SHOULD I REALLY SEEK LEGAL ADVICE??
#1
SHOULD I REALLY SEEK LEGAL ADVICE??
Hi guys and girls,its been since last september since i last logged onto this forum due to my 1995 scooby wrx being taken away from me by the baliffs!!!!!
Basically i brought a car on HP and it wasnt even my HP,turns out that a guy took a loan out on it (With Log book loans) and then sold it and pocketed the cash
Went to the police and all they said "it was my fault because i didnt HPI it" But it was a hard way to say goodbye to nearly 5 grand(purchase and service and repair) and the car that i absolutely loved!!
I brought the car from a guy in edgbaston who had advertised the car in the auto trader and paid cash for it,full reciept all the log book was present but the owner had not registered the car in his name as he said "the insurance was too expensive for his 20 year old brother who had just passed his test" and didnt want to add another owner to the logbook if he was going to sell it
I wish id of walked away,but the car was great and after looking at some real bad examples of thrashed scoobys(uk and jap imports) this was a clean car with service history and what seemed to be a genuine owner
This was a horrible time watching my car being put onto a lo loader and there was nothing i could do about it as they said the car didnt belong to me it belonged to the"high court" in london????
Nearly 12 months have passed (september)and ive still got this devil on my shoulders telling me to go and pursue this matter legally,and if that dont pay then get some boys to go and lean on the previous owner for my loss
Citizens advice were rubbish as well,didnt want to know as they just said the same as the police,just goes to show that "crime does pay"
Basically i brought a car on HP and it wasnt even my HP,turns out that a guy took a loan out on it (With Log book loans) and then sold it and pocketed the cash
Went to the police and all they said "it was my fault because i didnt HPI it" But it was a hard way to say goodbye to nearly 5 grand(purchase and service and repair) and the car that i absolutely loved!!
I brought the car from a guy in edgbaston who had advertised the car in the auto trader and paid cash for it,full reciept all the log book was present but the owner had not registered the car in his name as he said "the insurance was too expensive for his 20 year old brother who had just passed his test" and didnt want to add another owner to the logbook if he was going to sell it
I wish id of walked away,but the car was great and after looking at some real bad examples of thrashed scoobys(uk and jap imports) this was a clean car with service history and what seemed to be a genuine owner
This was a horrible time watching my car being put onto a lo loader and there was nothing i could do about it as they said the car didnt belong to me it belonged to the"high court" in london????
Nearly 12 months have passed (september)and ive still got this devil on my shoulders telling me to go and pursue this matter legally,and if that dont pay then get some boys to go and lean on the previous owner for my loss
Citizens advice were rubbish as well,didnt want to know as they just said the same as the police,just goes to show that "crime does pay"
#2
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you've got try mate, see a good solicitor one that maybe specializes(spelling ) in these sort of things and see what he/she says about you'll usually get some free advice and its got to be worth 100 quid to find out one way or another, the other option is to be forever wondering
#3
Very good point,im going to phone up a couple of local reputable solicitors tommorow and see how much 1 hour will cost me,braise myself!!!!
has anybodyelse had this kind of king size pain in the **** problem before??
has anybodyelse had this kind of king size pain in the **** problem before??
#5
Scooby Regular
iTrader: (5)
The V5C (log book) only shows the registered keeper not the owner anyway.
If someone had borrowed against the car with 'log book loans', the whole point is supposed to be that they keep the logbook as security ie. when the loan is repaid, you get the logbook back !
An Hpi check will show if a car is an insurance write off, previous owners and any outstanding finance secured against the car BUT not unsecured personal loans etc. I don't know how 'log book loans' categorise their finance and whether it would show up on HPI anyway. If you pm or email me the reg number I can HPI it at work for you to see if anything still shows up.
If you purchased the car in good faith and the person selling the car claimed to be the owner and that nothing was owing, he is guilty of fraud or obtaining money by deception I would guess. If the outstanding loan did not show up on HPI at the time, it would not have made any difference whether you HPi'd it or not.
If someone had borrowed against the car with 'log book loans', the whole point is supposed to be that they keep the logbook as security ie. when the loan is repaid, you get the logbook back !
An Hpi check will show if a car is an insurance write off, previous owners and any outstanding finance secured against the car BUT not unsecured personal loans etc. I don't know how 'log book loans' categorise their finance and whether it would show up on HPI anyway. If you pm or email me the reg number I can HPI it at work for you to see if anything still shows up.
