Car reported stolen 4 months after purchase

Car reported stolen 4 months after purchase

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Discussion

Loulou1981

Original Poster:

13 posts

82 months

Monday 8th May 2017
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Hi all,

Bit of advice needed please.

We brought a lovely car back in January 2017 and absolutely love it!!

Imagine our shock and horror last week when we received a letter from the police to say that our car was reported stolen on Monday. Apparently the owner has been away for the last six months, returned home on Monday and noticed it missing.

Don't know much more details from the police regarding the owner and his story. We gave the police all the info we have on the seller - personal details we have, description of him. How we brought the car, where we saw it advertised etc.
When we purchased the car we received MOT papers, full service history details, v5c form and keys etc etc. We paid two thirds in cash and a third by bank transfer.

So we're just waiting to hear from the police now. We honesty don't know what to do next. We can't think of anything else at the moment.

Surely the owner will have to prove its been stolen? (Forced entry etc) and explain how the seller had all the relevant forms and the keys etc? I just can't believe he'll get his car back and we have no legal rights whatsoever.

Please give us some hope...
Thank you all

Gareth79

7,628 posts

245 months

Monday 8th May 2017
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Same question as the reply on the other topic - did you buy from the address on the V5, and was the house open at the time? I still don't think it would actually make any difference though, if the car was, for example "sold" by the owner's brother who was looking after the house then it still wasn't sold legally.

The scenario of somebody selling a car that belongs to somebody away by stealing the keys/documents is pretty hard to avoid though, I think most people would be caught out by a skilled fraudster.

edit: It's worth checking to see if you have insurance on your home legal cover, or employment etc. If you suspect the person is lying then it's likely worth investigating legal avenues, although the police should be helping figure that out too.


Edited by Gareth79 on Monday 8th May 18:46

98elise

26,376 posts

160 months

Monday 8th May 2017
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While I feel for you, you can't expect the original owner to give up his car because you've bought it.

When I was in the armed forces my cars would regularly be left at home for a few months, and at one point I was away for over 6 months. If I came back to find it missing I'd definitely want the car back ASAP.


akirk

5,376 posts

113 months

Tuesday 9th May 2017
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check with dvla previous keepers on v5c, while not a document proving ownership, in most cases it will match... was your seller's name on the v5c, was it the name of the person claiming to own it...

ask your seller to show proof of ownership, and the person claiming it is stolen

is there any relationship between the two people?

CypSIdders

842 posts

153 months

Tuesday 9th May 2017
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Been there done that, although the police didn't bother with any niceties, they broke into it and drove it away without telling me, which was a bit of a bummer as it was parked up miles from home, in the middle of nowhere, while I was fishing.
I bought the car with keys and a log book, 18 months later it turned out to be stolen.

I am the bearer of bad news, if the car you bought has, in fact, been stolen you'll lose the car and the money you paid for it!

PorkInsider

5,877 posts

140 months

Tuesday 9th May 2017
quotequote all
CypSIdders said:
I am the bearer of bad news, if the car you bought has, in fact, been stolen you'll lose the car and the money you paid for it!
Absolutely.

OP, not sure what you're meaning when you say you can't believe the owner will get their car back and you'll have no legal rights?

What else would you expect?

DaveH23

3,230 posts

169 months

Tuesday 9th May 2017
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Loulou1981 said:
Imagine our shock and horror last week when we received a letter from the police to say that our car was reported stolen on Monday.
Since when did the police start sending letters asking for stolen property back?

If this was genuinely stolen surely this is just giving the people that have it a heads up to move it on or am I not reading this properly.

Mrr T

12,152 posts

264 months

Tuesday 9th May 2017
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PorkInsider said:
CypSIdders said:
I am the bearer of bad news, if the car you bought has, in fact, been stolen you'll lose the car and the money you paid for it!
Absolutely.

OP, not sure what you're meaning when you say you can't believe the owner will get their car back and you'll have no legal rights?

What else would you expect?
Do not disagree if the car was stolen. This would mean the thief broke into the property, I assume, stole all the paper work for the car, the V5, the keys and the car and then sold it.

That could have happened but also its possible the owner allowed someone to house sit maybe even use the car. That person then sold the car with paper work and pocketed the money. The owner returns and reports the car stolen. In this case, as per the other similar thread, it all becomes a question of what authority did that person have to dispose of the car. If this is the case then it much more complex. Based on other posts if it is the Police are likely to take no action and allow it to be settled by a civil case.

havoc

29,928 posts

234 months

Tuesday 9th May 2017
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One new thought - is it cloned?


If not, and if the original V5C was used and sent to DVLA (so you are now official RK), that surely muddies the waters too...
- Whose signature on the V5C 'selling' the car?
- Where did bank transfer go?
- What relationship does this person have to the "previous" owner?

