Car being sold that I own

[des8]

[Squirmy]

Thanks a lot. It’s now been sent recorded/signed for. Will be there on Wednesday.

Next step would be to figure out the court paperwork so I’m ready to issue. Would I file a money claim on line if I’m looking for my car to be returned? It’s value is £7-10k.

[muttley]

Just asking....

Bearing in mind this all goes back to 2014, at what point could the original garage class the car as abandoned? And what steps should they have taken before being able to properly consider it abandoned?

This is not defending the garage, just asking a relevant question. Thanks.

[des8]

If you want the vehicle returned you will applying for a court injunction ordering its return, not a money claim.

Without trying to contact you they should not consider it abandoned.

[Squirmy]

Thank you again as always!

It was a fair question muttley

I’ve got my call with the police tomorrow. I’m half expecting them to push back and say no crime so any tips to counter that would be welcome. I guess I just need to convince them a crime has occurred.

[islandgirl]

quote the definition of theft and why this situation fits it would be my advice!

[des8]

Read the first six sections of the Theft Act 1968 (if necessary take a copy with you if you can't remember it all, but not for showing to the police) and ask them why the traders actions do not amount to theft.
If they refuse to give you a crime number there is a complaints system you can use

www.legislation.gov.uk/ukpga/1968/60/contents

[Squirmy]

Many thanks, it didn’t go my way unfortunately. I had a lengthy conversation with the police officer. In all fairness he was thorough. He checked with his superior and 4 colleagues.

Their stance was that as soon as arrested and interviewed they would likely use defence of “sold to pay for storage/work done” that it would be unlikely they could get anywhere. They said that it was a civil matter that process hadn’t been followed. The officer further added that theft over time was another factor and given the time past it further hampered them treating it as a crime.

I argued my case and the officer said based on the evidence provided he felt I had a strong case but, all things considered, that they couldn’t treat it as theft.

I could try again with the force who cover the area where the car currently is?

[Squirmy]

Letter was received today.

[Squirmy]

I’ve gone back to the police with the following:

1. No evidence has been provided the current holder purchased the car
2. No evidence the seller had the right to sell it.

Thus it is theft. See how that goes.

I’ve also spoken to CAB who have referred it to Trading Standards as unfair business practice. They said they don’t tend to investigate individual cases any more so might not do anything.

Any other thoughts and suggestions very much appreciated. I’m thinking if I have to go to court I would need to have the owners of the original garage and the current garage attend to help the judge unpick it all. Would that seem sensible?

[des8]

Don't worry about next moves... wait for response to letter

[Squirmy]

The DVLA have written to me today to say that someone has applied to be recorded as the registered keeper. I called them to say I do not consent but they said without a crime number they will proceed to issue a new V5C.

I’m going to get back on to the police and also CAB/trading standard but I’m not hopeful I’ll get anywhere further than before. Any advice what I should do would be gratefully received.

[Squirmy]

Got a crime number and the car is recorded as stolen. The DVLA are deleting the application for replacement V5C and will advise if records don’t update regarding stolen status

[Squirmy]

Performed a HPI check and car is now showing up as stolen. The DVLA said they would refer it to their crime department whatever that means

[Squirmy]

Nothing back from current holder of car so been 14 calendar days since garage received letter, they are actively trying to sell it having reduced the asking price. Called DVLA yesterday and they confirmed application had been deleted but said they couldn’t see it marked as stolen (I ran a HPI check just before I called them and it was still flagged as stolen).

I’ve located one of the partners from the original garage as well.

Any advice on what steps should I take next?

many thanks