Saab-93 - Trader stolen my car?

Honest John Back Room » Legal matters
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Wed 9 Mar 2016 09:16
Saab-93 - Trader stolen my car? - Suzannah

Hi, I bought a car from a neighbour who trades in second hand cars..its the second one i have had off him.The Saab broke down, with transmission problems, three times, and each time he took it back for repair, The last time , i had to get the recovery people to bring it back as it was complelety gone. Gave the neighbour keys, and the car was gone, for ages, the neighbour then did a dissapearing trick, and wasnt answering my calls or texts. I asked for my money back etc..and have trading standards involved as many months have passed, They cauight up with him, and he denies taking the car!!. My fella drove around the area, and yesterday spotted the car parked up on a private driveway, a couple of miles from here. Police are not interested saying its a civil matter. Where do i go from here anyone???

Cant claim on insurance as keys were given to lying neighbour.Police, say I cant take the car from where it is parked!!

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Wed 9 Mar 2016 09:26
Saab-93 - Trader stolen my car? - RobJP

When you bought the car, did you have the V5 changed over to your name ? Did you get a receipt for the purchase ?

If so, then you'd have been notified when the new 'buyer' re-registered the car in their name, and you'd have evidence of buying the car.

How else could you have taxed the car when you bought it ?

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Wed 9 Mar 2016 09:42
Saab-93 - Trader stolen my car? - Suzannah

Hi Rob,

Yes it was registered to dvla in my name, however, as the months passed, and I had asked for a refund, and had sent letters of complaint, which went unanswered,i was advised to return responsibility to the Trader?neighbour.

Dvla say it is not registered to anyone.

I am thinking of approaching the person who has it parked on their drive, but cant for the life of me think how to open a conversation , as to how he, or she, got the car, and where they got it from...do i say it was mine , any ideas???

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Wed 9 Mar 2016 11:13
Saab-93 - Trader stolen my car? - Palcouk

Claim on the insurance, as you gave the keys to the driver to repair and he has failed to return the car

You said the vehicle was registered in your name at the DVLA, but then go on to say its not registered, that doesnt gell

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Wed 9 Mar 2016 14:46
Saab-93 - Trader stolen my car? - Dwight Van Driver

Bearing in mind the defences under the Theft Act 1968 it seems to confirm that this is a civil matter with redress through civil action possible small claims Court?

dvd

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Wed 9 Mar 2016 20:21
Saab-93 - Trader stolen my car? - focussed

Could somebody explain why when the car owner is deprived of the car by having it stolen, the police refer to it as a civil matter?

Theft act 1968

"A person is guilty of theft if he dishonestly appropriates property belonging to another with intention to permanently deprive the other of it"

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Thu 10 Mar 2016 10:05
Saab-93 - Trader stolen my car? - Suzannah

Hi,

I "found" the car , on the front drive of a house a couple of miles from here..., knocked on the door, to ask the owner, a woman, how long dhe had had the car, and where she got it from, she replied she couldnt remember, as she had taken some medication...I said I would return on saturday.

The car looks as though it has been there a long time, tyres flat, etc.

I took photos to prove it was there.

I strongly suspect she is a relative of the dealer(my neighbour). I have reported all this to trading standards.

Any ideas on anything else i can do?

regards

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Thu 10 Mar 2016 10:08
Saab-93 - Trader stolen my car? - Suzannah

Hi yes I did register it in my name, but when the car hadnt been repaired in 5 months, i asked for a refund, and then registered it in the name of the dealer/neighbour

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Thu 10 Mar 2016 11:15
Saab-93 - Trader stolen my car? - RobJP

Hi yes I did register it in my name, but when the car hadnt been repaired in 5 months, i asked for a refund, and then registered it in the name of the dealer/neighbour

So he could quite easily claim that he gave you the refund, as you have transferred the car back into his name.

Sorry, but this is a civil matter. I see no reason for the police to get inolved. It is one person's word against another's.

Oh, and by the simple fact that you DID transfer it back into his name, it looks (to a court, or to the neutral observer) as if he has given you a refund. After all, why would you sign it over unless you'd been paid for it ?

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Thu 10 Mar 2016 11:35
Saab-93 - Trader stolen my car? - Suzannah

Hi, He is saying he never had it back!!!

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Fri 11 Mar 2016 14:37
Saab-93 - Trader stolen my car? - Brit_in_Germany

He sounds like a very dodgy dealer who will do everything to avoid paying up. If you have rejected the car and returned it to the dealer it is no longer your car so the dealer cannot steal it from you. He would have to repay your money but that is where the civil law comes in - you would need to get a court order to force him to pay by the sound of it and even then there are tricks he could play to avoid paying. eg. declaring himself bankrupt, no assets and so on.

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