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bought a car without knowing it had been previously paid for with a stolen card

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Comments

  • chattychappy
    chattychappy Posts: 7,302 Forumite
    mleczko wrote: »
    Look up a legal case Lewis vs Averay

    Which was really a case on mistake (as to identity). No mistake issues here, but the case does help IMHO.

    Key point is, as you say, the car was not stolen. It was fraudulently obtained. There might be issues of contract being voidable rather than voided so good title might have been obtained if the original "victim" didn't act in time.
  • mleczko
    mleczko Posts: 17 Forumite
    Lewis vs Averay

    Mistake to identity I assume is also relevant here.
    I don't think seller gave his real identity, did he ?
    If he did then just sue him.

    cheque/payment to Mr Lewis was fraudulent.

    Same same

    Mr Lewis is a car dealership in our case
    And a modern cheque book is a credit card
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