LEGAL BODS PLEASE READ THIS AND ADVISE
Discussion
Dealer friend of mine buys a car for cash ££s for £9500. Does HPi check etc all ok..........this transaction takes place on a Sunday, with seller coming to premises.
Advertises car, mag comes out Thursday, gets a call at 845 am, turns out the car is stolen. Car was bought with a "wrong" bankers draft on the previous Friday night from a private individual.
As I understand it title cannot pass on a stolen vehicle so the original owner may get his vehicle back and delaer will lose his money. HOWEVER.......the facts of the sale as follows.
THE SELLER ACCEPTED A BANKERS DRAFT ON A FRIDAY NIGHT FROM A MAN THEY HAD NEVER MET BEFORE ONLY SPOKEN TO ON THE PHONE
THEY HANDED OVER THE FULL LOGBOOK WITHOUT FILLING IT IN AND SENDING OFF ANY OF IT THUS MAKING THE CAR SALEABLE AS WITHOUT A LOGBOOK NO DEALER WOULD BUY IT.
THE BANKERS DRAFT WAS A LETS SAY ANYBANK DRAFT....THE WIFE OF THE SELLER WORKS FOR ANYBANK AND ACTUALLY LOOKED AT THE DRAFT BEFORE RELEASING THE CAR!
My question is will the dealer automatically lose the car and it get returned to the original seller??
Does the dealer have course to sue the original seller maybe for neglect etc for taking an unchecked bankers draft and handing over the full logbook thus enaballing the fraudster to dispose of the car??
Any advice most appreciated.
fair bit of civil law in this one IMHO so come on those well versed. Generally, as stated, title does not pass and car returned to true owner.
Presume Police involved and if so remind them of this.
Under Police (Property) Act 1897, where property comes into possession of police through investigation of offence, a Mags Court, on application by either Police or by claimant/s of such property, make an order as to whom the owner is and return property to him. After 6 months of issue of such Order no further claims can be made on the property.
Fair bit of LSD involved here so may well be prudent to take professional advice.
DVD
Presume Police involved and if so remind them of this.
Under Police (Property) Act 1897, where property comes into possession of police through investigation of offence, a Mags Court, on application by either Police or by claimant/s of such property, make an order as to whom the owner is and return property to him. After 6 months of issue of such Order no further claims can be made on the property.
Fair bit of LSD involved here so may well be prudent to take professional advice.
DVD
This case should be a warning to all those people who think a bankers/building society draft is as good as cash... They can be forged, stolen etc, just like a cheque book....
Personally, I think this will end in tears for your dealer friend, but time will tell......, I think you will find the car will end up back with the original seller.....
Whether the dealer will get any joy from the person he bought the car from is another matter, but it will take a long legal process I am sure, that is IF he has any money............
My uncle a few years ago, bought in good faith a Sierra for £6000, (almost all his life savings, he had just retired from the coal board), it turned out to be stolen, re-sprayed to a high standard, with false plates, with a forged reg, book.
The Police were very sorry, but took it off him, and it was returned to the original owner, after a court case.
The shock, caused him to have a stroke, two days after, and he died a few years later a broken man..
You're taking Brunstrom at his word then 
I'm not at all legal, so this is just what I remember being discussed before. There are 2 legal issues here, the first that the payment hasn't been made for the car is a civil matter between buyer and seller, not criminal unfortunately. The 2nd issues is legal, but it is the fraudulent aspect of forging a bankers draft, and that is between the police and the buyer - the seller who has been conned can only report the crime.
As the payment issue is a civil matter it is difficult to get the funds paid.
As the payment issue is a civil matter it is difficult to get the funds paid.
poorcardealer said:
COULD WELL BE........."FRUADSTER" SHARES CASH WITH ORIGINAL OWNER WHO GETS CAR BACK.......START THINKING WIFE WORKS FOR BUILDING SOCIETY THAT DRAFT WAS FROM, LOGBOOK HANDED OVER, SETS THE MIND RACING
Get specialist legal advice urgently! There has to be someone on her in the legal profession who can point you in the right direction!
It does sound like a scam to me.
So lets get this straight . . . dealer pays out £9500 *cash* for a second hand car that's touted to him by somebody he doesn't know who just turns up and wants to sell it . . . he's an idiot ! 
I might try this, take my Dad's car to a local dealer, collect the cash, Dad gets his car back in 3-4 days. Bargain. Wonder why nobody's ever thought of that before
I might try this, take my Dad's car to a local dealer, collect the cash, Dad gets his car back in 3-4 days. Bargain. Wonder why nobody's ever thought of that before
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