Jump to content


Van turned out to be stolen?


panchis
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4235 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

No insurance? Hmm - the police might be interest in that too you know...

 

I did not say he might not have insurance but even so, show me the law that says you have to have insurance on your vehicle.

 

Oh before you quote the obvious one, don,t assume he was driving it on a public highway.

 

and another thing don,t assume that just because you have insurance the insurance company will pay up, there could be many reasons why his insurance didn,t cough up. They only need one and usualy find it.

Link to post
Share on other sites

Thanks very much for the explanation and your coments guys.

 

Buzby my business is a partnership and I am one of the partners. In the registration certificate under the registered keeper is my business company name. I bought the van using business account.

Link to post
Share on other sites

Shame. Partnerships od two and under are treated in the same way as sole traders, so the action would be competent.

 

Regarding insurance. My suggestion is no more than a LACK OF IT is a possible indication of other omissions worthy of investigations. Especially is is not unknown for sellers like this to reclaim their loss for an insurer, AND pursue the buyer for more money because they managed to identify them. when the insurer could not be bothered. This is 'betterment' and also illegal.

 

Worthy of a punt as it won't cost you anything either way. Or you could follow wheresmyhairgone's advice and just give up.

Link to post
Share on other sites

Dear All... please help!!

 

I bought a van from a dealer and it turned out to have an owner, the first owner (the claimant) has filed a cliam at the courts claiming for the van back.

 

1. The claimant sold the van to Mr X for £xxxx, PAYMENT WAS MADE BY CREDIT CARD.

 

2. The claimant was informed by his bank that the genuine card holder was denying that the transaction took place.

 

3. At this point the matter was reported to the police by the claimant.

 

Summary: Someone bought the van from the claimant with a stolen credit card, the van then was sold to a car dealer and then i bought it.

 

The claimant wants his van... what can i do? Do i have any rights to this van?

 

Thanks for your responses.

 

Buzby this is the original post READ IT and READ THE OTHER POSTS.

 

at no time have i told the OP to GIVE UP

 

The van was bought from the claimant with a credit card, That suggests to me that the claimant is a dealer ( i don,t know many private sellers that except credit cards.

 

The claimant then GAVE the keys to him and WAVED GOODBYE to him as he drove away.

 

It wouldn`t take much for an insurance Co. to find a way out of that claim.

 

That is why i and others think the OP should try and get his money back from the dealer who WRONGLY sold it to him.

 

You on the other hand are advising he fights the claimant. A fight that I think he has a good chance of losing.

Link to post
Share on other sites

Stop being patronising. I'm pretty good at retaining the thread without having to read things twice.

 

You overlooked my interest in insurance, naively assuming I was interested in shifting the onus of ownership. You then add some irrelevance about driving on the highway. The point, which you misesed, was smoking out the possibility of fraud by the claimant.

 

Certainly some companies will not cover you in cases of deception as part of a vehicle sale (one of my policies does, the other indemnifies me providing I'm the innocent party.

 

Next, the dealer shares the responsibility, and should certainly be made party to the action as a significant party to the action, as it will give the judge the opportunity to apportion blame accordingly.

Link to post
Share on other sites

Wheresmyhairgone,buzby and kraken thanks very much for your help!!!!

 

Please allow me to tell you what I think about all this. At the moment it looks like I will have to give the van back to the claimant and then I will have to try to get my money back from the dealer that dose not exist ( apparently police is still in touch with him so there is hope ). So the whole process after the van goes back to the claimant might take months if not longer.

The small business I run doesn’t do well at present, so I can’t afford to pay the many back to the claimant, keep the van and then start the case against the dealer. My questions are:

- can I start the case against the dealer ,hold on to the van until I get my money from the dealer and then pay the claimant, or

- transfer this case from me onto the dealer I bought the van from, or maybe there is a third way of which I don’t now about..

ANY SUGESTIONS?

Link to post
Share on other sites

If a court rules you must return it, that would be an end to the matter. However, if this stage is not reached, you can minimise your inconvenience (possession, etc). If there is an action for recovery, you can make the dealer a third party so that he becomes liable to you if the van has to be returned without having to go back to court.

 

As to the mechanics of other methods - and I certainly don;t think all is lost, it may be worth having a free I/v with a local Solicitor to check on his suggested options as I doubt many of us on here have actual experience of this particular scenario.

Link to post
Share on other sites

This seems to be a very long winded and overcomplicated thread. If I have read this correctly it is as follows:

 

1. Mr original owner sells the van to Mr Thief and accepts payment by credit card, which turns out to be stolen.

2. Mr Thief then sells van to Mr Garage who pays by whatever means.

3. You by the van and paid by cash/bank transfer.

 

There is some suggestion that Mr original owner could claim off his insurance? Well, if he is anything like me he will have cancelled the insurance once he sold the van and in any event the van was not stolen, but obtianed by deception. So, insurance will not be interested as he willingly haded over the keys.

 

Normally I woud agree that Mr original owner had a claim to the proeprty, but as he accepted payment by credit card, that would suggest to me that he is a business and as such has a duty of care when accepting payment by card. Did he confirm with the card company that the card was genuine?

 

As it seems the van is classified as stolen by the police, then you may have to give the van back and obtain your money back from the dealer you bought from. I smell a huge rat here and suspect that the dealer will do a runner. I may be wrong, but I have read a very similar case on here last year.

 

Pesronally, I would want my day in court with this one. I am interested to know mr original owners postion and just how he accepted a stolen credit card as payment. That would seem neglegent and hardly makes this a stolen van rather a case of fraud/deception against him and his claim should be against Mr Thief and not you.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...