stolen car

[Legoland]

My car had been stolen. Last week I found a lady with my car who says she purchased it from somebody at a pub. She says it belongs to her as she has resprayed it and put in a new gear box. I do not know what to do now as I want to my car back. Can I get it back and if so, how? Will I have to pay the lady for the improvements if I get my car back?

Please advise.

[Oneeyedvic]

"Nemo Dat qui non habet" - no one gives who pssesses not.

This means that whoever she purchased it from did not have title to the vehicle and thus could not pass it on.

You will not have to pay for any improvements to the vehicle.

Your best bet is to contact the police. They will help you get it back.

[Oneeyedvic]

sorry - before I get corrected on my latin - it it "Nemo Dat Quod.."

[jon1968]

If you want it back then either contact the police or your insurance company.

[Legoland]

Will I have to pay the police anything for them to retrieve the car? And is there any legal jargon/statute to confirm that I will not have to pay for the improvements?

[jon1968]

I don�t know about now but a few years ago a neighbour was in the a similar situation - had his car stolen and the insurance company paid out and he bought a new car.
The police found the stolen one a few months later (through chance not investigative prowess) and it�d had loads of work done to it including speed stripes, racing seats and a fab stereo!
He had the option of keeping the now �souped up� car and repaying the insurance money or just staying as he was.

He took the car back and didn�t have to pay anything except a % of the insurance money back and promptly flogged it for more than it was worth in the first place!
As I said the situation may have changed now.
Did you have it insured Legoland?

[Legoland]

Thanks for the info and yes it is insured. However, as I do know where the car is, I don't want to involve the insurance company but would rather just get the car back (especiallly as it holds sentimenal value too).

So you are quite certain I would not have to pay for the improvements?

[jon1968]

Not quite with you legoland - haven�t you reported it stolen? It�s probably one of the first things the police will ask.
I don�t know the legal answer but don�t pay anything to anybody, it�s their loss and their fault for buying a car from the ever elusive �man in the pub� without a V5.

[Mrs_Pegasus]

You havent broken the law and it all sounds a little ominous that someone went through all the trouble and money of respraying it!

Call the Police, out of interest, how on earth did you find out where it was?

There is no harm in involving the insurance company, they will at least have someone to chase!

[stevie21]

The thought of contacting the police hasn't already crossed your mind? I'd have been right onto them on my mobile in the woman's face!!

You have reported it stolen?
Please let us all know how you get on.

[jon1968]

Further to earlier answers legoland when you tell the police they�ll no doubt ask the lady now in possession about the �man in the pub� she brought it from - I�d imagine she�d be quite interested in finding him to recoup whatever she allegedly paid for it and can claim any expenditure from them. Or she may just not bother�����

Whatever she�s spent on it has nothing to do with you. You seem worried, what are you worried about?

As Stevie says let us know how you get on.
J

[erimus1]

This concerns the law og legal title and ownership. Won't go into too much detail here but it is not as cut and dry as is made out by all the advertisements that say 'get a HPI check before your purchase'.

In fact when purchasing anything, you must be what is termed as '...the bonifide purchaser for value, without notice..." - this means, in equity that you must buy the vehicle in good faith and make reasonable enquiries as to its title and if there ar eny encombarances.

This is what she has to be, and this is what you have to fight against - the good news is, that you are more likeley to regain posession, and the woman's recourse for the vehicle and eny expendature would be form the gentleman that she purchased it off.

If you can prove legal title, just report it to the police and get it back - that 's what they're there for. the new gearbox is just a bonus!

Regards,
Steve

[joko]

if you buy a cheap second hand car from man in a pub, it would have to be in a pretty disgusting state to bother to respray in such a short time!!
to do that implies you don't have much money to spare so why waste it on a paint job?
i'd have thought that was the least important thing on a car to pay for.

sounds like she knew the car was stolen and wanted to try to hide it.
it was probably nicked by a husband/boyfriend/brother etc etc so threaten to involve the police and tell her you don't believe she bought it off a stranger - she may well have a change of heart - also tell her that, as she has discarded your gearbox, she owes you one anyway so you will just take hers in return - sounds fair to me.

buy her a few tins of spraypaint to make up for the cost of the spray job, lol

be quick with telling the police though, it may get sold on and resprayed quick

[Thefixor]

go straight to the police as although she has paid for the car it will still not be classed as hers

the police will retrieve the car for you and unfortunately she will end up with nothing as she has purchased unknowingly or otherwise stolen goods. you will eventually get your car back when enquireis are completed