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Who owns stolen car


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Long story short......I bought a car advertised in the Auto Trader , paid for it in cash , got stopped on way home, car stolen....usual story car was purchased from a car supermarket the week before using a cloned credit card .

 

This all happened in November last year. Police didnt catch the thieves and Im £12k down.

 

Today I get a letter from the Solicitors acting for the Police saying they have finished with the car and asking myself and the car supermarkets rep to come to court next week where the judge will decide who owns the car. Obviously being £12 down i would very much like the car , has anyone experience of this type of thing ? How will the judge decide who owns it ?

 

Any answers or tips for attending court woulf be great.

 

Thanks

Gary

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Long story short......I bought a car advertised in the Auto Trader , paid for it in cash , got stopped on way home, car stolen....usual story car was purchased from a car supermarket the week before using a cloned credit card .

 

This all happened in November last year. Police didnt catch the thieves and Im £12k down.

 

Today I get a letter from the Solicitors acting for the Police saying they have finished with the car and asking myself and the car supermarkets rep to come to court next week where the judge will decide who owns the car. Obviously being £12 down i would very much like the car , has anyone experience of this type of thing ? How will the judge decide who owns it ?

 

Any answers or tips for attending court woulf be great.

 

Thanks

Gary

 

In this day and age it is very unwise to pay that sort of money out on a car without doing an hpi check... and that's probably the way the judge will see it. Presumebly the police have taken all the info about the seller from you and attempted to trace him/her through Autotrader. With any luck, they may be able to find the seller unless you know him/her because its them who you are going to have to chase for your money so providing you know who that is (i'm assuming you wouldn't just hand over £12k to just anyboby without all the paperwork), then you may have a chance to get some of it back at least.. Ulitmately the car belongs to Car Supermarkets from what you are telling us so no doubt the judge will decide it like that.

 

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Car would belong to car supermarket, but they may have done an insurance claim and being paid out. If this is the case, you sometimes can make an offer to the insurance company, but if the car is only worth £10,000 then to pay an additional £5000 is not worth it. Although not really relevant, what type of car is it and is it worth £12k or more??

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I did do an HPI check and it came back fine , Im guessing because it was so recently stolen it didnt show up , I also checked all the documents and chassis numbers etc to make sure they all matched. The car was a Discovery 3 worth about 15k . The Police failed to catch the theives. If the law states that the car belongs to Car Supermarket why would Judge summons me ?

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Could be that "receiving stolen property" is a criminal offence and they just want to clarify that you were innocent. Don't lose the HPI report as this may be your way out.

If the theft was reported within days to the authorities and you made the purchase a few weeks later, someone was negligent in not notifying HPI causing you to be financially disadvantaged.. You took all reasonable precautions by running a HPI check and can prove it.

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Personally, I would be getting a solicitor to represent me in Court, or at least to give advice on the same, especially re claiming against HPI company.

 

Undoubtedly, the car will be found to belong to the Car Supermarket as the thieves had no right to sell it to you and therefore you had no right to buy it. They have summoned you to give you a fair shout at pleading your case as if they made an order without your pleadings, you may have grounds to appeal. I would suggest therefore that it is really a formaility.

 

Worth a few quid to try and stop you losing out on £12k.

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Hello alistair-welcome to the site-please read forum rules.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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some HPI's have insurance cover in the event their information is wrong. it might be worth looking into this aswell,

 

Spot on! You can hold HPI liable OP

If you bought the car on monday

and it was reported stolen on tuesday then you have a case

˙os op oʇ pǝʞsɐ ssǝlun ǝƃɐssǝɯ ǝʇɐʌıɹd ʎq ǝɯ ʇɔɐʇuoɔ ʇou op ǝsɐǝlԀ ˙pǝɹnɔɔo sǝssol ʎuɐ ɹo ǝɹnlıɐɟ ɟo ʇlnsǝɹ ɐ sɐ ǝlqɐıl plǝɥ ǝq ʇou llɐɥs I ˙llıʍpooƃ ɟo ǝɹnʇsǝƃ ɐ sɐ os ǝuop sı uǝʌıƃ ǝɔıʌpɐ ʎu∀

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