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

IamNotAllowedToUseMyName

The fact it has been improved does not make it their car but they are apparently entitled to compensation for their improvements.

So if they have taken your stock VW Golf and "improved it" into being a ground scraping bright green shed, they are entitled to be paid for their improvements.

It is messy, but I think that the police should cooperate in recovering the car and be leaving the shed merchant to claim their improvements from you. You might have a counterclaim for damage.

It is messy and not obvious that the legal position relates to the "fair" position.

Johno100

debtdebt wrote: »

Nothing to do with his insurance.

Someone else with 20/20 hindsight.:T

That was a perfectly reasonable question to ask based on the OP.

missile

debtdebt wrote: »

Nothing to do with his insurance.

I have legal cover with my policy and I would be phoning them for advice before posting on an internet forum :money:

rossmx31

Retrogamer wrote: »

It seems police will seize a stolen car from you when you are an innocent party, however they will not treat the person who currently has your car the same way

Exactly 🤔🤔🤔

rossmx31

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

Online via swaps.co.uk. I had an Audi S5, the seller had an Audi Q3, I needed a more practical car, he “wanted an M3 / S5 / C63 etc”. Both were of similar value and a swap was agreed.

Can’t claim off insurance - insurance is void for fraudulent sales

rossmx31

antrobus wrote: »

That would be the difference.

If the innocent purchaser of your stolen car has spent money on improving your car, a new set of tyres, a new gearbox, a flux capacitor, whatever, they are entitled to some compensation.

All you can do is ask them how much they want and for what.

You can always consider taking legal advice.

But I likewise spent money on the car I had swapped prior to it being seized. And the money this new innocent purchaser has spent on the car is not my fault, that’s something they should take up with the person they purchased the vehicle from surly?

AndyMc.....

rossmx31 wrote: »

But I likewise spent money on the car I had swapped prior to it being seized. And the money this new innocent purchaser has spent on the car is not my fault, that’s something they should take up with the person they purchased the vehicle from surly?

I'll ask you again, so what went wrong?

rossmx31

HWG wrote: »

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.

This is what seems logical to me and as I also understand it. However, the police are being painfully difficult, as well as completely inconsistent in how they have dealt with two identical situations. It looks like I’ll be forced down the civil route, however, the Police aren’t releasing details of who the innocent purchaser is 🤬🤬🤬🤬

rossmx31

AndyMc..... wrote: »

I'll ask you again, so what went wrong?

Apologies just responding to the various replies since I posted last night

The Police went to seize the vehicle, only it had been sold. 🤬

Subsequantly traces the car to its new owner, but they (the Police) have now decided against a different course of action as the current keeper has purchased the car innocently and spent money on it.

How this scenario is any different to the scenario with the car the Police recovered from me is anyone’s guess. I’ve tried taking things through the Police complaints procedures but so far everything is coming up short.

I’m almost left with being forced to go down the full legal route, but I can’t even obtain the information I need from the Police to do this.

missile

It would seem you have grounds to ask DVLA to provide you with details of the registered keeper.