If you purchased the car in good faith and the person selling the car claimed to be the owner and that nothing was owing, he is guilty of fraud or obtaining money by deception I would guess. If the outstanding loan did not show up on HPI at the time, it would not have made any difference whether you HPi'd it or not.
#6
Am I alone in thinking that this sounds like one of those situations you are going to have to chalk down to experience and walk away from? Even if you 'win' any legal action the bloke clearly doesn't have any money so how are you going to get anything back? I can see this taking an eternity to sort out with loads of grief and only a moral victory at the end. Sorry, not trying to wind you up, just saying it how I see it.
#7
The voices,i have p.m'd you my registration of the car
the vin number and the document ref number???
thanx for the input guys
I know he def had the finace with log book loans,the ballif didnt tell who he owed money to just that he had been sent to collect the car.
i then recieve a cheque for 100 pounds from logbook loans for the road tax id just put on it,and that was only because the ballif company were fed up of me phoning them asking who the debt collector was??
the vin number and the document ref number???
thanx for the input guys
I know he def had the finace with log book loans,the ballif didnt tell who he owed money to just that he had been sent to collect the car.
i then recieve a cheque for 100 pounds from logbook loans for the road tax id just put on it,and that was only because the ballif company were fed up of me phoning them asking who the debt collector was??
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#8
Am I alone in thinking that this sounds like one of those situations you are going to have to chalk down to experience and walk away from? Even if you 'win' any legal action the bloke clearly doesn't have any money so how are you going to get anything back? I can see this taking an eternity to sort out with loads of grief and only a moral victory at the end. Sorry, not trying to wind you up, just saying it how I see it.
people should not be allowed to get away with this sort of behaviour and me just lying down and rolling over proves that im weak and ive lost,the law is there to protect us,but im not so sure!!!
#9
I completely see your point in this,but put yourself in my shoes and then im sure you would think differently
people should not be allowed to get away with this sort of behaviour and me just lying down and rolling over proves that im weak and ive lost,the law is there to protect us,but im not so sure!!!
people should not be allowed to get away with this sort of behaviour and me just lying down and rolling over proves that im weak and ive lost,the law is there to protect us,but im not so sure!!!
I hope I'm wrong and it is entirely possible that I am. But brace yourself because I think you're going to get rear-ended by the collossal pile of cr@p that is the British legal system.
Sorry.
#10
Scooby Regular
iTrader: (5)
Might be worth finding out whether 'Log book loans' actually had a legal right to repo the car ? Seems a bit odd as the seller had the logbook ? If it goes legal it doesn't have to cost a fortune, get the free half hour from a solicitor, if he thinks you have a case you can pursue it through the county court using the small claims procedure. It's a while since I had to do this but there used to be a set fee to issue the paperwork ? I see what everyone else is saying but you need to find out who you need to pursue for your loses, the seller or 'log book loans'. Did they produce evidence to prove that they had the legal right to take the car ? Even if the scumbag who sold it to you is claiming to be penniless it's sometimes worth a few more quid to get them a CCJ against their name !
#11
Why can't you get a free half hour with an architect or a plumber or an electrician?
Why is it just the legal profession that has a subsidy system for people who want to go to court?
Why is it just the legal profession that has a subsidy system for people who want to go to court?
#12
I know, mate, I totally agree. Thing is I can just picture this guy's Legal Aid lawyer standing up in court and saying something along the lines of: "Your Honour, my client has been offically classified by the DSS as a Total W@nker and as such it is only possible for him to pay back £5 per week for the next 25 years. The remainder of his 3 grand a month benefit cheque is required to support the ten children he has had with 10 different women. I rest my case."
I hope I'm wrong and it is entirely possible that I am. But brace yourself because I think you're going to get rear-ended by the collossal pile of cr@p that is the British legal system.
Sorry.
I hope I'm wrong and it is entirely possible that I am. But brace yourself because I think you're going to get rear-ended by the collossal pile of cr@p that is the British legal system.
Sorry.
Ive phoned a solicitor and they are going to ring me tommorow to book an appointment,going to be a fixed rate fee so no solicitors meter running
at least i will know if its worth going down the small claims route,i even have the backing of the police officer who dealt with my enquiry thats got to be worth something
Ive only ever been to court when i got done for driving a friends car with no insurance,we live and learn the hard way!!
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