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Purchased a cloned car via part exchange - Police will not help!
Comments
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I have a written signed receipt from the trader, stating “Q3 in exchange for S5”
I can’t get hold of him.... I wonder why.
My point is that the garage the S5 is now at - regardless of whether knowingly or not - have obtained a vehicle that has not been lawfully obtained. Therefore they cannot have legal rights over it... which is as unfortunate for them as it is for everyone else involved in this criminal chain!
As you've already been told you need to seek legal advice, by that I mean pay for a solicitor as it's not as straight forward as you're trying to make out.
The S5 may not have become a "stolen vehicle" until after the current trader purchased it. It could be argued he has the rights to sell it as he legitimately purchased it.
The way I see it you purchased a stolen vehicle for x amount. You paid y amount plus your vehicle so the trader you bought your car from owes you x.
I can see how you police friends will think that the S5 is now stolen but unless the police are willing to investigate you're stuffed. Even if they did they may only serve a PACE form on the trader inviting him not to sell it while they investigate. This is likely to happen if he has paperwork for the car. If he sells the car having been served the form very little is likely to happen to him unless they can prove he is linked to the original deception.
Best of luck getting a civilian on a police front counter or on the phone getting a basic understanding of that so pay and see a solicitor.
Please tell me you at least have a proper crime number rather than an action fraud reference number.0 -
AndyMc..... wrote: »As you've already been told you need to seek legal advice, by that I mean pay for a solicitor as it's not as straight forward as you're trying to make out.
The S5 may not have become a "stolen vehicle" until after the current trader purchased it. It could be argued he has the rights to sell it as he legitimately purchased it.
The way I see it you purchased a stolen vehicle for x amount. You paid y amount plus your vehicle so the trader you bought your car from owes you x.
I can see how you police friends will think that the S5 is now stolen but unless the police are willing to investigate you're stuffed. Even if they did they may only serve a PACE form on the trader inviting him not to sell it while they investigate. This is likely to happen if he has paperwork for the car. If he sells the car having been served the form very little is likely to happen to him unless they can prove he is linked to the original deception.
Best of luck getting a civilian on a police front counter or on the phone getting a basic understanding of that so pay and see a solicitor.
Please tell me you at least have a proper crime number rather than an action fraud reference number.
Yes I have a crime number.
I have since spoken with an inspector whom has confirmed my argument - the vehicle was obtained from me by the trade of a stolen vehicle. It has therefore, in effect, been stolen from me, and any onward possessor of the vehicle does not own the vehicle.
They have confirmed they will be seizing the car for further investigation.0 -
Yes I have a crime number.
I have since spoken with an inspector whom has confirmed my argument - the vehicle was obtained from me by the trade of a stolen vehicle. It has therefore, in effect, been stolen from me, and any onward possessor of the vehicle does not own the vehicle.
They have confirmed they will be seizing the car for further investigation.
And are they returning the car to you?0 -
AndyMc..... wrote: »And are they returning the car to you?
As I’ve said, they are seizing the car for further investigation.
That investigation will confirm the S5 is still legally mine, as I’ve been advised by a solicitor0 -
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