Advice needed

AdrianC

Mr.Generous wrote: »

and presumably got the log book V5

Which explicitly states it is NOT proof of ownership...

shaun_from_Africa

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?

It's different because the car hasn't been stolen.
You gave the car to a dealer for them to sell and if they did this then the person who now has it is the legal owner as the person who sold them the car had the legal right to do so.
Your not getting the money from that dealer is a different matter and will not impact on the sale of the car.

However, if the car was sold by an administrator or liquidator and they were not aware of the contract between you and the dealer, they may not have had the legal right to sell it and may be liable so you really need to see if you can find out exactly how the car came into the possession of the person who now has it.

Mercdriver

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?

even if this were fraud, and that's still a pretty big if, and difficult to prove, fraud is different to theft.

Fat_Walt

Mercdriver wrote: »

even if this were fraud, and that's still a pretty big if, and difficult to prove, fraud is different to theft.

Go on explain how?

jimmy_cricket

It seems like semantics to me.

Car_54

The OP had a contract with the garage to sell the car on his behalf. It seems the garage has done that, but has not passed the proceeds to the OP.

It seems to me that the OP has a good claim against the administrators for the money, but none against the new owner who has acquired the car quite legitimately.

AdrianC

Have a read through all of this...
http://www.pistonheads.com/gassing/topic.asp?h=0&f=23&t=1540639

Ganga

Had a similar thing happen to a work mate,took his car to the dealer he bought it from who agreed to buy it,agreed a price and gave him a cheque,he held on to the log book/v form,checked at the bank a couple of days latter to see if the cheque had cleared and was told YES,he returned to the garage and handed over the documents all ok! No bank contacted him several days later cheque had bounced went back to garage dealer had gone bust,administrator would not give him his car back,bank said sorry but he was thousands out of pocket and learned a hard but not self inflicted lesson

molerat

IMO it all comes down to who sold the car. If the garage sold it then op is just another unsecured creditor. If the administrators sold it then I believe they have failed due diligence and should compensate op, I am sure their liability insurance would cover such matters.

AdrianC

molerat wrote: »

IMO it all comes down to who sold the car. If the garage sold it then op is just another unsecured creditor. If the administrators sold it then I believe they have failed due diligence and should compensate op, I am sure their liability insurance would cover such matters.

If the car had still been on-site and unsold at the time the administrators took over, then I would have expected them to call the OP and say "Please take your car back.", not sell it.