Hi Everyone - New Member seeking urgent advice

[des8]

Re: Hi Everyone - New Member seeking urgent advice

Enjoy the test of your weekend

I've just come home.....is there a cricket match somewhere that I'm not aware of ?

[CleverClogs]

Re: Hi Everyone - New Member seeking urgent advice

I've just come home.....is there a cricket match somewhere that I'm not aware of ?

Or is the mother-in-law coming to stay? :rofl:

[becca88]

Re: Hi Everyone - New Member seeking urgent advice

Honestly, that is what I get for replying on my phone!

Hopefully there are no tests this weekend and hopefully no nasty mother in laws!

Enjoy your weekend everyone

[bluebottle]

Re: Hi Everyone - New Member seeking urgent advice

In cases such as this, there are two potential offences committed, namely -

1. Theft of A Motor Vehicle, contrary to Section 1, Theft Act 1968; and
2. Fraud by False Misrepresentation, contrary to Section 2, Fraud Act 2006.

Why?

If you have custody of someone else's property and unless expressly told otherwise, you do not have any right in law to allow another person to use that property, without the consent of the lawful owner, nor do you have the right to deal with it as if it were your own property, that is, you assume rights of ownership.

Although repair garages have a right of lien on vehicles brought to them for repair until such time as any bill is paid, subject to the garage complying with the Supply of Goods and Services Act 1982 and other applicable legislation. It does not extend to selling a vehicle without the knowledge and consent of the lawful owner, as appears to have happened in this case.

Where does the offence of fraud come in?

That offence is committed against the person to whom the car was sold, as when the garage sold the vehicle to that person, it is not unreasonable for an intending buyer to assume the seller has a right to sell the vehicle. If it subsequently transpires that the seller did not have a right to sell, the seller has misrepresented to the buyer, whether by words or actions, that they had a right to sell.

It would, of course, be better for the OP and the garage if the garage recalled the vehicle and refunded the person who bought the car with the purchase price in full. If they do not, then the possibility of the person who now has possession of the OP's car facing the humiliation, embarrassment and sheer gut-wrenching trauma of being stopped by the police and having the car seized from them at the roadside.

I concur with Labman that the police are best to deal with this. The OP needs to go to a police station with the V5C to prove they are the lawful owner/keeper and, if on finance, a copy of the finance agreement, also, and file a crime complaint. Beware of civilian support staff at the front desk. They are not trained to the same standard as police officers and have not had any training in law as police officers have. Any problems with civilian support staff and the OP would be best-advised to ask to speak to a police officer.

It would also be advisable for the OP to report this matter to their local Trading Standards Department.

[lachlansievier]

Re: Hi Everyone - New Member seeking urgent advice

Thank thank you ever so much for your reply & you give this info out of the goodness of your heart?

[labman]

Re: Hi Everyone - New Member seeking urgent advice

Thank thank you ever so much for your reply & you give this info out of the goodness of your heart?

Nah - he's an ex-policeman. You'll be getting an invoice for millions! (I am only joking, just in case!) :beagle: