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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a vehicle a passer by called to see if. Yes agreed a

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I had a vehicle a passer by called to see if for sale. Yes agreed a price of 1000 pounds if mot d this work was completed. He asked to take vehicle to place of work to complete last advisory he then gave me a small deposit and then dod a runner from work home and girlfriend so no paper work could be finished log bòok etc . He agreed to bank transfer and then no contact. 2months later he came banging on the door badgering my partner she could not contact me as i was abroad sha wrote a note saying he had bought the vehicle. She did not no the circumstances would you tell the missus that you let someone walk away with a thousand pounds. I then found out the vehicle had been impounded went to police and they said civil matter and he owned the vehicle. My question is this how can the police rule this way i do not dispute his right to 5 percent ownership and by denying me access to vehicle he will only disapear again he has proved his dishonesty by driving illigally. They have sided with him . I have sent a message giving him time to settle this matter but suprisingly no reply. Surely this shows his intention not to pay please advise
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Sorry. I sent that response by accident. I will opt out for another expert. Thanks

Expert:  Ash replied 1 year ago.

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

What would you like to know about this today please?
Alex

Customer: replied 1 year ago.
I will base my responce once i have a reply if i then wish to continue i will
Expert:  Ash replied 1 year ago.

Yes of course. I asked: What would you like to know about this today please?

What is it you want to achieve ?

Customer: replied 1 year ago.
I asked if it is civil what grounds have the police to stop me from access have they not exercise a duty of care to me by beliving someone who breaks the law and do i have grounds to go back to them because he obviously has shown no intention to pay thus making it possible to free the vehicle enabling me to recoup some costs.
Expert:  Ash replied 1 year ago.

How much was the deposit?

Expert:  Ash replied 1 year ago.

Just to confirm the Police have just said this is a civil matter and wont take any action?

Customer: replied 1 year ago.
60 pounds deposit by ruling the vehicle the is his they have acted as judge and jury.if it is civil as you say i previously asked on what basis in law can they do this
Expert:  Ash replied 1 year ago.

Well he would have an interest in the vehicle by paying a deposit. The police are correct though, this is a civil matter.

They can't judge one side or another and its up to a court ( civil) to decide who is right and who is wrong.

If he has the car they will maintain the status quo.

But you would need to seek a court order for the return of the vehicle if he has it, that is what you need to do.

The police won't get it for you as its a civil matter which means you need a civil court order.

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Alex

Customer: replied 1 year ago.
I know he has a small right to the vehicle by paying a deposit i do not dispute this .i have given him ample time to pay. I believe that he has no intention to pay and he has commited an offence by not doing so. He does not have the vehicle it is impounded for what ever reason i was willing to recover the vehicle and then take him to court but am prevented from doing this by the police ruling that he owns all of the vehicle no part of it if it is a civil matter again on what grounds can they do this. A perfectly good car will now be sold for the recovery companyto recoup costs.
Expert:  Ash replied 1 year ago.

Yes and I understand the frustration. But the issue if you only believe he has no intention, that is not Enough for a prosecution.

The police would have to show that, beyond doubt, he had no intention. Sadly you need a civil order for the car to be given back.

Does that clairfy ? Alex

Customer: replied 1 year ago.
Sorry to keep on. I am certainly not frustrated i allready knew about his rights and it does not bother me that it that to recover my costs that it will go to court . As you have read everything again the only question i have now asked you 3 times on what grounds the police have if it is a civil matter as they have intervened in this dispute by ruling in his favour. As for intention to not pay i have texted saying put money in bank and statements to prove he has not. Again you only need to answer the above question that i asked . Thank you post you re reply and then end trans
Expert:  Ash replied 1 year ago.

They have a choice, but where there is evidence of a dispute they will say its a civil matter and to be decided by a Court.

Therefore it is within their discretion.

Does that clarify? Alex

Customer: replied 1 year ago.
Again i do not dispute any of what you have said. All i want to know by you saying the that is the police have a choice on what law or statue grounds can they intervene. As i am not a lawyer and you are i can see this not a clear cut case but i need to now for my own personal satisfaction what section of the law they are using to intervene please put this to bed i am sure you have found this interesting as i have and of course i think we both have to work tomorrow one last reply thnx
Expert:  Ash replied 1 year ago.

Police and Criminal Evidence Act. They can chose whether they want to or not.

There is no law that says they MUST act. The Courts have ruled the Police have no duty to members of the public

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
Finally . We can argue all night but just to have the last word they have a duty of care to investigate on the publics behalf . They are employed after all by us. Please do not reply i must know rate you re replies . Dobranos polish for sleep well
Expert:  Ash replied 1 year ago.

They do NOT have a duty - case law has shown this. I am sorry.

Sleep well too - thank you very much. Alex