I'd be keeping the car blocked-in whilst at home for a while until this is all resolved, to stop any excitable people from taking it from you prematurely.
I'd definitely be taking some legal advice (via home ins. as suggested?)
I'd be digging out all correspondence from the original sale, copying it (& keeping originals safe), and sending copies on to police / whoever is interested.

paul789

3,676 posts

103 months

Tuesday 9th May 2017
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OP, how dare you make a purchase, undertaken reasonable due diligence and suffer some misfortune?

You are the OP, and you *must* be partly at fault - it's SPL after all.

BMWBen

4,899 posts

200 months

Tuesday 9th May 2017
quotequote all
Mrr T said:
PorkInsider said:
CypSIdders said:
I am the bearer of bad news, if the car you bought has, in fact, been stolen you'll lose the car and the money you paid for it!
Absolutely.

OP, not sure what you're meaning when you say you can't believe the owner will get their car back and you'll have no legal rights?

What else would you expect?
Do not disagree if the car was stolen. This would mean the thief broke into the property, I assume, stole all the paper work for the car, the V5, the keys and the car and then sold it.

That could have happened but also its possible the owner allowed someone to house sit maybe even use the car. That person then sold the car with paper work and pocketed the money. The owner returns and reports the car stolen. In this case, as per the other similar thread, it all becomes a question of what authority did that person have to dispose of the car. If this is the case then it much more complex. Based on other posts if it is the Police are likely to take no action and allow it to be settled by a civil case.
It's actually much simpler than that - a friend of mine had it happen to his car. It goes like this:

1. Spot that a car hasn't moved for a while
2. Apply for the v5 from the DVLA - they'll send a letter to the registered keeper, and if they don't get a response, they'll send one out to the "new keeper".
3. Go to dealership and purchase replacement keys, present them with the V5, and maybe an insurance document
4. Ask them for service history print out.
5. Put car up for sale, sell it, move on and disappear.

Earthdweller

13,432 posts

125 months

Tuesday 9th May 2017
quotequote all
To the OP

There are numerous ways the Police can act in these matters

In straightforward thefts they can just seize

However where a genuine buyer is involved and it can be proven that they buyer has acted in good faith and with due diligence and paid a fair price for the vehicle ...

Then the Police are likely to go down the "interpleader" route whereby they will leave the vehicle with the innocent purchaser and serve forms on them saying that they cannot dispose/alter etc as the vehicle is in disputed ownership

The matter then becomes a civil issue and not a matter for the criminal courts

It then becomes a lengthy process through the civil courts to establish rightful title

Chucklehead

2,729 posts

207 months

Tuesday 9th May 2017
quotequote all
My old man had this with a car he bought circa 2001. He also got a letter through, and it eventually transpired that the other car had been cloned from his.. doesn't help you, but perhaps it's the other car that's been stolen? (Twice!)

elanfan

5,516 posts

226 months

Wednesday 10th May 2017
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My troll detector is starting to tingle.

Mill Wheel

6,149 posts

195 months

Wednesday 10th May 2017
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elanfan said:
My troll detector is starting to tingle.
Has the OP been promoted to SP&L?
They only joined on the 7th May, so if not, it is hardly surprising they have not been able to respond to a post that was moved here!

Shaw Tarse

31,543 posts

202 months

Wednesday 10th May 2017
quotequote all
Mill Wheel said:
Has the OP been promoted to SP&L?
They only joined on the 7th May, so if not, it is hardly surprising they have not been able to respond to a post that was moved here!
They have now.

robinessex

11,046 posts

180 months

Wednesday 10th May 2017
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If part payment was by bank transfer, its destination be be found

Loulou1981

Original Poster:

13 posts

82 months

Wednesday 10th May 2017
quotequote all
Thank you all for your comments and advice.

At this point, we're still waiting to hear from the police in regards to what is happening next. We've been advised that we can still drive the car but obviously can't sell it (what sort of person would do that anyway??) Oh... Hang on....!!

Anyway, in regards to the above questions. My husband states that the seller was on the v5c form as a trader. (We can't remember if the address on the form was the address we met him at when we brought the car). The property was open (with other people present).

Not sure I worded the original message correctly but what I meant was surely the owner would have to prove without reasonable doubt that he has been the victim of theft? I find it very hard to think that someone would go away for such a long time, leaving your very nice car in a garage and not ask someone to at least check on it? Also, the seller had keys, registration papers (which had the owners details on it), MOT papers (with an attached credit card receipt) and full service history?? I don't know.. Maybe we're being to cynical here...

We've spoken to our insurance company, citizens advice bureau, DVLA and now we're just in the hands of the police.

Can't think of much else at the moment and dread to think we're going to lose the car and the £15k we paid for it. Very depressing indeed!

But thank you all again for your advice, very much appreciated!

Loulou1981

Original Poster:

13 posts

82 months

Wednesday 10th May 2017
quotequote all
Apologies, but what is SP&L? All new to this smile

fido

16,752 posts

254 months

Wednesday 10th May 2017
quotequote all
Loulou1981 said:
Also, the seller had keys, registration papers (which had the owners details on it), MOT papers (with an attached credit card receipt) and full service history??
Did it have the original car manual and service book with stamps? Or do you mean a printed out service history?