mt2man
Posted a lot
Posts: 1,366
|
|
Nov 28, 2014 16:27:52 GMT
|
|
Hey all, I'm having an absoloute nightmare.
I purchased a Discovery in Feb 2013 from a work "friend" who later became my lodger. He didnt give me the log book when he bought the car round for me but because he was a friend and lived with me i beleived him when he kept saying he was going to bring it round. I gave up asking for a while and forgot i didnt have it, i wanted to sell it about 8 months later so kept pestering him for the log book (went on for about 6 months) he never gave it to me so i eventually applied for a new log book. The new log book arrived within 2 weeks of appyling for it so thought all was good!
Then i realised he was never a registered keeper, but assumed the woman he got it from just gave him the whole log book which he was going to give to me to sign.
It arrived about 2 weeks ago but yesterday i had a phone call from the police informing me that my friend acquired the vehicle through deceitfull means. I was ensured i have done nothing wrong so I'm fine and everything, but why would the woman agree to make me the registered owner and assign the v5 to me?!
I mentioned to the police man that ive been trying to sell it for ages but couldnt because i didnt have the log book and he essentially told me I'm not allowed to sell it. So i have emailed him and he is saying the woman wants it back as it has sentimental value.
The car is an absoloute state, it has no rear end, when i got it it had no wheels etc. I just want it gone ASAP as I'm fed up of looking at it and need the parking space. Surely they cant make me store it on my land if i technically don't own it? I need the space on the drive back asap to make room for a new car.
Half tempted to just sign the log book back over to her and push it onto the road and tell her to come pick it up and have nothing to do with it anymore haha, but not sure on the legalities of this?
Or could i start charging her an extrorionate amount to store it on my land untill its shifted as i will need to pay for storing my other car somewhere else till i have my parking space back.
If i did leave a car with no tax mot or insurance on the road (it looks like a proper shed so will get reported pretty soon) would the police arrange for it to me impounded?
Jack
|
| |
|
|
|
|
quackshot
Posted a lot
...friggin' cars...
Posts: 1,354
|
|
Nov 28, 2014 17:02:01 GMT
|
|
1) Tell the copper, OK, she has 7 days to collect it or you'll dispose of it as you see fit.
2) punch your 'friend' in the face.
3) choose better friends in the future.
|
| |
|
|
mt2man
Posted a lot
Posts: 1,366
|
|
Nov 28, 2014 17:02:40 GMT
|
|
That all sounds like very good advice!
|
| |
|
|
doobie
Part of things
Posts: 271
|
|
Nov 28, 2014 17:39:03 GMT
|
|
You have the previous owners details on the V5 so write to her and send a copy to the police give her 7 days to remove it or you will charge ...say.... £50 a day storage charge from then on...
|
| |
|
|
mt2man
Posted a lot
Posts: 1,366
|
|
Nov 28, 2014 18:52:24 GMT
|
|
planning on writing her a letter saying the following;
Dear Madam,
I am writing to you regarding my vehicle registration ########, I purchased this vehicle in February 2013 from ##########. I have been asking ###### to supply me with the log book for this vehicle for the last year and during this time he has maintained the story it had been misplaced at his parents’ house. It eventually got to the point I gave in and paid the £25 to apply for the new V5C.
As you must be aware this requires the DVLA to contact the previous owner in order to confirm that ownership has been passed on. If they had not received a reply from the previous owner (you) it would have taken at least 6 weeks for the new V5C to return to me, because it was returned to me within 2 weeks from applying it is clear you have responded to the DVLA regarding this matter and confirmed they can issue me the V5C in my name.
I have been made aware by Police Constable ################ that you want the vehicle back, if this is the case I require the vehicle to be removed from my property within 7 days of receiving this letter. If the vehicle has not been removed within 7 days of the receipt of this letter the vehicle will be kept on my property with a £50 per day storage charge. If the vehicle has not been collected by the 1st of January 2015 I will be disposing of the vehicle as I see fit to cover the storage costs involved.
I have wanted to get rid of this vehicle for the last 6 months or more but obviously couldn’t have sold it without the V5C, it is far from being in a road worthy condition, it is an eye sore on my property and want it removed ASAP. The rear of the vehicle is missing, it has no rear doors, boot lid, floor or rear roof. I had to purchase a set of wheels to make the vehicle movable as they were not supplied when I purchased the vehicle. There is 1 spare wheel with the vehicle but if you wish to have it transported you will have to arrange for a set of wheels to make the vehicle roll able. The brakes do not work and it has no battery so it cannot be driven. The wheels that were originally on the vehicle were kept by Adam Payne as he had off-road tyres installed onto the alloy wheels so he had a spare set for when he went off-roading, if you wish to attempt to recover these I suggest you contact him.
