bought a stolen car help me please!!

edgex

Equaliser123 wrote: »

I'm sure a lot of people do.

so maybe they should ask for help BEFORE buying?


"I know nothing about cars, but im going to go & buy one from someone I dont know, & hand them £2k in cash"

timeportal

fthl wrote: »

and if you do sue him, then he'll learn a valuable lesson. Check this stuff out before he buys. In not doing so he has been part of a chain that has caused no end of grief, man hours and cost. all because he didn't know or didn't care. it is your job to educate him.

Does this not also apply to the op though, check this stuff out BEFORE she buys?

fthl

aye.........

GraceCourt

pendulum wrote: »

You could argue for a refund based on the incorrect engine size alone, but the fact he did not have the right to sell the vehicle means the sale is invalid and your virtually guaranteed to win in court.

Actually, whilst I'm a great supporter of the use of Part 27 CPR 1998 proceedings - the use of the Small Claims Track of the County Court to obtain redress - I'd urge some caution here. I recommend getting legal advice before starting such proceedings, for one simple reason. Usually, in a more straightforward case, you would be seeking an Order for the payment of damages and where a purchase is concerned, usually that will involve getting your money back and returning the purchased item(s) to the seller.

But that cannot happen in this case - you will not get the car back from the police, as they are stolen goods, so the District Judge cannot order you to return the car. In fact, if there is any dispute either from you, from the seller, or from both of you about the return of the car to the legal owner - the insurance company that paid out to the loser following the theft - then the police won't even be involved in making any decision. What will then happen is a Magistrates' Court (not County Court) hearing under the Police (Property) Act 1897 - see here - but take note that this is not a determination of the right of possession (i.e. "who ought to have it"), but rather more simply, who is the owner. Clearly, almost inevitably in this case, that will be the insurance company.

County Court proceedings might well get you some or all of your money back, but it is nowhere near as clear-cut as pendulum is suggesting. Sorry!

Zandoni

Let the seller know that you will be taking him to the small claims court before you proceed. You never know that may be enough to scare him into giving your money back.

Boozer

Although you did not do an HPI check on it, could you do one now? I seem to remember the last time i did one it gave me the dates of previous checks on the same registration, and who had done them, if this shows the sellers name then i would say you have him.

I may be totally wrong on this but can anybody confirm as i do not have my previous one to hand.

Would be nice if you could update us also.

lisaloo

the engine dident have a 2.0 litre badge on it, that had obviously been removed,the hpi check dident give me any previous checks, it also said it wasent stolen (as it had the wrong registration plates on the car), it was only the engine code not matching that brought suspision which 9 times out of 10 , buyer would not remove the engine cover to check the engine code.

i took him to small claims, and he has defended himself, on the basis , that he never knew it was a stolen car, now we got to wait till it goes to court..
he also said in the defendants letter i got this morning, that he had 20 malicisous calls a day , threaening him for money back, which isent the case, as i did phone alot due to him not answering, and when he finally did answer 4 weeks after puchase of car, i dident swear at him let alone threaten him,infact i was quite understanding of the fact that he dident know it was stolen, but i said i will take him to court, as he dident have rights to sell what wasent legally his.

lisaloo

leedsmodus wrote: »

what i dont understand when you looked at the car and under the bonnet and there was a large 2.0 litre sign on top of the engine cover ,why you didnt twig something was amiss, im not expert but surely that is basic stuff. ands why didnt you do a check on the vin plate at sign of the door to that on the v5 , or better still pay a fiver for a hpi check which can be done via a mobile text.
you really went into buying this car blind folded didnt you

No i dident go into it blindfolded, it was just desguied very well,.. i checked the vin number against the v5 and everything matched, thats because, as i found out from the police weeks after they seized the car that the vin numbers had been replaced, to match the registration plates of the 1.6, when in fact the 1.6 doesent exsist anymore, so i had the stolen 2.0 gti, with the vin numbners and v5 document for the 1.6.
the hpi check came back clear as it would do because, it had the wrong registration plates on the car.

lisaloo

Update

i took seller to court and got the ccj in my favour yesturday, stating seller has to pay all monies owed to me, but he dident pay me the cash before whats to say he will pay me now?
i was so happy yesturday when i realised id won but upon reading into a ccj online it doesent really mean much

how long should i give the seller to contact me to pay up monies owed before i take things further?

NeilF3485

lisaloo wrote: »

Update

i took seller to court and got the ccj in my favour yesturday, stating seller has to pay all monies owed to me, but he dident pay me the cash before whats to say he will pay me now?
i was so happy yesturday when i realised id won but upon reading into a ccj online it doesent really mean much

how long should i give the seller to contact me to pay up monies owed before i take things further?

Judgment usually gives defendant 28 days to pay in full - if they do this they can also have the CCJ set-aside as if it didn't happen (I think).

If he doesn't pay it in full then you can issue a warrant of execution (you'll have to pay the fee but will be added to balance owed) and try to enforce it that way.

The problem you face is that the defendant can apply for an N245 (Variation Order) and provide income and expenditure showing he cannot pay the balance in full. If this shows he has no disposable income, it could be ordered as low as £1 per month in repayments. (courts don't set the order, debtor will show I&E and propose £1p/m and court will almost always accept it).

Not a lot you can do at this point, besides apply for a variation order yourself (and pay the fee) to get it increased again, but the two of you could keep going round in circles forever!

Basically, see if he pays and if he doesn't then tell him failure to do so within 7 days will mean you issuing a warrant of execution where a bailiff can levy on good (they usually don't though) and go from there.

This is all from my experience and is just my opinion though, would always recommending seeking professional advice.