Bought a car where there is fraud in the chain of sale
Bought a car where there is fraud in the chain of sale
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Jim on the hill

Original Poster:

5,122 posts

212 months

Thanks all

Edited by Jim on the hill on Tuesday 24th February 15:47

TonyF1

220 posts

74 months

The bank who issued the credit card own the car as they ultimately paid for it. Had similar where we owned a brand new M5 bought through a fraudulent personal loan. Car went to auction and that’s your best hope as it’s unlikely you’ll be able to find out who which bank own the car.

Doesitdrive

309 posts

3 months

, I would be putting pressure on the dealer who sold you it to either sort the issue or refund your money.

Jim on the hill

Original Poster:

5,122 posts

212 months

TonyF1 said:
The bank who issued the credit card own the car as they ultimately paid for it. Had similar where we owned a brand new M5 bought through a fraudulent personal loan. Car went to auction and that s your best hope as it s unlikely you ll be able to find out who which bank own the car.
Thanks, not sure why I didn't think of that. Going to have a chat with the police and see if they would be happy to pass my number to them as I'm sure the credit company would like it off their books. Using the refund from the dealer obviously, certainly don't want to pay twice no matter how much i like the car!

Jim on the hill

Original Poster:

5,122 posts

212 months

Doesitdrive said:
, I would be putting pressure on the dealer who sold you it to either sort the issue or refund your money.
This will be part of the solution or the solution yes. Just trying to see if there is a better solution where the person who experienced the loss gets made right, I keep the car and I cooperate with the dealer so they can claim their loss through their insurers.

Messy I know.

UK_Scat_Pack

517 posts

178 months

I would be getting a refund from the dealership ASAP as if and when that car gets seized, you will be left with nothing!

cliffords

3,541 posts

45 months

UK_Scat_Pack said:
I would be getting a refund from the dealership ASAP as if and when that car gets seized, you will be left with nothing!
Agreed, this could turn to a position where the car is legitimately taken from you ,and you will have nothing. You bought something from someone who did not own what they were selling.
Return the car and get the full refund now .

Many years ago I used to collect cars , it's not an unusual situation you have described.

ashenfie

2,143 posts

68 months

TonyF1 said:
The bank who issued the credit card own the car as they ultimately paid for it. Had similar where we owned a brand new M5 bought through a fraudulent personal loan. Car went to auction and that s your best hope as it s unlikely you ll be able to find out who which bank own the car.
It does not work like that. The credit card company will simply charge back the money from the merchant who sold the car.
So the merchant owns the car. This is not a pcp or loan situation, in terms of next steps. It the dealers issue as he had no right to sell the car. I suspect they could settle the matter with the owner without issue. Ultimately it’s going to be treated as a civil matter.

fridaypassion

11,104 posts

250 months

Dealer will probably request it back so they can back it to the auction or probably came through. The dealer has been defrauded here as well the hpi system is a mess and evidently they're was no marker on it when they got it.

Jim on the hill

Original Poster:

5,122 posts

212 months

fridaypassion said:
Dealer will probably request it back so they can back it to the auction or probably came through. The dealer has been defrauded here as well the hpi system is a mess and evidently they're was no marker on it when they got it.
There is no marker on it now which I find quite strange. I carried out another HPI yesterday. It's all very strange to me.

E-bmw

12,133 posts

174 months

Jim on the hill said:
fridaypassion said:
Dealer will probably request it back so they can back it to the auction or probably came through. The dealer has been defrauded here as well the hpi system is a mess and evidently they're was no marker on it when they got it.
There is no marker on it now which I find quite strange. I carried out another HPI yesterday. It's all very strange to me.
I stress I am no expert but by the sounds of it I wouldn't necessarily expect there to be a marker on it.

It hasn't been written off.

There is no outstanding finance against it.

It hasn't been imported.

There is an ongoing investigation into its history that is likely to determine fraud, but that is ONGOING.

Jim on the hill

Original Poster:

5,122 posts

212 months

E-bmw said:
Jim on the hill said:
fridaypassion said:
Dealer will probably request it back so they can back it to the auction or probably came through. The dealer has been defrauded here as well the hpi system is a mess and evidently they're was no marker on it when they got it.
There is no marker on it now which I find quite strange. I carried out another HPI yesterday. It's all very strange to me.
I stress I am no expert but by the sounds of it I wouldn't necessarily expect there to be a marker on it.

It hasn't been written off.

There is no outstanding finance against it.

It hasn't been imported.

There is an ongoing investigation into its history that is likely to determine fraud, but that is ONGOING.
That makes sense, thanks.

I've got a letter ready to send special delivery stating I need to be refunded in 7 days under the consumer rights act as they didn't have the valid title the sell.

Also awaiting a callback from the manager as I want to chat it through, will be firm but ultimately they are a good dealer and I don't think anyone will want an owner deprived or a good car to be lost to the auction system.

WPA

13,503 posts

136 months

UK_Scat_Pack said:
I would be getting a refund from the dealership ASAP as if and when that car gets seized, you will be left with nothing!
Agreed, get the refund ASAP as you could lose both the car and money

Trevor555

5,065 posts

106 months

A dealer friend got caught many moons ago.

Sold a cheap van, and allowed the buyer to pay by credit card, which turned out to be someone elses card.

Quite simple outcome, the credit card company clawed back the money from the supplying dealer (my friend)

That was the end of it for him, no idea if the credit card company pursued the van?

Please let us know the outcome OP.

OutInTheShed

12,930 posts

48 months

Having paid the £500 deposit by credit card, it might be worth contacting the credit card provider.
I'm not sure what their liability is, but they should know the rules of the game and at least offer advice?
I expect they keep a pet lawyer in a basement somewhere?

It's at least polite to inform them as they may have skin in the game?

One point, the dealer will have paid trade for the car, you've paid retail.
If you end up returning the car, the trader has lost his profit as well as being in dispute with whoever sold it to him.
Basically as an end user, the car is worth more to you than to the trade.
Does the true owner actually want the car, or is he just wanting money, which will likely be trade-in price not retail?

Best of luck with it.

BrokenSkunk

5,025 posts

272 months

£35K ?
Engage a solicitor and get professional advice immediately.

BertBert

20,860 posts

233 months

Jim on the hill said:
There is no marker on it now which I find quite strange. I carried out another HPI yesterday. It's all very strange to me.
Did you HPI initially and get their "guarantee"? That might be helpful if you end up out of pocket.

darreni

4,323 posts

292 months

BrokenSkunk said:
£35K ?
Engage a solicitor and get professional advice immediately.
This 100%.

Mad Maximus

865 posts

25 months

Good luck and hopefully the dealer will refund you pretty quick. If it were me I would park the car somewhere safe and out of the way.

Trevor555

5,065 posts

106 months

Jim on the hill said:
Fast forward to yesterday: The police have contacted me. It turns out the car was originally obtained via credit card fraud prior to the dealer acquiring it. The "True Owner" (presumably an insurer or the original victim) is now asserting interest. The police aren't seizing it but have confirmed the title is "clouded."


Edited by Jim on the hill on Tuesday 24th February 09:09
Im surprised the Police are getting involved in a title dispute.

If Hpi clear it hasn't been reported stolen.

Were they contacting you to assertain if you were involved in the fraud?