Advice to recover money on stolen car.
Advice to recover money on stolen car.
Author
Discussion

SLCZ3

Original Poster:

1,293 posts

235 months

Friday 12th September 2014
quotequote all
Hi there chaps, some advice needed for a friend ( yes a friend ), so the guy bought a car from a dealer and after a couple of months he was stopped by the police and told the car was a stolen vehicle and the police then took the car away.

Now several months on from that he has still not had any feedback/news from the police as to what is happening to the car etc, he had to buy another car to keep mobile for work so he is a fair few grand out of pocket, he still has all the documentation pertaining to the "stolen car".

I have suggested that he contact the dealer he bought it from and ask for his money back. I see it that the dealer had no claim to be able to sell it in the first place.
So what is the best way forward on this, or what has been the most productive action that anyone on here has done to get a good result.
coffee
Thanks in advance.


SLCZ3

Original Poster:

1,293 posts

235 months

Friday 12th September 2014
quotequote all
Hey, a bump for the evening crowd.

xRIEx

8,180 posts

178 months

Friday 12th September 2014
quotequote all
Do he do an HPI check? If so, is there some guarantee with that?

I don't think there's much comeback, when it's gone, it's gone. The dealer may be copping flack too if he's getting done for receiving stolen goods, so your friend may not be high on his priorities. Anything's worth a try though.

V8RX7

28,982 posts

293 months

Friday 12th September 2014
quotequote all
A solicitors letter to the Dealer would be a good way to start.

ging84

9,548 posts

176 months

Friday 12th September 2014
quotequote all
clearly something is missing from this story, or more likely many things

why wouldn't your friend have contacted the dealer right away ?

are we talking about a motor trader here or a drug dealer?

catman

2,504 posts

205 months

Friday 12th September 2014
quotequote all
As far as I know the Dealer would have been expected to offer good title to the car, by doing the required checks.

If he didn't do this, then I expect that he would have to offer a refund. I'm not sure whether it would be for the full amount, but there should be some level of recompense.

V8RX7

28,982 posts

293 months

Friday 12th September 2014
quotequote all
catman said:
As far as I know the Dealer would have been expected to offer good title to the car, by doing the required checks.

If he didn't do this, then I expect that he would have to offer a refund. I'm not sure whether it would be for the full amount, but there should be some level of recompense.
Of course it's the full amount - you aren't allowed to sell stolen items, ignorance is no defence.

rallycross

13,753 posts

267 months

Friday 12th September 2014
quotequote all
If it was a dealer and it was nicked/on finance then the dealer can be chased for a refund, ideally your friend needs bill of sale, prof of payment, copy of advert, recorded letter to dealer stating what has happened and what he will do next etc.

Ps if dealer is dodgy will just ignore all of the above !

CMYKguru

3,017 posts

205 months

Friday 12th September 2014
quotequote all
If he bought from a dealer then i'd be turning up at the dealer with my size 12 on with a solicitors letter.

A dealer should know if his stock is hot or cold by doing HPI, Mot etc so he has no excuse

TheEnd

15,370 posts

218 months

Friday 12th September 2014
quotequote all
Is it on the original plate?

I would suspect that the HPI check would have been done on the plate fitted to the car, whilst it actually was something different (false plates etc)

Cooperman

4,428 posts

280 months

Friday 12th September 2014
quotequote all
I had exactly that several years ago.
I bought a 10-month old Ford. One day about 9 months later the Old Bill came calling and said that they believed the car to be stolen and took it away for forensic testing (it was stolen and someone had tried to register a car with the same VIN which they had bought as a wreck and re-built).
I went to the dealer who lent me a car for a few weeks, but I already had a new car on order and needed a good car for work, so I bought the new car.
Then I sued the dealer and it actually went to court, despite the dealer's solicitors advising him to settle.
In the end I received back the original price paid with no depreciation for the 9 months of use, plus interest on that sum from the time of having the car taken from me, plus a goodly sum for 'loss of quiet enjoyment', plus my full legal costs.
The court's ruling was that the dealer, whether with or without their knowledge, had sold title which they did not own and were thus liable in full. Result.
However, don't screw about on this. Issue legal letters and, if necessary, papers immediately.

pork911

7,365 posts

213 months

Saturday 13th September 2014
quotequote all
Swiss cheese.

No mention at all of any documentation and mate needs a nudge to speak to dealer?

Helicopter123

8,831 posts

186 months

Saturday 13th September 2014
quotequote all
What did the HPI check say at the time?

anonymous-user

84 months

Saturday 13th September 2014
quotequote all
This story has more than a whiff of cheese, if not fish, about it, but if the facts are as stated then a claim against the dealer would be a slam dunker. The dealer impliedly warranted title to sell the car when he purported to do so.

SLCZ3

Original Poster:

1,293 posts

235 months

Saturday 13th September 2014
quotequote all
Thanks for the info guys, the HPI was done by my friend, the police so far have just said "we will contact you about it" but so far nothing despite being contacted several times. My friend is currently contacting a solicitor over the issue.
I have suggested that he visit the dealer, as far as I am aware he has not contacted the dealer at all.
I shall suggest that we both visit the dealer and ascertain his attitude.
Again thanks guys, hopefully I can update in the near future.

anonymous-user

84 months

Saturday 13th September 2014
quotequote all
The police will not provide a solution, as their sole concern is with the theft. It is for your "friend" to pursue his remedy against the dealer. Visit if you like, but why not just write politely but firmly requesting payment? If the dealer won't deal after some reasonable correspondence, issue a claim.

xRIEx

8,180 posts

178 months

Saturday 13th September 2014
quotequote all
SLCZ3 said:
I have suggested that he visit the dealer, as far as I am aware he has not contacted the dealer at all.
I shall suggest that we both visit the dealer and ascertain his attitude.
That's why you pay a solicitor, let them deal with it.

pork911

7,365 posts

213 months

Saturday 13th September 2014
quotequote all
So, did he complete old V5 and later receive the new one, in the couple of months before he was stopped by the police?

surveyor

18,691 posts

214 months

Saturday 13th September 2014
quotequote all
SLCZ3 said:
Thanks for the info guys, the HPI was done by my friend, the police so far have just said "we will contact you about it" but so far nothing despite being contacted several times. My friend is currently contacting a solicitor over the issue.
I have suggested that he visit the dealer, as far as I am aware he has not contacted the dealer at all.
I shall suggest that we both visit the dealer and ascertain his attitude.
Again thanks guys, hopefully I can update in the near future.
Your friend must be very laid back. I think I'd be on the dealers doorstep very soon after a car was removed by the police from my driveway...

SLCZ3

Original Poster:

1,293 posts

235 months

Saturday 13th September 2014
quotequote all
Ok abit more info on the subject in question, the stolen car was bought 3 months ago, on finance, the finance was paid off a month later and just after that the police descended mob handed and stopped him on the road and informed him the car was stolen ec.

He has contacted the dealer who has said it is not the dealers problem and to contact the finance, so to my mind the finance should be contacted as they actually purchased/owned, from the dealer-wrong/right? and then sold it on-wrong/right? to my friend, so any action should be directed to the finance-right/wrong??

Anyway told the guy to get all the documents together, he moved house at the time so docs are still at old residence, docs as in finance-log book etc.
He is not much of a car buff so cannot even remember the reg number of the stolen car!!!!!!!