Is my car stolen?!

Mckean410

Firstly, sorry for the long message! I have a query relating to the sale of a vehicle, and I need some advice as to where I and the other person involved stand, if anyone can offer any advice/similar experience it would be amazing.

In December 2012 I agreed with an associate (Mr X) that I would sell him my MINI cooper (2002, ). It then transpired he didn’t have enough money to pay me so we agreed that he would fix the car (it needed a bit of work doing to it, new gearbox etc, but brand new steering pump and immaculate inside and out) and then sell it on, taking the money for the work and I would end up with the rest. At the time, he agreed I would receive at least £1000 for the car.

Since then, the work has been completed and he attempted to sell the car, but didn’t have the appropriate paper work (log book was missing). I therefore tried to apply for a new log book, but in the middle of my application, Mr X applied to register the car as someone else’s, without my knowledge. The first I knew of this was a letter I received prior to going out of the country from 19-29 September. This letter was from the DVLA, and advised that I rang them if I hadn’t sold the car as it was possible someone was attempting to commit fraud/sell the car under false pretences, so I did. I was told at that stage by the DVLA that I should report Mr X to the police as he was essentially selling a car that was not his and I hadn’t agreed to, but I deemed him to be trustworthy and therefore didn’t think it was necessary.

I have since found out (after several attempts to contact him) that he has sold the car, without my permission, and without the log book, and without me consenting to anything (i.e. the price!), which I cannot believe is legal. Furthermore, I still have documentation pertaining to the car, and a letter from the DVLA informing me I am being fined £35 because I failed to declare myself as no longer owning the car, when, to the best of my knowledge, I was. The car has been sold for £2,100, which I believe is below the market value considering the price of other similar vehicles on trade websites, and Mr X has decided to give me £600 for the vehicle which is well below the agreed price.

Can anyone advise as to what my best course of action would be? Presumably selling a car that does not belong to you without informing the owner is not a tenable legal position?

Thanks in advance

neilmcl

What a mess you've created for yourself. Bottom line, despite what you told the dvla no doubt, is you handed over the car to "mr X" with the full knowledge that he was going to fix it up and sell it on giving you the remainder after he deducted his costs. Looks like this is exactly what he's done, so in answer to your question, no the car has not been stolen.

paddedjohn

You gave your car to Mr x to sell on your behalf, he has sold it so now owes you £1000+

maninthestreet

Small claims court to get the money from Mr X that you claim he owes you is your only hope - do you have any written agreement with him in relation to the repair and sale of the car?

Mckean410

Thanks for the replies, much appreciated.

@neilmcl, Agree with all you’ve said, although perhaps I’ve not been clear in my questioning-he sold my car without my knowledge, whereas the agreement was that he’d tell me, and discuss the price, and the new owner has none of the documents, and I haven’t signed anything so how can the car be legally theirs? I thought the previous owner had to sign a receipt as it’s what I’ve done before. Could he sign it on my behalf?

Mckean410

Thank you @maninthestreet, will look into it.

albionrovers

Take the £600, move on and sleep at night.

Building_Surveyor

Oh dear! By the sounds of it all the agreements you had were verbal and not in writing?