Purchased stolen car unknowingly |
Purchased stolen car unknowingly |
Sat, 18 Jul 2020 - 11:32
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#1
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
Hi all,
Wondering if anybody has some advice. Basically I bought a car back in March and did a check on 'instantcarcheck.co.uk' and everything came back clear. Fast forward to yesterday and I decided to put it on Autotrader to sell and I was unable to post the car for sale as it stated to phone the security team. It was 8 pm so I thought that was strange so I did another check and it stated the car was stolen. I went to 'isitnicked.com' and it stated it was stolen on 11/06/2000(yes 2000 NOT 2020) So I called the police this morning and they stated it was stolen back in March. They stated they will come and take the car and not to drive it etc. Is it possible the police didn't update there records when I first did the check? Is it possible I have a case against them? Just so you know the car was bought with both keys, all service history etc so nothing to think it was dodgy. Thanks |
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Sat, 18 Jul 2020 - 11:32
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Sat, 18 Jul 2020 - 11:44
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#2
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Member Group: Members Posts: 3,316 Joined: 17 Jun 2011 Member No.: 47,602 |
You got incorrect info from two websites, neither of which appears to have anything to do with the police. How can you possibly have a case against the police?
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Sat, 18 Jul 2020 - 11:48
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#3
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
You got incorrect info from two websites, neither of which appears to have anything to do with the police. How can you possibly have a case against the police? The police stated it was a mistake on the phone. Surely they should update there sytem's at the correct time and dates the car was stolen. If they had, presumably it would have said nicked before I purchased it. Apologies if that doesn't sound logical. |
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Sat, 18 Jul 2020 - 11:59
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#4
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Member Group: Members Posts: 13,581 Joined: 28 Mar 2010 Member No.: 36,528 |
You have no contract with the police, only with the company you used. No doubt they have T&C which disclaim liability if you suffer through relying on them, but just possibly they have some form of insurance. Contact them.
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Sat, 18 Jul 2020 - 12:24
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#5
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Member Group: Members Posts: 480 Joined: 2 Aug 2005 Member No.: 3,508 |
I wouldn’t give the car to the police, it will probably belong to an insurance co now and all they want to do is sell it. You are in a better position to negotiate if you have possession. I would suggest you tell the police that you want to keep it and ask which insurance company you need to speak to.
Did you buy privately or from a trader? Was it stupidly cheap when you bought it? -------------------- Speeding tickets, like lottery tickets, are a voluntary tax. You don't have to get them.
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Sat, 18 Jul 2020 - 13:12
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#6
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
I've now got the police forcing me to make an appointment to visit me at home. They have refused point blank for me to go to the station.
I bought the car privately. Basically they said you have a stolen car on your drive and were coming to see you. |
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Sat, 18 Jul 2020 - 13:33
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#7
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
I can't see the point of those car check sites if they disclaim accuracy for the results. What are you paying for?
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Sat, 18 Jul 2020 - 14:06
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#8
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Webmaster Group: Root Admin Posts: 8,205 Joined: 30 Mar 2003 From: Wokingham, UK Member No.: 2 |
I wouldn’t give the car to the police, it will probably belong to an insurance co I can see refusing to return stolen property working out very badly Indeed. I can't see the point of those car check sites if they disclaim accuracy for the results. What are you paying for? They offer a service providing information gathered from a variety of sources, not some kind of insurance policy. -------------------- Regards,
Fredd __________________________________________________________________________
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Sat, 18 Jul 2020 - 15:11
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#9
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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Sat, 18 Jul 2020 - 15:20
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#10
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
........... Just so you know the car was bought with both keys, all service history etc so nothing to think it was dodgy. Thanks V5c correctly registered to the address where you viewed the car before buying?? No it wasn't. It was from somebody I knew albeit for a short time. This post has been edited by skidder: Sat, 18 Jul 2020 - 15:22 |
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Sat, 18 Jul 2020 - 17:04
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#11
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Was the V5c in their name? Have you not registered it in your name!