If you can contact me on ############ ASAP to arrange collection it will have to be a time suitable to me because I have work commitments. I am currently in possession of the V5C in my name so this will have to be transferred to you, so you have to be present for the collection of the vehicle. I will not be willing to sign this vehicle to any other person than the previous registered owner (###############) due to the legalities of this police situation.
This letter will have been sent VIA recorded delivery so I can keep track of the exact date you have received this letter. I shall be emailing Police Constable ############## a copy of this email and will be updating him with a date of which you have received this letter.
Yours Sincerely,
#####################
|
| |
|
|
|
|
|
|
|
|
Hi, Personally, I wouldn't bother with the fourth paragraph, It's unnecessary detail in a letter of this type. If that is the state you got the vehicle in, then that is what you need to return. Anything else needs to be taken up with the intermediary to answer for. Good luck!
Colin
|
| |
|
|
|
|
|
|
|
|
And I think your DVLA bit is wrong. I'm sure the letter says that you should get in touch if you object to the issue of a V5 and if you have no objection, you don't need to do anything.
That helps your case, if anything, because rather than contact them, I think she did nothing.
|
| |
|
|
MonzaPhil
Posted a lot
Think like a man of action, act like a man of thought
Posts: 2,456
|
|
|
|
|
Don't fill the letter with any unnecessary guff , just the important details, but when you deal with the DVLA, find out who is working in your case and try to only deal with them. It gives great continuity to any communication if it's going to drag on.
Good luck.
Sent from my shredded wheat using proboards
|
| |
This is now a clicky linky!  |
|
|
|
|
Nov 29, 2014 11:03:16 GMT
|
|
Lets be realistic - a stripped Disco is worthless other than the scrap / weighing in value as you can buy them complete but rotten for just a few hundred. However that is still the lawful owners money.
Charging an extrorionate rate for storage might also be a "sticky wicket" as you aren't a registered storage facilities with published rates so should reflect the actual cost to you and seeing you have had it in your drive for all that time the only thing that has changed is legal owner now claiming it back so there is no additional expense to yourself. The fact you are having to pay to store your next project is another matter - it's the actual cost of storing the disputed vehicle that is the only aspect that should be considered
Also as far as the legal owner knows it might be complete / good condition / on the road when she last saw it and assumes it'd still be in the same state. If she gets a total heap back but expects the pre "stolen" condition then, as I would, she will start moaning that somebody (you ?) has deprived her of a good vehicle. Who knows where that might end but if she had put in an insurance claim for the original "theft" or reported to Police as stolen then it might get messy.
Hope you can rectify promptly.
Me - I'd get proper legal advice - say Citizens Advice.
|
| |
|
|
quackshot
Posted a lot
...friggin' cars...
Posts: 1,354
|
|
Nov 29, 2014 15:25:28 GMT
|
Acquired the vehicle through deceitful means could have a variety of meanings. Maybe he offered to paint a wall or repair a shed, got the disco as payment and curse word off. Trust me, from experience, if a car was reported as stolen to the police they'd be at your door asking where it is. For the record I bought a golf, had the original v5 signed over, all service history, clear hpi check, original coded keys. 6 weeks later car was reported stolen... Police interviews and so on. Insurance company came to recover it. Find out from the copper if the vehicle has been reported stolen, if so is there a crime report/reference. Has your "friend" been arrested for theft yet? If the old woman is just having a moan and the police are getting involved then they shouldn't and its a civil matter. All sounds a bit suss to me. Also, as above, £50 is a bit steep... But... That's what you'd pay if your car was impounded. Go onto 192.com/whitepages and look her up, call her and find out the real story... Or maybe not, police may not like that. Maybe look on google earth at her registered address and see if the car is there... Or if she lives in a huge mansion? No guilt trip at £50 a day then!  |
| |
|
|
|
|
mt2man
Posted a lot
Posts: 1,366
|
|
Nov 29, 2014 17:02:05 GMT
|
|
The car has been reported stolen, there is a crime refrence number for it.
Ive been told the police are going to make my "friend" return it to her as she cannot afford to get it transported so charging for storing is out the window haha. Ive told the police i would like it gone by next weekend though, wheter or not that will happen is another matter if my "friend" is in charge or moving it.
I know her address but apparently she is an elderly woman so id rather not put her under any more stress by phoning her, the police still havent been to see me or the vehicle though. They have been trying to contact my "friend" during the week but he is avoiding the police so they are paying him a visit monday!
