Bought car in cash - Car reported as stolen by police

cyclonebri1

maninthestreet wrote: »

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

I have to agree, even if the result for the OP is unclear, let this stand as a warning to anyone who reads this thread.

I'ts been printed here a hundred times but obviously the message hasn't got through to all, get a finance/mileage/insurance check done, it's pennies today and can save thousands (5 in this case):money::money:

Tilt

Great isn't it? It has nothing to do with the police yet they take the car away from the OP and return it to the finance co. Priceless.

Personally I still say it's a case of fraud.

maninthestreet

Tilt wrote: »

Great isn't it? It has nothing to do with the police yet they take the car away from the OP and return it to the finance co. Priceless.

Personally I still say it's a case of fraud.

Clearly, the police should have returned the car to the OP if they considered it a civil matter - but it looks like they handed it to the finance company BEFORE their investigations were complete.

vax2002

The civil courts will want to know why you have not reported it to the police ?
Please IGNORE the special brew brigade and take on board what I have told you.
YOU, THAT IS YOU !, YES YOU.
Need to make your own report of the crime of obtaining money by deception with the police.
They will not entertain it as part of the first, that was a report by another complainant and it has been resolved.
A Circuit Judge will probally not hear your case as YOU have not made a separate report to the police over the incident, they do not over tread criminal law until it has been finalised .

vaio

Vax

My view is the only realistic chance the OP stands of getting car/money back is "innocent purchaser" under CCA so Toyota will be paying.

Central to this is that the sale was valid and any fraud that has happened is nothing to do with the OP and happened between the seller and the sellers partner AFTER the valid sale to the OP was completed.

If the OP follows your advice and reports they have been defrauded then the "innocent purchaser" argument is gone and the OP will be left to try and recover their money from the seller couple, a much less likely scenario than getting it back from Toyota

ashy_mashy

vax2002 wrote: »

The civil courts will want to know why you have not reported it to the police ?
Please IGNORE the special brew brigade and take on board what I have told you.
YOU, THAT IS YOU !, YES YOU.
Need to make your own report of the crime of obtaining money by deception with the police.
They will not entertain it as part of the first, that was a report by another complainant and it has been resolved.
A Circuit Judge will probally not hear your case as YOU have not made a separate report to the police over the incident, they do not over tread criminal law until it has been finalised .

I have made a report to the police and have my own crime reference number. In fact this police investigation is only being carried out because of the crime report I made.

ashy_mashy

maninthestreet wrote: »

Clearly, the police should have returned the car to the OP if they considered it a civil matter - but it looks like they handed it to the finance company BEFORE their investigations were complete.

This is a very good point, if they do decide it is a Civil matter they need to give the car back to me. Seriously thanks for this.

ashy_mashy

vaio wrote: »

Vax

My view is the only realistic chance the OP stands of getting car/money back is "innocent purchaser" under CCA so Toyota will be paying.

Central to this is that the sale was valid and any fraud that has happened is nothing to do with the OP and happened between the seller and the sellers partner AFTER the valid sale to the OP was completed.

If the OP follows your advice and reports they have been defrauded then the "innocent purchaser" argument is gone and the OP will be left to try and recover their money from the seller couple, a much less likely scenario than getting it back from Toyota

Thanks for understanding where I'm at.

juliebunny

Blimey, I'm outraged that the Police took the car off you without giving you a fair chance to fight your case. Can you make a complaint about that? I can't believe they can't see the holes in the sellers story.

I guess there are a few lessons learned here for all of us - always get a receipt, always see the actual seller, always get the HPI check done, and pay via a traceable method such as bank transfer. I bet no-one reading this can honestly say there is no chance this could not happen to them...

ashy_mashy

juliebunny wrote: »

Blimey, I'm outraged that the Police took the car off you without giving you a fair chance to fight your case. Can you make a complaint about that? I can't believe they can't see the holes in the sellers story.

I wish I knew, from the start of this whole thing the police have passed me from one department to another department, each telling me it has nothing to do with them. I reported the matter to the police a long time ago, as soon as I found out but they said just relax and don't worry about it as the car has not been reported as stolen. They even told me that if the vehicle is reported as stolen they would contact me first and listen to my side and try to resolve it.

In reality when it came down to it they just stopped me in the road and said we're taking the car to a depot. Then I called the depot and the depot said they are giving it back to toyota and were even taking toyota's side.

Now the police investigator is saying that it is a civil matter not a criminal matter and so they're closing the case! Therefore I feel pretty powerless.

I have lost a lot of respect for the police after all of this.

I have been told this is 'dereliction of duty' by the police, but I don't know how to claim against it. How do you make a complaint about the police?!