Van turned out to be stolen?

Hintza

Black_Rat wrote: »

Car to explain why you think theOP will get legal title to stole property from the little info posted?

I thought he had.

Anyway at the end of the day legal advice will be required by the OP.

Anihilator

Black_Rat wrote: »

Car to explain why you think theOP will get legal title to stole property from the little info posted?

Because the van hasnt been stolen as such.
There is a dispute about the payment and the subsequent transfers of ownership.

The Dealer imo may well actually be more to chase the middlemen than the OP who in good faith and with V5's etc purchased it.

Black_Rat

The van may well have been obtained by way of deception and is therefore stolen property.

Anihilator

Black_Rat wrote: »

The van may well have been obtained by way of deception and is therefore stolen property.

I think this could be arguable. I would be very interested to know why the bank were able to recover the money from him.

dacouch

Anihilator wrote: »

I think this could be arguable. I would be very interested to know why the bank were able to recover the money from him.

See my earlier post.

I've seen a lot of my motor trader clients be hit by this scam, it is done by paying via credit car over the phone. These payments are not guaranteed as the pin is not entered into the machine.

The fraudsters get the autotrader out and ring the motor traders one after the other until they find a garage who will accept payment over the phone and don't realise the payment is not guaranteed.

(If the motor trader got the "customer" to swipe their card and enter the pin the payment is guaranteed and cannot normally be recovered by the bank)

charlea

several years ago my husband and i bought a toyota m2r for 5.5k cash it was ( at the time ) a good bargain as the book price was around 8.5k we did a hpi check and bought the car from what we believed to be the legal owner we had the logbook /v5 ect he was selling cos he was leaving the country he had id the car was bought from the address on the logbook ect

however 6 months or so later we had a guy turn up at house saying that the car was his that he had been in prison and that his cousin sold the car without his knowlege or permission and that he wanted his car back

( his cousin did do this we realised now and this was who we bought the car from and he then took the money and went on an extended holiday to jamaica )


We ( My husband and I had a major argument outside my house ( the neighbours really enjoyed it ) and the guy called the police saying that we had stolen his car ect and that he wanted it back

End result was that the police REQUESTED us not to get rid of the car untill this was sorted out with him but we were allowed to keep the car and they let us drive off in it while it was sorted out as we had the log book insurance and other bits and stuff, we had done an hpi check which showed that the car was not on finance or stolen ect and that it was civil rather than criminal

However ( not that im suggesting that you do this) we sold the car on within a few weeks because of this - we had no reprucussions from the guy or the garage that we sold it to either and never heard about it again and we never heard from the police apart from that one night car but we

i appreciate that its probably not the same as your problem but our car was not reported stolen either when we bought it the police were not interested at all and told the guy he would have to go to court ect to pursue it if he wanted to get the car back from us
i would strongly argue that the car was not reported stolen when you bought it therefor its not a stolen car you bought if you had bought it

if it had been stolen then i am sure that would a different case and the police would have taken the car as its a stolen motor As it is it not stolen just the ownership of the car is in dispute not that you have stolen it

one thing that i would reccomend is not leaving the car near where you live if the other person who is making a claim on it knows where you live if they have a key they could turn up and take it ( dont know where they would stand legally with this though but we hid our car at my mums garage untill it was sold


Do you have legal assistance on your insurance to help you with this or on your house insurance even

i would let the other person persue you for it and let them take you to court if it gets that far he might find out that he dose not have a leg to stand on


Do a hpi check and see what come up see if it been reported stolen ect

charlea

also what the time space between the car being sold by the orginal owner to the person who had a stolen credit card , to the dealer then to you was it a week or a few weeks

this scam seem similar to the one like the nigerians do when they offer you more than you ask for for a car and want a cheque from you for the difference

Pincher

If you call HPI with the HPI report in hand, and you are REALLY lucky, they will pay out to the orignal owner, leaving you with the van.

HPI is supposed to indemnify you against dodgy history if you did a HPI check on this car, but you did not order the check, the selling dealer did.

Depending on the value of the van, it might be worthwhile to track down the dealer through the HPI report payment, the account you transferred money to, Companies House registration and VAT registration.

The easiet thing is for him to call HPI to claim on the insurance:
otherwise you sue him for selling fenced goods.

Wig

This would probably be relevant, I'll leave you to read it yourselves.
http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd031119/shogun-1.htm