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How To get my car back help!

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Hi,

I'm new and dont know if this is right but i really need some help!

 

My car was hit by a council van on the 16th November 2012.

 

It was taken into a garage on the 18th and was written off.

 

The council accepted all responsibility for it.

 

After I have been working with the car company for months now and thinking I would get it back.

 

I rang them up to day for them to tell me that it has been sold without my permission to a private buyer.

 

They told me that after 30 days in the garage the car could be sold (so from the 18th of December it could be sold),

 

however they told me that they needn't have taken it in, it could have stayed with me!

 

Is this stealing as I signed NO paperwork and didn't give mission, and had no say in the matter

- I didn't even hear about it till today!

 

What can I do?

 

Can I get it back?

 

Just please help.

 

I haven't included all info here and if anymore is needed please tell me.

 

Please help, thanks.

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anybody who can help I'd be so grateful!

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Can you now report it as stolen then!

 

You still technically own the car.

 

I say write to the council and get there department to find out what they will do about your loss now.

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thanks for the reply! thats all very well but am i definately still owner is there any legal proof?

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Have you received a payment in full and final settlement of the claim? If so, was the payment from the the Council direct or from their insurers?

If you have received a payment then ownership of the vehicle could pass to whoever made it and they have the right to dispose of the vehicle as they see fit.

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If the car was "written off", then a valuation of the write-off would have been calculated/offered. Did you accept this offer and receive a cheque to that amount?

 

If so, when you accepted the offer the car changed ownership. This would have been to whoever paid you. i.e. the insurance company or teh council directly. It was no longer your car, so if it was sold there was no need to ask your permission or even tell you it had happened. You should have been asked to complete the V5 though and give the main part to the new owner (insurance co,) and send the yellow section to the DVLA to remove yo as the RK

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we accepted no money for it

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In that case can you confirm that it was the garage that sold the vehicle and not the Council/insurers?

 

If it was the garage, you say you were "working with them", was a figure agreed/discussed for you to purchase the salvage?

 

You also mentioned that you were informed that the garage could sell the vehicle after 30 days, do you have anything in writing to confirm this?

 

I believe you need to establish what contractual agreement was in force between yourself and the garage and if they can be held in breech of contract or the contract was unfair.

 

If there was no contract then you need to establish if their action was illegal.

 

Was anyone paying any storage charges that you are aware of?

 

It may be that the vehicle was sold to recover unpaid storage charges.

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BTW where is the V5 and in whose name is it otherwise you may end up with demands from the DVLA because you never notified them of change of ownership.

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