Bought car in cash - Car reported as stolen by police

ashy_mashy

I really hope someone can provide me with some advice on this. Sorry that it's a few paragraphs long

I purchased a car in cash from a friend of my sister's for £5000 (without a receipt). The owner was the sellers partner. The V5 certificate is in my name and I also have the logbook. About 2 months after the sale I received a letter from Toyota finance saying the vehicle was on hire-purchase and the owner had denied selling the car. After a lot of research I found out that there is a consumer credit act of 1974 which states:

" The Consumer Credit Act 1974 gives 'good title' to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you."

The person who sold it to me ignored my messages and I was unable to get through to him. Toyota said that their client states that the vehicle was not sold and was stolen by their partner, therefore this does not apply. I told them I do not have a receipt and how is it possible that I have the V5 certificate, and why did the previous keeper not report it as stolen? It just doesn't make sense!

Toyota ignored this and reported the vehicle as stolen. I also reported the whole thing to the police. I was stopped by the police three weeks ago and they took the car away and basically gave it to the finance company.

I reported the crime to the police and they said they will investigate it. I also contacted Toyota's solicitors. The previous keeper had now changed the story and said the car was hired to me and I stole it. The police have come back saying that they are going to dismiss the case as it is civil matter. I told them is clearly a criminal matter as I was sold a stolen vehicle.

From the very start the police have been unhelpful and passed me from one department to another, and now they are saying it has nothing to do with them which is the easy option for them. It is clearly a criminal matter but I am powerless. I believe this to be dereliction of duty of the policeman dealing with it. What can I do?

Also Toyota's solicitors have said I need to provide them with a receipt, which I do not have. However I have the V5 certificate and cash withdrawal on the bank statement. What can I do?

Any help would be appreciated as I need to reply to Toyota Finance by Monday and very stuck.

spiro

The logbook does not prove ownership (its written all over it), you should have ensured that the seller provided you with a 'bill of sale'. Also you say the owner was the sellers partner, surely you should have been dealing with the owner not the seller.

It sounds like you are going to have to take them to court to try and get you money back. Given that the owner had to sign the logbook I would write to the DVLA to see if they can provide you with a copy of what they signed unless you kept a copy yourself.

HappyMJ

You need to take the sellers partner...the seller of the car to court. It's a civil matter.

Mr_Thrifty

What a mess.

Tilt

Smells like fraud to me which the police should be investigating.

http://www.fraud-lawyer.co.uk/introduction-to-fraud-the-fraud-act-2006.htm?gclid=CMys9Lm2ibACFQwjfAodHDFwQQ

Sgt_Pepper_2

Tilt wrote: »

Smells like fraud to me which the police should be investigating.

http://www.fraud-lawyer.co.uk/introduction-to-fraud-the-fraud-act-2006.htm?gclid=CMys9Lm2ibACFQwjfAodHDFwQQ

There's not enough info from the op to say either way.

vax2002

The police are less than useless and only deal with what suits them, over staffed and arrogant.
You have no proof that you paid anyone anything, not even a receipt .
The car was on finance, it goes back to the company.
Thats life.
Your only recourse is one of two attacks to obtain a CCJ against this person you gave the money to, not the other keeper, the one you gave your money to.
They had no title to sell the vehicle, sue them.
Next the police :
1 report = 1 solution, they will not hear or entertain your side of the story
You need to visit a police station with the name of the person you gave the money to and REPORT them as a NEW CRIME for selling property they did not own : Obtaining money by deception.
The previous keeper has told the police that the vehicle was stolen.
It is very very important that you make a NEW report of the separate offence of deception, get a new crime number and demand they investigate.
Do not go in and drag up the other case, it is not your case and they will not entertain doing more work as it has had its result.
Just to re-iterate, a new report of a new crime.
Not an enquiry about the old one.

maninthestreet

Another car buyer who didn't get a HPI report on a vehilce before handing over their hard-earned cash???

Sgt_Pepper_2

vax2002 wrote: »

The police are less than useless and only deal with what suits them, over staffed and arrogant.
You have no proof that you paid anyone anything, not even a receipt .
The car was on finance, it goes back to the company.
Thats life.
Your only recourse is one of two attacks to obtain a CCJ against this person you gave the money to, not the other keeper, the one you gave your money to.
They had no title to sell the vehicle, sue them.
Next the police :
1 report = 1 solution, they will not hear or entertain your side of the story
You need to visit a police station with the name of the person you gave the money to and REPORT them as a NEW CRIME for selling property they did not own : Obtaining money by deception.
The previous keeper has told the police that the vehicle was stolen.
It is very very important that you make a NEW report of the separate offence of deception, get a new crime number and demand they investigate.
Do not go in and drag up the other case, it is not your case and they will not entertain doing more work as it has had its result.
Just to re-iterate, a new report of a new crime.
Not an enquiry about the old one.

He's already reported it. The police decide what the offence is not the victim. They have already decided they are not going to deal with it, more of this to come its the future. We're all in this together said Dave.

TrickyWicky

Whoever buys a car with no receipt?

vaio

I think I'd be going after toyota finance under CCA.

To do this you'd need to convince a judge that, on the balance of probabilities, you bought it (fairly easy given the bank withdrawals, V5 and the handing over of the vehicle) AND that the previous owner/keeper consented to the sale (less easy but still possible given the handing over of the V5, delay in reporting it stolen and changing of story etc)

What you will essentially be trying to suggest is that the original keeper's partner sold the car with the consent of and as agent for the original keeper but didn't then hand the cash over to the original keeper who then belatedly made the theft/hire allegations.

If you can do this then you are have good title under CCA and the original keeper needs to pursue the partner for the £5k either as a theft issue or, more likely, as a civil case. You'd be arguing that a valid sale was completed when you took possession of the car and that can't be affected by subsequent things like the partner not handing over the money.