illegal car repossession can u help

[allan b]

my girlfreind bought a car from a private seller 3 months ago the car was in her name and had a receipt from the seller last night i had a phone call telling me the car had been stolen. the finace company had instructed central scotland investigation to lift the car. the had a key and took the car from outside my house without my permission or without even talking to me the car had all my personal items (car seat pram ect). i stopped them on the road and they called the police who said they can take the car legally and allowed them on there way with it also charging me with breach of peace. can they do this without contacting me or without a court order, ?????

[dx100uk]

sadly yes

seems like there was outstanding finance?

 

should not of been sold.

 

where you go from here is another matter......

 

 

dx

[raydetinu]

But if bought in good faith, you become the legal owner and they cannot take it; they have to chase the person who sold it for any outstanding money. Contact the finance company immediatek]ly and demand its return; send proof of ownership receipts, copy of V5 etc. If the dont return in 7 days you will take them to court for the return or the monies you paid.

[buzby]

Not in Scotland they can't - if this took place north of the border, you have good title. Can you confirm your location (since Central Scotland Investigation is involved).

[patdavies]

But if bought in good faith, you become the legal owner and they cannot take it; they have to chase the person who sold it for any outstanding money. Contact the finance company immediatek]ly and demand its return; send proof of ownership receipts, copy of V5 etc. If the dont return in 7 days you will take them to court for the return or the monies you paid.

 

In England & Wales, this is only true if you purchase from a trader.

 

The finance company own the car and are entitled to reclaim it, regardless of how much you have paid and how long ago. You legal recourse is to sue the seller for the monies paid.

 

Having said that, the finance company are in the wrong in taking (and keeping) your property within the car.

[Toulose LeDebt]

I smell logbook loans rather than a reputable car finance company who would have been more likely to contact you first.

[allan b]

the car was in glasgow ? thanks

[buzby]

You car has been stolen. Many english firms rely on ignorance, but if you bought in good faith and can prove this (no £50 notes to a man in a pub) you have good title.

 

Your problem is in getting Strathclyde Police to be interested, as they often will state at this late stage it is a 'civil matter' - whereas if they are summoned when the recovery attempt is made, they tell the repo men to leave it alone.

 

With the vehicle gone, first is to inform your insurance and seek repayment for loss. Should they not agree, you may have to take the finance coimpany co court for the full value paid for the car, your property, and any additional expenses incurred.

Edited August 13, 2009 by buzby

[dx100uk]

'the' car has been stolen - yes, but not from the OP, but the finance co.

the person that sold the vehicle had no legal right to do so.

 

as stated, the police need to investigate the matter properly, but, at the time of repro, they acted correctly.

 

this has been covered many times on the various fly on the wall police progs.

 

the terms - buyer beware & there is no such thing as a good deal, springs to mind.

 

one of the many pitfalls of buying privately, though there are many sites and telephone numbers that can be used to determine if there is outstanding finance on a vehicle you propose to buy , the AA being one of them.

 

dx

[patdavies]

'the' car has been stolen - yes, but not from the OP, but the finance co.

the person that sold the vehicle had no legal right to do so.

 

as stated, the police need to investigate the matter properly, but, at the time of repro, they acted correctly.

 

this has been covered many times on the various fly on the wall police progs.

 

the terms - buyer beware & there is no such thing as a good deal, springs to mind.

 

one of the many pitfalls of buying privately, though there are many sites and telephone numbers that can be used to determine if there is outstanding finance on a vehicle you propose to buy , the AA being one of them.

 

dx

 

Sorry dx, Scottish law is different here.

 

If the vehicle was bought in good faith, then the buyer has good title.

 

Any repercussions from the finance co, should fall on the seller.

 

Your post is correct as far as Engalnd & Wales is concerned - unless purchased from a motor trader.

[dx100uk]

hey DX

 

what

 

read the bit that says "central scotland investigation"

 

doh!

 

dx

[buzby]

'the' car has been stolen - yes, but not from the OP, but the finance co.

the person that sold the vehicle had no legal right to do so.

 

As I've already pointed out the OP IS the legal owner. The finance house can ONLY pursue the original debtor, unless they can prove that the new owner knew of the provenance.

 

Scottish Law provides purchasers with additional protection.

[IdaInFife]

the policeshould not have allowed the car to be taen and you also make a complaint the officer/s that attended

Strathclyde Police - Complaints Process

 

I would follow buzby's advice in post 8 asap

 

ida x

[Toulose LeDebt]

the policeshould not have allowed the car to be taen and you also make a complaint the officer/s that attended

Strathclyde Police*-*Complaints Process

 

I would follow buzby's advice in post 8 asap

 

ida x

 

This advice to follow Buzbys advice is good advice.

[Toulose LeDebt]

the policeshould not have allowed the car to be taen and you also make a complaint the officer/s that attended

Strathclyde Police*-*Complaints Process

 

ida x

 

Quite right the police have in effect assisted a crime to be commited which is a big faux pas for the obvious reasons. You mention they charged you with a breach of the peace, did they pursue this and issue a caution or bail you or did this get dropped? And did they physically prevent you from attempting to stop this crime being committed?

I'm not sure exactly where you stand but an exparte injunction seeking the immediate return of the vehicle and contents (£150 I believe) would be one option to consider. You will of course subsequently sue them for any loss or damages incurred. Do you know which finance company we're talking about, I can't help but think it's a non standard such as MM, LBL rather than a 'real' finance company that would obviously be aware of the legalities.

 

My advice regarding complaining to the police is to make their professional standards dept your first point of call. Phone them up tell them your car was stolen and the theft was actively assisted by police officers and set the ball rolling with them. They do have the remarkable ability to make things happen far more quickly than they might otherwise by filing a complaint at the local station.

Edited August 13, 2009 by Toulose LeDebt

[allan b]

they have charged me due to be in court in three weeks breach of peace and dangerous driving (trying to stop my car with my van.), the company was bmw finance, also can anyone recomend a good cival lawyer around the glasgow area who could deal with this. ???

[Toulose LeDebt]

I'm shocked to hear that allan. TBH you probably need a good criminal lawyer too. Have you reported the car as stolen yet? I would report the theft, complain to the police and then be looking to base a defence to those charges on the grounds that they occured as a secondary action to the primary crime of vehicle theft being perpetrated against you. Much easier if the theft is logged but they might not make it easy for you to log the theft so take a 3rd party witness or solicitor to the nick.

 

In your OP you state that they turned up with a key didn't speak to you and simply took the vehicle. What on earth were you supposed to think was happening to your car? The theft is a theft per se but by failing to communicate etc. they have almost certainly aggravated the situation which can be used to your advantage.

[allan b]

got a criminal lawyer dealing with that part, my partner went to the police station to report the car when the were holding me in the cells and the told her that they would not accept her report as in there eyes there was no theft, ive been advised that the police have to investigate any crime reported to them so this just ads to the report to be made about the manner which the police acted.

[buzby]

There are plenty solicitors able to represent you, look at Yell or Thompson for their details. Best to get someone local to you so you can see them easily when required.

 

You have excellent mitigation - but since the police were called, I'm interested in wh they let the reposession take place... always assuming they knew you had purchased the vehicle. Are you sure you have legitimate proof - proper receipt, V5C in your name etc etc? Without this your mitigation goes out the window (like, it was your partner's vehicle originally).

 

You shouldn't delay in getting a lawyer NOW - court appointed ones on the day are seldom (if ever) able to put up adequate defences.