Bought car in cash - Car reported as stolen by police

fivetide

TrickyWicky wrote: »

Whoever buys a car with no receipt?

Someone trustingly buying from a friend of the family one would presume.

Regarding not having a reciept, if you took the cash out of the bank then at least you have evidence of a significant withdrawl that matches the dates. That could help in establishing a burden of proof. It isn't going to say you spen the cash on the car of course but remember it's about establishing the most likely chain of events so worth checking out if needed.

5t.

colino

I know it can be upsetting to get in the middle of something like this, but the Police haven't done anything wrong, neither have the finance company.
Direct approach required, get your cash back from the !!!!!! who fraudulently sold it to you and end it there. (Unless of course you new it was a dripper?)

Joe_Horner

The claim that you "hired the car then stole it" won't stand up if you got the log-book in the normal way (ie: submitted the old one to DVLA) because they'll have a record of the change. If they'd "lost" the old book and you had to apply for a new one that might be a little harder but DVLA should still have contacted them (or tried to) before issuing a new one. In civil court that would probably swing the balance of probabilities in your favour - certainly if I'd "hired" a car to someone then got DVLA asking if I'd transferred it I would have been straight on the case!

So that takes them back to their original clam that the parnter stole it and sold it without the RK's permisson. If they wish to rely on that then the police should be charging the partner with theft. That's important for your position because once they're convicted it makes a civil clam for your money much easier - part of the theft would be "permanently depriving" by selling to you. So have the police establish that they stole it and that establishes that you bought it even without a receipt.

If none of the above apply, as per the info you've found, you have good title as an innocent buyer. See a solicitor now.

vaio

Yep, and, as above I'd be going against Toyota for the return of the car under CCA.

See how enthusiastic they are about defending a small claim for a £5k car when their defence is going to rely on witness evidence from the sellers who already have changed their story twice

Joe_Horner

You could also take the offensive with the Police on their second version (where you apparently stole it) by asking them to charge you with the offence - after all, you've been labeled a car thief so you should have the opportunity to clear your name

Nilrem

I'd also query the fact that they state they rented you the car, given that in itself is normally a quite big no no for any vehicle on HP.

Premier_2

ashy_mashy wrote: »

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.

Have a word with your sister regarding the type of people she claims to be friends with

ashy_mashy

Thanks for the advice. I have considered getting a solicitor however it may end up costing more than the car.

I am going to make a claim against Toyota Finance as I am the innocent purchaser and they are ignoring it for their own benefit. How would I go about making a claim against them in civil courts? Is there a quick way of doing this online by filling forms etc?

Thank you.

vaio

the first stage is a "letter before action"

Tell them you are an innocent purchaser under CCA and therefore have good title to the car and if they don't return it to you within 14 days you will issue proceedings for the return of the car plus incidental and legal costs & interest.

ashy_mashy

Thank you. In my Letter Before Action, Shall I claim for the car or the money as they are saying that they will be selling the car in an auction?

What is the stage after that? Is there a quick way of making the claim online without initially needing a solicitor?