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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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My car was fraudulently taken and the police and d vl a are

Customer Question

my car was fraudulently taken and the police and d vl a are aware who is in possession of it. Fraud was proven in Crown Court. What do we do ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What are you hoping to achieve?
Customer: replied 2 years ago.

i would ideally like to receive compensation in relation to price that car was worth when it was taken. failing this, the return of the car to my home. apart from this, where do i go next

Expert:  Jo C. replied 2 years ago.
Do you know who is in possession of it?
Customer: replied 2 years ago.

the police lawyers tell me they will contact the woman on our behalf so they obviously have her address and all we know at the moment is that it's in Manchester.

Expert:  Jo C. replied 2 years ago.
Why didn't they seize it?
Is it no longer owned by the defendant?
Customer: replied 2 years ago.

they didn't give a reason. it is certainly not owned by the defendant and the d v l a said said that the police told them to release the paperwork to the lady despite a letter held by the d v l a instructing no action to be taken until contacting me, which they didn't. the woman apparently has been told by the police that she is unable to sell the car on. it is a right mess and sorry to burden you with all this muddle, but we don't know what to do.

Expert:  Jo C. replied 2 years ago.
The reason they haven't seized the car is that it is lawfully owned by an innocent third party.
The fraudster no longer had the vehicle and so it could not be seized.
The police will not act any further as it is a civil matter.
You can always sue the defendant for the value of the car.
You can seek an injunction against the current owner but she will almost certainly rely on the innocent purchaser defence which may well be accepted since the police have accepted that she had no knowledge that it was stolen.
The police have no right to tell her not to sell it on. If they are not prepared to seize it and prosecute her then they shouldn't be imposing conditions upon her ownership.
A better option is to sue the defendant.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

thanks Jo, how would we sue and would you think it worth it?

Expert:  Jo C. replied 2 years ago.
Whats the value of the car roughly?
Customer: replied 2 years ago.

was £2;400 at time of fraud. now probably about £500

Expert:  Jo C. replied 2 years ago.
Is the defendant in custody
Customer: replied 2 years ago.

don't know but probably not. he had a small sentence. i could check with police.

Expert:  Jo C. replied 2 years ago.
If he is in prison there is no point in suing.
If not then it is probably worth it. It is a small claims court sum so it will be cheap enough to issue.