Hopefully it all gets sorted, i just want it gone now.
|
| |
|
|
|
|
|
Nov 29, 2014 17:22:09 GMT
|
|
If reported stolen how are you going to explain the fact you turned it from a restorable vehicle into something only fit for scrapping ie removal of rear bodywork etc ? Accepted the other person stole it and you then took over what you thought was legal ownership but be prepared to get grilled and ensure you have any evidence, bank statements, receipts etc, that shows money exchanged hands for the vehicle from your friend. You might be the innocent party in this matter but the legal owner has had their property stripped down and thus worthless so somebody will have to be accountable. If you friend admits everything and makes restitution to the legal owner then I can see that being the end of the matter however if they say it was complete, albeit standard Disco rust rear floor (mine was like that at 6 years old so is common & repairable), when passed into your hands then they might come back to you for the "damage".
Not trying to be a killjoy when you think this is getting sorted and hence my previous suggestion you get proper advice now rather than at a later date.
|
| |
|
|
quackshot
Posted a lot
...friggin' cars...
Posts: 1,354
|
|
Nov 29, 2014 17:46:51 GMT
|
Valid point.... your "friend" may further curse word on you. What a curse word situation...  |
| |
|
|
|
|
|
Nov 29, 2014 18:49:41 GMT
|
|
What you must do is look at it from the legal owners point of view.
You have a basically sound and complete vehicle stolen so report it to the Police.
Police trace current location and you expect it to be returned to you idc.
What you get back is the remains after somebody has removed large part of the bodywork.
Do you say "oh well that is life" or do you want somebodies danglie bits ? If it's not the person who stole it in the first place then it'll be the "receiver" who chopped it up even though they might have bought in good faith.
In this case it's an old Disco but the same could apply to anything that one person cherishes such as Nova, Escort, Astra, Polo that to other people is worthless. Imagine if your project car was regarded as scrap and taken out of your drive by tatters - well that feeling of wanting retribution might apply to the old lady who owns the Disco.
|
| |
|
|
|
|
|
Nov 29, 2014 21:21:40 GMT
|
|
if it has gone through an insurance claim wouldnt the vehicle need to be collected by the insurance company rather than the claimee?
|
| |
|
|
quackshot
Posted a lot
...friggin' cars...
Posts: 1,354
|
|
|
|
if it has gone through an insurance claim wouldnt the vehicle need to be collected by the insurance company rather than the claimee? yes it would... however, if it wasnt roadworthy at point of purchase then the likelihood is that it was not insured. |
| |
Last Edit: Nov 30, 2014 1:20:32 GMT by quackshot
|
|
|
|
|
Nov 30, 2014 23:15:05 GMT
|
|
Something isn't adding up here, when you apply for a log book the DVLA send a letter to the registered owner asking if they object to the issue of a new V5, they have 14 days to contact the DVLA so giving time for postage that's three weeks.
If it has been obtain unlawfully then she needs to instruct a solicitor and inform the police to take action to get the car back, if you leave the car on the roadside you are liable for it so I would suggest writing to the previous owner simply stating that if she wants it back collect within 7 days of you will dispose of it there is no need to go into details on how you got the car etc and you can only charge storage to cover reasonable costs for upto 14 days, £50 a day is not reasonable.
|
| |
|
|
|
|
|
|
|
|
Just check what the local impound yard charges or ring the local police and charge the same, £50 a day doesn't sound far away from what they charge.
You have more patience than me waiting 6 months and applying for log book just so you can you frag it, i would have cut it up and taken it in as metal rather than a vehicle!
|
| |
|
|
|
|
|
|
|
|
If the car had been reported stolen then you would not have received the V5, details would have been passed to the local cops by DVLA to check the vehicle in the first instance.
You are the innocent purchaser of a stolen vehicle and provided it was not bargain of the century (too good to be true) then you have no issues legally. (Wont go into Handling stolen goods)
Your right the vehicle should be removed at the earliest opportunity, I am pretty sure that most forces have a stolen vehicle recovery policy. If the Lawful owner lives outside of your force area a marker would be on the police national computer and the vehicle ought to have been recovered by the police.
Now there is no way on this earth the Police are going to allow the offender to return the vehicle to the victim. Not happening.
So yo have a vehicle that you cant have,)unless the victim says you can. So in simple terms you must tell the Police that as it is in essence evidence they are responsible for it. S.19 PACE covers this. So they cany say they have no authority.
Think thats it but you must get onto the PC, failing that his Sgt.
|
| |
Toyota HiAce Super Custom Ltd (My thing)
Isuzu Trooper (her thing)
Audi a4 1999 (boys thing)
Toyota Yaris
Caravan - (festi thing)
|
|
|
|
|
|
|
|
Oh and just remembered , no need to mess abouth with your log book as the victim is still the owner of the car. Log book only shows keeper not owner.
|
| |
Toyota HiAce Super Custom Ltd (My thing)
Isuzu Trooper (her thing)
Audi a4 1999 (boys thing)
Toyota Yaris
Caravan - (festi thing)
|
|
|
|
