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Purchased car from Vertu Jaguar Landrover to find out 2.5 years later it has stolen parts on it

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Comments

  • Mr.Generous
    Mr.Generous Posts: 4,011 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    caprikid1 said:
    "That’s a classic ringer/clone case. Once the police find mismatched VINs and a stolen identity, the car is gone – you can’t own stolen property no matter how innocent you are."

    Case law believes otherwise, but unlikely to apply in this case.

    Case law? In England case law is made by the high court. Which case are you thinking of?
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
  • A_Geordie
    A_Geordie Posts: 294 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 9 September at 9:03PM

    Case law? In England case law is made by the high court. Which case are you thinking of?
    I think you intended to mean all senior courts, which includes the High Court.

    I suspect caprikid1 may be referring to case law in relation to the Nemo Dat rule i.e. no person can give what they cannot have. However, the key legislation will be section 27 of the Hire Purchase Act 1964 which provides an innocent purchaser protection if they purchase the car in good faith without knowlege of a finance agreement. 

    However, I don't think the HPA protects the OP because section 27(6) says: 

    (6) Nothing in this section shall exonerate the debtor from any liability (whether criminal or civil) to which he would be subject apart from this section

    There may be no protection under the HPA if there is no finance agreement attached to the car with stolen parts and the nemo dat rule applies.
  • The insurance company were not interested to be honest, they didn't give any information at all.  i did have legal cover but not anymore as the policy was cancelled when the police seized the car for forensic testing.
  • i have a car loan through Lloyds - they technically own the car until the finance is paid in full, then it's mine.

    i have raised a complaint with Lloyds, but Vertu JLR are being very slow at giving me any kind of information, also i am waiting on the forensic report from the police.
  • We didnt look at HPI as we assumed we were buying from a reputable company, it's not like it was a back street garage.

    both the police and Vertu JLR have said the part must have been fitted before they received it, so thankfully no come back on us for that.
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