Heard of an interesting circumstance where a trader friend of mine broke his golden rule of never buying a car \"off the street\", ie from an unknown person passing by wanting to sell a car, for cash. The chap had a nice car, and returned with all the requested documents - V5, service book fully stamped by main dealer, history, driving licence, utility bill (some forged) etc and the car was bought for cash following an HPI check. Turns out that it had been stolen and that, apparently, the HPI database for this particular car was seven days out of date. The car had been bought using a forged bankers draft which was subsequently refused payment. The seller was extremely fortunate that the car turned up, and was rather swiftly and ungraciously removed from the dealers premises, as I understand that the insurance company could have refused to pay out in the circumstances as the seller should have ensured they had the money safely in the bank before releasing the vehicle - caveat emptor and all that.
In conversation with a police office my rather rueful friend was told that he didnt think it was a forged draft but a bounced cheque - with the implication that the car was not stolen after all but legitimately purchased but simply not paid for. In which case, having paid for it, it would legitimately belong to my friend after all. Some interesting issues raised here. Would HPI have acted unreasonably in not updating their database seven days after, allegedly, being told of the theft and taking my chum\' money for the privilege. Would the seller be able to claim on his insurance had the car not turned up and is the difference between a forged draft and a bounced cheque relevant.
I for one am not gloating, although my friend could kick himself and will never buy for cash off the street again, as it coudl so easily have been me. But lots of learning points for me and perhaps others here so I would be interested to hear any views.
Thanks, MGs
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AKAIK a forged bankers draft is the same a bounced cheque - payment has not been made and is a fraudulant purchase.
I've heard of a few cases where insurance companies are refusing to pay out in these cases as most have small print excluding fraud when selling the car.
Where will you friend buy his cars from?? what is safe?? What if he'd sold the car on and then it was discovered - HJ's buyers/sellers guides about doing the deal for cash in a bank isn't always (if ever) practical....
Difficult.
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If its a forged Banker's Draft its a Theft Act offence (i.e. Theft or Obtaining Property by Deception) either way it makes no odds as to the criminal responsibility and the Police should investigate.
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P.U.
Eerrrmmmm, cough, cough.
Plod frightfully busy.
Could it not be a bad business transaction - civil matter?
DVD (TIC)
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I agree with theft by deception. If plod doesn't investigate I would make a formal complaint. Are you a minor celebrity - perhaps a rubbishy soap or something? If so that would probably get half the Met on the case.
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