Legal help and advice required pls chaps
Discussion
Good Morning all,
at the moment I cant go into too much detail, but sufice it to say that an unsrupulous dealer has relieved me of both my car AND my money!! ....this offence happened about 4 months ago, since when I have had the police heavily involved (who were fantastic btw). The dealer in question was arrested and placed on bail last month, but the cps came back with the ruling of theft by deception (which the guy has admitted to). My real problem is that this throws the whole problem back into the civil arena, and dosent leave me with either car or money. Also, just something for all of you to check on, my insurance wouldn't pay out as (I must admit I didnt check - but you dont do you?) theft by deception was NOT covered in my policy. If anyone can help me out with advice, or the name/number of a good solicitor used to dealing with cases of this type it would be much appreciated and rewarded with a good pint or 2,
Snazza
at the moment I cant go into too much detail, but sufice it to say that an unsrupulous dealer has relieved me of both my car AND my money!! ....this offence happened about 4 months ago, since when I have had the police heavily involved (who were fantastic btw). The dealer in question was arrested and placed on bail last month, but the cps came back with the ruling of theft by deception (which the guy has admitted to). My real problem is that this throws the whole problem back into the civil arena, and dosent leave me with either car or money. Also, just something for all of you to check on, my insurance wouldn't pay out as (I must admit I didnt check - but you dont do you?) theft by deception was NOT covered in my policy. If anyone can help me out with advice, or the name/number of a good solicitor used to dealing with cases of this type it would be much appreciated and rewarded with a good pint or 2,
Snazza
Federation of Small Businesses. You get legal cover with them if you are. Just a thought. snazza said:
yeah ...tried them.....the term 'chocolate teapot' could have been invented for them 
Can you elaborate on that?
A lot of the time they try to fob you off, but if you read the policy carefully you have a lot more rights than you think. My girlfriend was with a large 'supermarket' insurer and when I sorted her case out for her as it was their opinion that 'every roundabout accident is 50/50, nothing you can do about it" I felt was wrong.
I asked them about a solicitor and was told that they would appoint one of theirs for me 'if and when' they thought is was necessary. They werent happy when I pulled them up on it - the policy includes the solicitor of YOUR CHOICE at the first instance you think there is a conflict of interest between you and your insurer.
In your case, thats now. That would be a good starting point in finding out whether they will pay.
Your other option would be to start civil procedures. The problem with this is that it comes down to how much money and assets the guy has. If nothing else though, if you take it through the county court the proces is pretty simple and cost a couple of hundred quid - which will be added to the debt. The debt will be made public and whilst the debt is still outstanding if he does not pay you can ask the court to employ bailiffs to sell his stuff.
Im not sure i fully understand the situation but.
Why dont you check who is the registered keeper of the car. The cars registration document may provide this. If you are still the owner/registered keeper of the car then the car is still yours. You own it.
Having never actually bought a car myself i have no experience of the different forms/declarations you must make. However it is something you should look into.
What you must submit is that you did not intend to transfer ownership of the car until he kept his end of the deal. Provable by the fact the car has not been transferred to his name.
I think if the case of fraud does not order a restitution. Assuming he still has the car. Also any crime of deception can in fact result in an order of payment to resurrect the void contract. Fraud is a crime of deception. Also you may be able to claim costs and damages - even your current travele expenses are a foreseeable cost.
In the end youll just have to wait until trial. If you are stuck for transport then hire a car. With a reason of validity for model. Then you will be entitled to damages.
But again just wait until what is ruled. These bags of shite will try to play you - in the end of the day their the criminals. Also get on the phone to your insurance company.
The money you spend, was it paid by visa or similiar card. If so they may recover that for you with their legal team.
Good luck
Why dont you check who is the registered keeper of the car. The cars registration document may provide this. If you are still the owner/registered keeper of the car then the car is still yours. You own it.
Having never actually bought a car myself i have no experience of the different forms/declarations you must make. However it is something you should look into.
What you must submit is that you did not intend to transfer ownership of the car until he kept his end of the deal. Provable by the fact the car has not been transferred to his name.
I think if the case of fraud does not order a restitution. Assuming he still has the car. Also any crime of deception can in fact result in an order of payment to resurrect the void contract. Fraud is a crime of deception. Also you may be able to claim costs and damages - even your current travele expenses are a foreseeable cost.
In the end youll just have to wait until trial. If you are stuck for transport then hire a car. With a reason of validity for model. Then you will be entitled to damages.
But again just wait until what is ruled. These bags of shite will try to play you - in the end of the day their the criminals. Also get on the phone to your insurance company.
The money you spend, was it paid by visa or similiar card. If so they may recover that for you with their legal team.
Good luck
bi9_jk said:
What you must submit is that you did not intend to transfer ownership of the car until he kept his end of the deal. Provable by the fact the car has not been transferred to his name.
Exactly, hence asking for a copy of the contract, which in theory will state that title does not pass until the owner has been paid in full.
That would mean Nemo Dat kicks in, and the poor sod who currently has the car has to give it back, and seek his losses from the dealer, instead of you.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff