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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I partner saw a car on Gum Tree yesterday lunchtime.

Customer Question

I partner saw a car for sale on Gum Tree yesterday lunchtime. The seller asked him to pay £1,800 immediately into his bank account and then go and collect it, we did this.
My partner went by train, a 5,1/2 hour journey from North Wales to Stevenage.
In the meantime I rang and changed over the car insurance policy to the new vehicle. The seller did not meet him as arranged and my partner could not contact him.
The case was been reported to the police in Stevenage last night and Action Fraud this morning.
My question is, as the vehicle was insured are we covered for the loss? I know that you are only declared as the registered keeper and not the owner on the V5, which of course we don't have, but surely we are the owner as we paid the seller the full amount, it was only a matter of collection.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Sadly not.

Alex Watts :

This is theft or fraud so the Police will investigate this.

Alex Watts :

If you know the persons name and address you can also issue a County Court claim against them.

Alex Watts :

But your insurance are unlikely to cover you for this - you can ask of course

Alex Watts :

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?

Alex Watts :

But do check.

Alex Watts :

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

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-zredoach- :

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?

Alex Watts :

Indeed. I would try the insurance.

Alex Watts :

See if the policy covers you.

JACUSTOMER-zredoach- :

At what point does the one become the owner?

Alex Watts :

Apart from that you can sue in the small claims Court

Alex Watts :

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.

Alex Watts :

It becomes yours at the point of contract.

Alex Watts :

So with a car it could be at point of transferring the money

Alex Watts :

It could well be

JACUSTOMER-zredoach- :

Would the insurer be fair in considering this a claim if we only enquired?

Alex Watts :

Yes.

Alex Watts :

If they refuse it you could still go to the Ombudsman. www.financial-ombudsman.org.uk

Alex Watts :

You have nothing to lose

Alex Watts :

Does that help?

JACUSTOMER-zredoach- :

yes, I want to know whether after we transferred the money to his account the vehicle was ours or his?

Alex Watts :

At that point I would say its yours.

Alex Watts :

Like going to the supermarket. As soon as you hand over the money, the goods are yours.

Alex Watts :

Does that help?

Alex Watts :

Its certainly arguable.

Alex Watts :

Is there anything specifically you would like me to clarify for you today please?

JACUSTOMER-zredoach- :

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

Alex Watts :

You have poor service?

Alex Watts :

I have said what you legally need to do:

Alex Watts :

1) Report it to the Police

Alex Watts :

2) Issue a claim in Court

Alex Watts :

3) Notify your insurers

Alex Watts :

What else is it you would like to know?