Ask a Law Question, Get an Answer ASAP!
Hello my name is ***** ***** I will help you with this.
This is theft or fraud so the Police will investigate this.
If you know the persons name and address you can also issue a County Court claim against them.
But your insurance are unlikely to cover you for this - you can ask of course
But in reality unless you actually had the car in your possession the insurance would ask why would you transfer a great deal of money to someone you had never met, for something you had never seen?
But do check.
I am sorry if this is not the answer you are necessarily looking for, nor the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
I did feel it was a long shot, but a had a claim experience some years ago where I asked to speak to the legal helpline with my policy and the insurance advisor said there was nothing we could do so it is not worth putting you through to legal. We discovered 6 mths later that we could have made a claim. We also discovered one year later ,when renewal was due. that our call had been treated as a claim. I don't want to ring the insurance (this is a different insurer) and it be treated as a claim on the policy. Any further advice?
Indeed. I would try the insurance.
See if the policy covers you.
At what point does the one become the owner?
Apart from that you can sue in the small claims Court
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
It becomes yours at the point of contract.
So with a car it could be at point of transferring the money
It could well be
Would the insurer be fair in considering this a claim if we only enquired?
If they refuse it you could still go to the Ombudsman. www.financial-ombudsman.org.uk
You have nothing to lose
Does that help?
yes, I want to know whether after we transferred the money to his account the vehicle was ours or his?
At that point I would say its yours.
Like going to the supermarket. As soon as you hand over the money, the goods are yours.
Its certainly arguable.
Is there anything specifically you would like me to clarify for you today please?
Well, if only calling and asking the insurance our situation, is considered as 'notifying a claim' then we will lose as the premiums will increase and claim free years will also
You have poor service?
I have said what you legally need to do:
1) Report it to the Police
2) Issue a claim in Court
3) Notify your insurers
What else is it you would like to know?