Advice needed

heresrobbo

So I have a car we paid off the finance company for at the end of a pcp deal. Having looked around, I found a dealer that would sell on my behalf. I researched the company and found plenty of positive reviews etc so signed the car to him as in trade with the agreement he paid me for the car upon its sale.....
After 3 months, the car was not sold so I called him so I could get the car back. All calls and any other forms of contact were ignored. I went over to the dealership to discover it had closed last week. I have no idea where the car is.
I am the rightful owner of this car, despite him having the log book this does not give him ownership.
Help...

BeenThroughItAll

Hello, Police? Yes, I'd like to report my car stolen please.

heresrobbo

Have a feeling they may argue its a civil dispute....

Richard53

If the trader has gone bankrupt, then the administrators will have taken your car along with all the other 'business assets' and will be planning to sell the lot to defray his business debts. You'll need to find out who they are, contact them, and plead your case.


If he's just packed up shop and done a runner, then apart from informing the police (as he has made off with your property) there's not a lot you can do.


Either way, I would seek legal advice, but I'm not hopeful.

heresrobbo

Things have developed since. Police say its a civil dispute, the car dealer has sold the car however I have no proof of sale from him other than a text (he will not answer calls to anyone). The car is being driven around by someone after I've checked askmid etc, its showing insured and taxed. Receivers were involved, now they've involved 'trustees' who want over £2000 in fees from me with no guarantees I'll get the car back.
The only option I can think of is putting a claim on the car via civil court from the person who brought it. I know they may be covered by certain laws but I need to try something.
Any ideas/advice would be appreciated

AdrianC

heresrobbo wrote: »

The only option I can think of is putting a claim on the car via civil court from the person who brought it.

Not a hope in hell, since you and they had no contract. The buyer's contract was with the dealer, the dealer's contract was with you. The dealer is now represented by the official receiver, and you are just another unsecured creditor.

heresrobbo

I have a signed receipt from the company, emails and messages of the arrangement. The receipt clearly states the agreement

Mercdriver

heresrobbo wrote: »

I have a signed receipt from the company, emails and messages of the arrangement. The receipt clearly states the agreement

But the buyer is not party to it unless he was aware of the circumstances. He completed his part of a different contract. IANAL but I'd be very surprised if a court didn't say that your claim is against a company in receivership. Is there enough evidence for Fraud? I don't know, but that wouldn't get you the car back either I suspect.

jimmy_cricket

But isn't it the case that if you, as an innocent party buy a stolen car, it can just be confiscated and returned to the original owner. Why is this no different?

Fat_Walt

jimmy_cricket wrote: »

But isn't it the case that if you, as an innocent party buy a stolen car, it can just be confiscated and returned to the original owner. Why is this no different?

Because the current owner bought it from a dealer.

Mr.Generous

Fat_Walt wrote: »

Because the current owner bought it from a dealer.

and presumably got the log book V5