If the car is stolen your best line IMO is to engage with the police fully, that way they are less likely to look on you as a guilty party and more as a victim, if you’ve not tried to register the car in your name that’s not going to help obviously. If it was stolen in March and you bought it in March there is a possibility it wasn’t recorded on the date you made the enquiry, these firms can only provide data that’s available! Of course if the date had been misentered as 2000 that may have confused things. This post has been edited by The Rookie: Sat, 18 Jul 2020 - 17:06 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sat, 18 Jul 2020 - 18:19
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#12
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
Was the V5c in their name? Have you not registered it in your name! If the car is stolen your best line IMO is to engage with the police fully, that way they are less likely to look on you as a guilty party and more as a victim, if you’ve not tried to register the car in your name that’s not going to help obviously. If it was stolen in March and you bought it in March there is a possibility it wasn’t recorded on the date you made the enquiry, these firms can only provide data that’s available! Of course if the date had been misentered as 2000 that may have confused things. What a load of codswolop, now I'm more likely to be looked as guilty because I've asked to be interviewed at a police station? You have got to be joking right? |
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Sat, 18 Jul 2020 - 19:03
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#13
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Member Group: Members Posts: 33,634 Joined: 2 Apr 2008 From: Not in the UK Member No.: 18,483 |
“Interviewed” as in “under caution”? If so, you’re already a suspect.
-------------------- Moderator
Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed. |
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Sat, 18 Jul 2020 - 19:07
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#14
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
“Interviewed” as in “under caution”? If so, you’re already a suspect. Apologies it was 'to come and speak to me' as i'm the victim, not interviewed. And no i am not under 'caution'. i'm sure if I was, I would be at the police station accompanied by a brief. This post has been edited by skidder: Sat, 18 Jul 2020 - 19:09 |
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Sat, 18 Jul 2020 - 19:18
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#15
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
Was it an expensive car?
What did you get in way of receipt for the money and how did you pay? |
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Sat, 18 Jul 2020 - 21:44
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#16
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Member Group: Members Posts: 38,007 Joined: 3 Dec 2010 Member No.: 42,618 |
You can't stop the police taking the car (well you could try but it's only going to end one way), but you can tell the police you dispute that the car is stolen and are claiming ownership over it. While of course you are unlikely to outright win such a claim, this prevents the police from simply releasing the car to whoever claims to own it. Here's one force policy but they will all be similar: https://www.gwent.police.uk/fileadmin/Docum...s_Procedure.pdf
1.3 Vehicles 1.3.1 Vehicle Recovery Process a) If 2 or more persons are claiming ownership of a vehicle, the officer will generally seize the vehicle as a suspected stolen vehicle. b) The vehicle will be recovered under the Vehicle Recovery Procedure and will be put on retention with the garage that has recovered the vehicle. c) A letter will be sent to each claimant giving them an opportunity to resolve the matter themselves without Police/Court involvement. d) If a person disclaims the vehicle it is taken off retention and released to the other claimant who will have to pay the appropriate recovery and any storage charges to the garage to get the vehicle released The police cannot resolve what would effectively amount to a civil dispute and they will simply retain the car until either an amicable resolution is reached, or a court decides who is entitled to the car. The fact that the insurance company cannot recover the car without your consent gives you as strong a bargaining position as if you had kept the car. -------------------- If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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Sun, 19 Jul 2020 - 05:08
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#17
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Member Group: Members Posts: 56,260 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Was the V5c in their name? Have you not registered it in your name! If the car is stolen your best line IMO is to engage with the police fully, that way they are less likely to look on you as a guilty party and more as a victim, if you’ve not tried to register the car in your name that’s not going to help obviously. If it was stolen in March and you bought it in March there is a possibility it wasn’t recorded on the date you made the enquiry, these firms can only provide data that’s available! Of course if the date had been misentered as 2000 that may have confused things. What a load of codswolop, now I'm more likely to be looked as guilty because I've asked to be interviewed at a police station? You have got to be joking right? Two plus two does not equal 5 in the same way that’s not what I said about being interviewed at the station which I made no comment on at all. Nor is what I said a load of cosdswallop. So have you had the updated V5c in the 4 months since you bought it or not? This post has been edited by The Rookie: Sun, 19 Jul 2020 - 09:48 -------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Sun, 19 Jul 2020 - 09:18
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#18
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Member Group: Members Posts: 7,244 Joined: 5 Jan 2007 From: England Member No.: 9,919 |
So the facts are..
