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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I purchased audi a7 after part exchange vw toureg 2007 for

Customer Question

I purchased audi a7 after part exchange vw toureg 2007 for £13k and paid the man £16 k bank transfer.
I have part of registration document and one key.

No receipt. He then started asking for £4k on top.

Came to my house aggressive, called the police they gave him a warning then yesterday he came to the surgery where I work and must have had a spare key and took it with my belongings inside.

He did not give me new keepers reg documents.

Police say its a civil matter now ???

He never told me car was on hire purchase and in his wife's name but when he collected the car from audi he took his girlfriend rather than his wife so I believe there is identity fraud here .

Please advise.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How was the £16k agreed? Was it in writing?

JACUSTOMER-445r3dc6- : No verbally
JACUSTOMER-445r3dc6- : Verbally only
Alex Watts :

On what basis did he claim the £4k extra?

JACUSTOMER-445r3dc6- : He is saying the car is worth 33k but I had already stated that based on auto trader prices I agree the part ex of my car which he said he would pay £13k for then I transferred £10 k to his girlfriend who then paid him as I had her bank details and later £6 k to him no receipt :(
Alex Watts :

So he took the car?

JACUSTOMER-445r3dc6- : Yes ! I was doing surgery had parked it yesterday in the car park under security camera with my 2 car seats for the kids and prescription pad and expensive makeup and perfume . Reported it to police. Police said civil matter . He has harassed me on my property before. He never registers tha cars in his name only his wife's and tax evades and she commits benefit fraud.
Alex Watts :

I am surprised the Police did not do anything. You should try again because this is Theft under the Theft Act - he ie assuming the rights of the owner, when he has clearly sold it

Alex Watts :

If this does not work you should issue proceedings in the County Court either for the vehicle that it is delivered or for a refund of the £16k.

Alex Watts :

You need to complete form N1 available: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You are asking the Court for an order that he 'delivers up' the vehicle or the £16,000 back.

Alex Watts :

The court will issue the claim and a copy will be sent to him and he will have a limited time to defend it, if not you can enter Judgment and ask the Court for a hearing if you want it delivered up.

Alex Watts :

If the matter is disputed it will be set down for a hearing and a Judge will decide what to do.

Alex Watts :

But it seems to me that he is being dishonest and this is a criminal matter.

Alex Watts :

I would not be fobbed off by the Police and go back and see them and see someone more senior.

Alex Watts :

If he has been dishonest this is an offece.

Alex Watts :

If he sold the vehicle to you and took it, this is an offence.

Alex Watts :

If he sold the vehicle never intending to actually give it to you, this is fraud

Alex Watts :

But do not be fobbed off my the Police, speak to someone more senior

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-445r3dc6- : The police are saying he can do that due to the potential money owed ???
JACUSTOMER-445r3dc6- : And also I don't have the registration document
JACUSTOMER-445r3dc6- : His he able to put all the cars in his wife's name like that
JACUSTOMER-445r3dc6- : ithat I questioned whether she knew he was selling the car also he said the car was fully loaded with top if range stuff but dealership confirmed it was a demonstrator car which he did not tell me about and he did not tell me about hire purchase agreement to 2 days before deal
JACUSTOMER-445r3dc6- : his girlfriend and he has threatened me that his men
JACUSTOMER-445r3dc6- : mightmen might come after me surely this is harrassment
JACUSTOMER-445r3dc6- : harassment, he still has all the stuff inside the car including my prescriptions and he tried to get me to give him growth hormone on prescription which I refused
JACUSTOMER-445r3dc6- : I'm a single parent with a 2 and 3 year old and he has left me without car seats and a car how can he get away with this when I have given him my 4x4 and £16 grand
JACUSTOMER-445r3dc6- : does it matter if his girlfriend denies she has £10k surely police could trace bank transfer from me to her to him ?
Alex Watts : You need to issue proceedings for delivery up and or the money back.
Alex Watts : You should do this without haste. If there is finance on the car you just need to ask for the money back, this is because it was never his to sell.
Alex Watts : You can only sell if there is no finance.
Alex Watts : Does this help?
JACUSTOMER-445r3dc6- : How much is the court fee and should I claim the full amount ? £13 k plus £16 k
JACUSTOMER-445r3dc6- : how much does the application form cost ?
Alex Watts : You should claim the full amount paid. A list of fees can be found here http://www.justice.gov.uk/courts/fees

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