My new car has been taken by JBW

[Triplesfj]

I'm a first time poster, I have had a read of posts with similar situations and wanted some advice on my situation.

I purchased a used car last week, completed all relevant pre purchase checks hpi etc. A few days ago I returned home from work to find the car missing. First thing I thought was it has been stolen so I called the police to report it who advised me first to call "trace" who would have a log if it had been removed by a council or by dvla. I called them a d was told they had no record of it being removed and advised to call the Police. I asked a few neighbours who confirmed they had seen a recovery truck take the car and had mentioned JBW who I managed eventually to find a contact for. When I called them it was out of hours and the person I spoke to was very helpful and advised to email proof of purchase, insurance new keeper supplement which would be looked at by the legal team the next day and would hear back from them and have the car returned to me.

I received a generic confirmation email stating they had received and would get back to me within 10 working days.

I called jbw again the following day for an update which I was told that they would speak directly to the bailiff while I was on the phone who stated the as soon as the legal team authorised release, the car would be returned and advised to call back the following day.

I called again on the third day and was told that no one had looked at the email and I would have to wait for a response which would be upto 10 working days. When I queried what the issue was I was told it was parking fines linked to the vehicle/previous owner which the car was still registered to (as dvla had not yet processed the new v5c) and could not give any further information due to data protection (I asked which council it was etc). I was told that IF it was released I would have to collect it myself but again would not disclose where it was being held/location of impound.

Where do I stand in this situation, I have provided relevant information and am without my car and if they hopefully release it will have to myself arrange to collect it from wherever it is they are holding it.

[ploddertom]

Do I assume you have only spoken to JBW over the phone?

[ploddertom]

Can you provide any or all of the following:

Was the sale private or trade
Did you know the previous owner
How did you pay
Is the vehicle on finance & if so what type
Do you have a copy of the advert listing it for sale
Do you have a proper printed receipt
Can you provide proof of how payment was made
Can you provide proof of purchase of Road Fund Licence prior to driving the vehicle
Can you provide proof of purchase of relevant Insurance Cover prior to driving the vehicle

When the vehicle was removed where was it parked?

[Triplesfj]

Yes I have only spoken to them on the phone. The car was taken from the public road outside of my house where it was parked legally. I live over 30 miles from the previous owner and have no affiliation with them whatsoever ever. I have provided the receipt I was given, it was a trade sale but sold as seen as it had a few minor issues, copy of insurance, no finance outstanding,

[Milo]

I called again on the third day and was told that no one had looked at the email and I would have to wait for a response which would be upto 10 working days. When I queried what the issue was I was told it was parking fines linked to the vehicle/previous owner which the car was still registered to (as dvla had not yet processed the new v5c) and could not give any further information due to data protection (I asked which council it was etc). I was told that IF it was released I would have to collect it myself but again would not disclose where it was being held/location of impound.

Where do I stand in this situation, I have provided relevant information and am without my car and if they hopefully release it will have to myself arrange to collect it from wherever it is they are holding it.

What you need to be doing is to resend an email and make sure that you in the subject box you state that you are making a Part 85 Third Party Claim.

It is usual for this company and all others to ask that you provide documentary evidence along the lines outlined by Ploddertom above. What the company will be trying to ascertain is whether you have purchased the vehicle in good faith and without knowledge of the debt owed.

Suspect claims are where a person claims to have purchased a vehicle after finding a 'for sale' sign on the vehicle when it was parked on the road and where the new 'purchaser' pays in cash and strangely, insures the car in his name until AFTER the vehicle has been removed by an enforcement agent.

Genuine purchasers (such as in your case), will have genuine evidence which should lead to the release of the car fairly quickly.

PS: Yours is a very common situation indeed. Please do post back with an update.

[Triplesfj]

An update...

So they Still have control of my car. They rejected the new keepers v5c and wanted a full upto date one showing I am the owner which I sent as soon as I received it. I sent an email with the above subject regarding p85 third party claim which I have had nothing in reply. When I phoned to get an update I was told it will take 10 working days for the legal team to respond.
They want confirmation of tax which I dont have- i paid for 6 months road tax online but dont have any confirmation.

[ploddertom]

Road Tax - you paid online - how? Should show on whatever card you used. Part 85 claim is an application made at Court., read this https://www.justice.gov.uk/courts/pr...executed-goods

[Triplesfj]

Yes I paid online, I have a bank statement which shows the transaction but it has no reference linking it to the specific car. From what I understand regarding part 85 claim- it should have been made withing 7 days? And the cost is around £255 to lodge with court and then need to show funding up to the value of the vehicle

[Mrs2good]

Hi just wondering if you managed to get your car back as I also had my car taken by jbw in March while staying in London for the weekend
after sending all the documents they have asked for they are still refusing to release the car I still don’t know the location of the vehicle as they are saying they cannot disclose that information they have had the car almost 3 months now and I’m struggling to fight with them any longer as the situation had got me down I have two small kids and it’s been a struggle to get from place to place lately as they are both in school and I cannot afford another car the police say they cannot get involved as this is a civil matter but surely they can’t keep the car as Iv provided them with all they have asked for can they ?
Any advice would be much appreciated.

[paulajayne]

@Blisher this thread is over a year old - read dates before posting.

[MIKE770]

you pay your money and take your chance as we all do, old thread this, not a vehicle recommendation go to car reviews