1.You bought a car from someone you dont really know 2.The V5 wasnt in their name 3.You contacted a couple of online vehicle check sites 4.You have found out from the police its knicked 5.The police want to seize it as stolen property 6.You're in possession of stolen property 7.The police want to speak to you about it What exactly do you think is wrong with that and what would you like to happen? Im mitigation 1. You thought the sale was genuine because they had the V5 and keys. 2. You asked a couple of mickey mouse sites if it was stolen I would say the police are very likely to look at you as being complicit. |
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Sun, 19 Jul 2020 - 09:34
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#19
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Member Group: Members Posts: 477 Joined: 29 Jul 2019 Member No.: 104,999 |
Seriously, if you are buying the car privately, make sure the V5c is in the sellers name. If not, buy it from Trade. Too risky, I am seeing so many posts on Twitter related to Police recovering stolen cars from unknowing owners who bought it from someone they didn't know.
-------------------- Police Speeding Fines - Police 1 - speedfighter23 0
TFL traffic contraventions 0 - speedfighter23 2 Kensington and Chelsea 0 parking contraventions - speedfighter23 1 Brighton and Hove parking 0 - speedfighter23 1 Private PCN - Private Parking Solutions Limited 0 - speedfighter23 1 Tyre Puncture Pothole Claims: 0 Buckinghamshire Council - speedfighter23 1 0 TFL - speedfighter23 1 Result Pending: 1 Islington Council tyre puncture claim |
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Sun, 19 Jul 2020 - 09:53
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#20
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Member Group: Members Posts: 123 Joined: 3 Jan 2008 Member No.: 16,382 |
You can't stop the police taking the car (well you could try but it's only going to end one way), but you can tell the police you dispute that the car is stolen and are claiming ownership over it. While of course you are unlikely to outright win such a claim, this prevents the police from simply releasing the car to whoever claims to own it. Here's one force policy but they will all be similar: https://www.gwent.police.uk/fileadmin/Docum...s_Procedure.pdf 1.3 Vehicles 1.3.1 Vehicle Recovery Process a) If 2 or more persons are claiming ownership of a vehicle, the officer will generally seize the vehicle as a suspected stolen vehicle. b) The vehicle will be recovered under the Vehicle Recovery Procedure and will be put on retention with the garage that has recovered the vehicle. c) A letter will be sent to each claimant giving them an opportunity to resolve the matter themselves without Police/Court involvement. d) If a person disclaims the vehicle it is taken off retention and released to the other claimant who will have to pay the appropriate recovery and any storage charges to the garage to get the vehicle released The police cannot resolve what would effectively amount to a civil dispute and they will simply retain the car until either an amicable resolution is reached, or a court decides who is entitled to the car. The fact that the insurance company cannot recover the car without your consent gives you as strong a bargaining position as if you had kept the car. Thank you for that. I've got an appointment at the police station this morning(not at my house). My checks were through HPI which are a decent enough for due diligence. The guy had sold a few cars previously so it wasn't out of the blue. I have nothing to hide. I found out the car was stolen not the police so I immediately phoned them. Thanks for the constructive advise rather than some posters stating the police will think I am party to receiving a stolen car. I'll update the thread when I have the results. Thanks! |
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