Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Car "gone missing"

    Hi

    Last night I got my old Rover 400 towed away for scrap by a firm (a garage or scrapyard possibly, the ad in the paper left no company name). I spoke to them last week and arranged the pick-up and was intending to go around before 17:30 last night (when they agreed to come) to take some things out of the car (a subwoofer and amplifier) but when I arrived the car had gone.

    Earlier today I rang the same people and they said that they didn't have any record of them taking my car. This strikes me as fishy because they gave my dad £15 for the car (which I agreed with them over the phone in my first call) and they also came at the right time (near enough anyway). The man on the end of the phone asked if they had left a certificate to say the car had been towed but they hadn't.

    I'm now worried that this car may have been "stolen". It is stil registered to me and has disappeared without trace. I am debating ringing my local constabulary for advice. If these people park my car on the road I will get fined due to having an expired tax disc (I issued the car with a Statutory Off-Road Notice last month).

    Ideally I'd like the subwoofer and amp back but I highly doubt I'll see it again now. I'm also a bit worried that these people may have committed any crimes in my car, as it will just go come back to me! Can anyone give me any advice?

    Thanks in advance
    Jordan

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  2. #2
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    Default Re: Car "gone missing"

    Hi. If the scrap people are adamant that they did not take the vehicle and you don't have a certificate from them, I would report it as stolen asap. Report it to the police. Otherwise you will have a nightmare from DVLA, because you will remain as the RK, and you do not have a name and address to transfer ownwership to. If you do nothing this could take up more of your time than you imagine.


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    Default Re: Car "gone missing"

    Hi there.

    I've just got off the phone with the local constabulary and they said that it can't be treated as stolen because I entered a verbal contract with the people that took it away... Even though the people that took it away are saying that they didn't take it!

    I have an address for the company but no name. If I let the DVLA know that my car has been scrapped, will this make me safe from prosecution if my car is used to commit crime?

    Cheers again!
    Jordan


  4. #4
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    Default Re: Car "gone missing"

    fill in the vehicle registration doc "I presume you still have it" and send it to the DVLA with a covering letter

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  5. #5
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    Default Re: Car "gone missing"

    Yeah I still have all the documents. I guess I'll just have to sign it off as scrapped and hope that it's out of commission wherever it is!

    Cheers again
    Jordan


  6. #6
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    Default Re: Car "gone missing"

    I'm not sure I would advise this. When you sign the V5C as being scrapped, you are declaring that you personally dismantled and crushed the vehicle. If the vehicle (very unlikely in your circumstances) continues to be used on the road you may have problems with DVLA.


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    Default Re: Car "gone missing"

    Hi again

    I have spoken to the DVLA and they told me to write a letter and send it to their VNC division telling them what happened. The phone operator said that it shouldn't be a problem after that, I just need to let them know that anything that the car is involved in is nothing to do with me. I know the DVLA can be difficult at times and I realize that just because someone from the DVLA tells you something does not exactly mean it's true. However, I don't really have any other ideas on what to do and it seems like the best way to go. Obviously I'll photocopy the letter and send it by recorded delivery so I can prove that I sent it to them.


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    Default Re: Car "gone missing"

    Have you asked around where the car was parked, did anybody see it taken, if it was put on a low loader or pick up somebody would have noticed it?


  9. #9
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    Default Re: Car "gone missing"

    Quote Originally Posted by DF_Jordan View Post
    Hi again

    I have spoken to the DVLA and they told me to write a letter and send it to their VNC division telling them what happened. The phone operator said that it shouldn't be a problem after that, I just need to let them know that anything that the car is involved in is nothing to do with me. I know the DVLA can be difficult at times and I realize that just because someone from the DVLA tells you something does not exactly mean it's true. However, I don't really have any other ideas on what to do and it seems like the best way to go. Obviously I'll photocopy the letter and send it by recorded delivery so I can prove that I sent it to them.
    Ask for a receipt of delivery from DVLA - you know what they are like.

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    Default Re: Car "gone missing"

    Yeah, I've requested a reply. I think it should work if I send the letter recorded delivery.

    To raydetinu: My car wasn't "stolen" per se; they were expected to come and my dad handed over the keys. I described it as such because there is no record on their files of them picking it up, and I don't have a receipt of collection or anything. I just don't know where it is now, which is what bothers me.

    I've written my letter and I'm going to mail it to the DVLA today. Hopefully I'll get a nice, fast reply from the DVLA, LOL.


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    Default Re: Car "gone missing"

    Re : the police. You need to report an offence of obtaining property by deception, mainly that the offender deceived you by pretending to be a recovery agent in order to obtain possession of your vehicle.


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    Default Re: Car "gone missing"

    Hi there

    I've already phoned the police but they said that no crime has been committed. I'm pretty sure you are right too but the police (around my area anyway) seem to have a knack of making up some excuse not to investigate. They've already told me that it's not their problem and that they're not going to investigate, I doubt very much that I can say anything to change their minds!


  13. #13
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    Default Re: Car "gone missing"

    Quote Originally Posted by DF_Jordan View Post
    Hi there.

    I've just got off the phone with the local constabulary and they said that it can't be treated as stolen because I entered a verbal contract with the people that took it away... Even though the people that took it away are saying that they didn't take it!

    I have an address for the company but no name. If I let the DVLA know that my car has been scrapped, will this make me safe from prosecution if my car is used to commit crime?

    Cheers again!
    Jordan
    This is rubbish. This is just them trying to get rid of you.

    You should record calls like this. Have a look at our telephone recordericon review setion.

    Write a letter to the chief Inspector (adminicon) for that station and tell him what has happened and that you want it officially noted and a crime refernce number for the theft.
    Tell him also what happened when you tried to report it.

    I am sure that you will get a very decent letter and apology back.

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    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  14. #14
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    Default Re: Car "gone missing"

    Hi again

    This did strike me as a good idea, however when I rang the constabulary and told the phone operator the situation, she put me on hold while she "asked the sergeant" and what they told me about it not being an issue for them to look at was in fact the opinion of the sergeant. I assume he must have been in command or at least in a fairly senior position so I figured that I wasn't going to get anywhere.

    I shall now write up a letter to the constabulary addressing the problem. Unfortunately I neglected to note the name of the phone operator or the sergeant she consulted, will this matter very much? Also, is there anything that any of you feel is important to add into the letter? I don't have a lot of experience with letters in these cases, and I'd like to get it write first time - it's pretty clear to me that the constabulary have no interesticon in this issue whatsoever so I can't imagine that just because I've sent in a letter that they'll spring into action.

    Cheers once more
    Jordan


  15. #15
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    Default Re: Car "gone missing"

    I agree with Bankfodder. Write the letter and keep a copy. Otherwise technically your situation is that you have disposed of the car without getting the buyer's name and address, and you can only inform DVLA of the date of transfer, and not the new keeper's details. This may get tricky.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE