Bought car in cash - Car reported as stolen by police

ashy_mashy

vaio wrote: »

because that's what the law says, it's something they sign up to when they start offering finance and presumably build into their costings along with all the other overheads.

Also, just because they have to comply with the innocent buyers rules doesn't mean they can't still chase the original finance holder for the money, all it means is they can't take (or in this case keep) cars from innocent buyers

They have told me they will auction the car and deduct it from the amount the previous keeps owes, then they will chase the previous keeper for the remaining amount.

LordSVS

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.

So, if your car was stolen, you wouldn't want police to return it to you? The company owns the vehicle, it was reported stolen, the police have a duty to find the vehicle and return it.

Lord SVS

vaio

ashy_mashy wrote: »

Thanks for this. Yes however the reason I am following it with the police is that if they are claiming it is a civil matter, they need to give the car back to me and shouldn't have taken it in the first place.

and if your complaint prompts some bobby to decide maybe it was stolen/fraudulently obtained and they start an investigation along those lines?

Then your innocent purchaser argument is dead in the water. Toyota will keep the car because of the outstanding finance, the crooks that took your money might get convicted (but probably won't, as the story is too muddy) and you get to throw more money into the court system to try and get your money back from the crooks.

I'd let sleeping dogs lie and concentrate on Toyota, nothing good can come from further police involvement

vaio

ashy_mashy wrote: »

They have told me they will auction the car and deduct it from the amount the previous keeps owes, then they will chase the previous keeper for the remaining amount.

yep, or if you can convince them you are an innocent purchaser then you get the car back and toyota chase the previous owners for all the outstanding money

Sgt_Pepper_2

vaio wrote: »

yep, or if you can convince them you are an innocent purchaser then you get the car back and toyota chase the previous owners for all the outstanding money

You claim he has a muddy story so why should Toyota believe it?

LordSVS

Am I missing something here?

The car is on hire-purchase, therefore Toyota own the car. The seller then reported to Toyota that the car had been stolen, the police found the vehicle and recovered it (and rightly so!). It's no longer a police matter, it's a civil matter. Now, you will now have to go after the seller for your money back, not Toyota! You cannot sell a car you don't own in the first place! Obviously your friend (or whoever it was that sold the car to you) is a cowboy and should not be trusted.

It seems you have more money than sense! Get a solicitor, go to court and get your money back from the seller. And please, be more careful next time. School boy error or what!

Lord SVS

Edit: When I think about it, you should be more grateful towards the police. They could've arrested you on the spot, put you in a cell overnight and be put before a court the next again morning!

vaio

Sgt_Pepper wrote: »

You claim he has a muddy story so why should Toyota believe it?

I'm not even sure I believe it any more but on the assumption this is a troll free zone the "muddy story" I was taking about is the two month delay in initial reporting followed by the change to hire etc.

ashy_mashy wrote: »

.......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........

.........Toyota said that their client states that the vehicle was not sold and was stolen by their partner.........

.............Toyota ignored this and reported the vehicle as stolen........

.............The previous keeper had now changed the story and said the car was hired to me and I stole it..........

If you were toyota would you fancy defending a £5k civil innocent buyer claim (so balance of probabilities/who does the judge think is most likely to be telling the truth) when your defence is going to rely on witness statements & evidence from that pair? I wouldn't.

ashy_mashy

LordSVS wrote: »

Am I missing something here?

The car is on hire-purchase, therefore Toyota own the car. The seller then reported to Toyota that the car had been stolen, the police found the vehicle and recovered it (and rightly so!). It's no longer a police matter, it's a civil matter. Now, you will now have to go after the seller for your money back, not Toyota! You cannot sell a car you don't own in the first place! Obviously your friend (or whoever it was that sold the car to you) is a cowboy and should not be trusted.

It seems you have more money than sense! Get a solicitor, go to court and get your money back from the seller. And please, be more careful next time. School boy error or what!

Lord SVS

Edit: When I think about it, you should be more grateful towards the police. They could've arrested you on the spot, put you in a cell overnight and be put before a court the next again morning!

The bit in bold is clearly a crime. Selling a stolen vehicle, how is that civil? Also are you aware of the CCA?

ashy_mashy

vaio wrote: »

I'm not even sure I believe it any more but on the assumption this is a troll free zone the "muddy story" I was taking about is the two month delay in initial reporting followed by the change to hire etc.



If you were toyota would you fancy defending a £5k civil innocent buyer claim (so balance of probabilities/who does the judge think is most likely to be telling the truth) when your defence is going to rely on witness statements & evidence from that pair? I wouldn't.

The fact is that I know I am innocent purchaser, so I am going to prove it one way or another.

Tilt

LordSVS wrote: »

So, if your car was stolen, you wouldn't want police to return it to you? The company owns the vehicle, it was reported stolen, the police have a duty to find the vehicle and return it.

Lord SVS

The police also have a duty to investigate cases of 'obtaining money by deception' and cases of fraud. At the very least they should be having a word with the seller.