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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a motorhome from a private seller which turned out to be stolen. The police took

Resolved Question:

I bought a motorhome from a private seller which turned out to be stolen. The police took the motorhome for investigation and have now released it to the original owners insurance company. I was hoping that the Insurance company would re-sell it to me for a nominal amount due to the fact that I bought it in good faith and have had adaptions made for my partner who is disabled. The Insurance company are prepared to sell me the motorhome but we can't afford to buy it back for the amount they're asking. I would like to know whether there is anything I can do to get my money back. We had a HPI check but that doesn't cover us. I also paid by Debit Card not Credit Card so that doesn't cover me either.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
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.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.
The police have advised me that the seller has no assets. So I won't be able to get any money back from him and I don't want to take him to court and pay knowing I won't get anything back.
Expert:  Ash replied 2 years ago.
OK. Sadly I can only give you the legal answer. If he does not own assets then you may not want to bring a claim. But you have 6 years to do so under the Limitation Act 1980.
Does that help?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex