Car was stolen - police trace it down to an innocent party - Police tell me it’s a civil matter?

AndyMc.....

SandraX wrote: »

Do HPI checks not come with a guarantee of a payout if the car is not it is said to be?

Also, I'm a bit baffled, the car you got was seized yet the other is not.

The swap, if you don't mind me asking what car did you have, why did you swap and what was it swapped for, their values and how did you come across the person you swapped it with?

Did you not make a claim on your insurance re the car you swapped as it was stolen.

ATB

If only everything in life was as simple as you think it is.

Have a read of the original thread.

caprikid1

I believe there are lots of precedents for transactions like this. Where the final buyer obtains good title.

stator

Does your home insurance or car insurance or breakdown cover include legal assistance / helpline?

bris

The new owner does indeed now have good title as an innocent purchaser.


Your problem is with who you swapped the car with, they are who you need to go after. You can't just take someone else's goods because you were conned. It may not be your fault but it's still your problem.

waamo

What was the advice the solicitor gave you and have you engaged them to assist with this?

HWG

From what I remember from my law module at uni (which naturally makes me an armchair expert)...

Because the car was unlawfully taken, it never ceased to be your property. When it was "sold" on to the innocent party, that wasn't actually a valid transaction - the thief did not own it in the first place, so cannot sell it.
The innocent party handed over money without legally buying the car.

I was told that what usually happened is the car is returned to the rightful owner, and the innocent party is left out of pocket (and needs to lodge a criminal complaint against whoever fraudulently "sold" it to them).

Hope that helps. Best way forward would be to press the matter with the police, or to seek legal advice via your insurer.

Hermione_Granger

bris wrote: »

The new owner does indeed now have good title as an innocent purchaser.

Totally incorrect.
Although an innocent purchaser doesn't commit a crime by purchasing stolen goods, the title to these goods remains with the original owner or in the case of insurance covered goods, title belongs to the insurers if they have paid out already.

https://www.citizensadvice.org.uk/scotland/consumer/somethings-gone-wrong-with-a-purchase/stolen-goods-s1/

AndyMc.....

So what went wrong?

rossmx31 wrote: »

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 solicitor

missile

What does your insurer say?

debtdebt

missile wrote: »

What does your insurer say?

Nothing to do with his insurance.