! I eventually forwarded this to the financial ombudsman but in their terms and conditions, it states, in simple terms, in the small print, they dont deal with cloned vehicles! A week after I purchased the car, three people were arrested and I think there were over 15 cars sold by them, totalling over £100,00. There may have been more after the court case as it could take a year to find out you have a cloned car - at the point of renewing your car tax! The three criminals, all from the LEICESTER area were found guilty, one received a 18 month prison sentence, two received 18 months suspended over 2 years. I am still £8000 out of pocket, like 15 others no doubt and who says crime doesnt pay! I'd love to know exactly how many people have carried out Car Data Checks and have gone on to purchase under the same illusion. Interestingly, there was an article in a leading car magazine who stated that no one should ever consider buying a car without a data check as even if the car was cloned they were offered a guarantee of £30,000 should it all g wrong. NOT TRUE! There are now lots of advise given on line about how to avoid buying a cloned car but none offering victims of the crime any advice. The only option available appears to be, if you track the criminal down, you can take him to a small claims court but with the above example of justice, is it worth it.

olly300

Simplyshush can you edit your post and put spaces in it to separate it into paragraphs. I cannot read it.

Thank you.

AllNancy

olly300 wrote: »

Simplyshush can you edit your post and put spaces in it to separate it into paragraphs. I cannot read it.

Thank you.

Well I've just read it and can't see a problem. This is a site for people having difficulties, not a site for improving writing skills.

Nancy

tommyfoster

Hi Manor,

I've just tried sending you a private msg but it's showing as not sent on my profile page.

Can you please contact me via my email [EMAIL="thomasfoster@gmail.com"]thomasfoster@gmail.com[/EMAIL]

Thanks,

Tom

cyclonebri1

olly300 wrote: »

Simplyshush can you edit your post and put spaces in it to separate it into paragraphs. I cannot read it.

Thank you.

:T:T:T:T:rolleyes: There's always one:rolleyes: