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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience:  30 years as a practising solicitor.
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Two months ago we purchased a car , we traded in our car

Customer Question

hi . two months ago we purchased a car , we traded in our car and paid the rest of the money by bank transfer to a garage that specialised in performance cars , they sell vehicles for people ,taking a commission once sold . two months after we bought the car the police have seized the vehicle from us because the previous owner in scotland has not received his money from the garage that sold us the car , he's had part payment but not the outstanding balance . we are now without a car and without our money , we spent 4 hours in the police station giving a statement . what can we do?
Submitted: 2 years ago.
Category: Scots Law
Customer: replied 2 years ago.
Were desperate for an answer please
Expert:  Remus2004 replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.
hi jo. a few things . if the garage is charged with fraud how do we get our money/car back . are we likely to get our money back , do we need to get a solicitor , if the garage claim bankrupcy , will we get our money back , do we press charges against the garage owner or the sales guy , who blatently told us they had taxed the car and they hadnt , we were driving round for two months and the car wasnt taxed .why were we involved in this isnt it a civil matter between the garage and the previous owner . exactly what rights do we have .
Expert:  Remus2004 replied 2 years ago.
Sorry, I've just seen that you are in Scotland.
I will move this to our Scots law section for you.
Customer: replied 2 years ago.
hi im in cheshire the previous owner is in scotland
Expert:  Remus2004 replied 2 years ago.
It still would appear to be subject to Scots law.
Expert:  JGM replied 2 years ago.
Thank you for your question.
Did you ask the police why they are involved in this? This is a civil matter.
Customer: replied 2 years ago.
Really , we did ask the question , but police said law in Scotland was different , the police in Scotland spoke and confirmed by email , to the garage owner and agreed to give him 14 days to pay and on the email states it's a civil matter , but the police inspector who sent the email in Scotland when we questioned him said he did a few checks on the garage owner and decided to seize the vehicle , the email was dated 1/10/15 giving garage owner till 15/10/15 to pay , they seized the vehicle on 9/10/15
Expert:  JGM replied 2 years ago.
Thanks for your reply. Unless the vehicle has been stolen or otherwise fraudulently obtained, this is a civil matter. The police should never have seized the vehicle. You are entitled to demand that the vehicle is returned to you. From what you say there has been a failure by the garage to fully pay the last owner. That is a civil matter and can't affect the sale to you.
Customer: replied 2 years ago.
I was trying to find out more online last night , if the amount he owes the previous owner is over £30,001.00 is it then classed as fraud
Expert:  JGM replied 2 years ago.
The amount doesn't matter. If he has bought the car but not paid the price in full, the original owner's remedy is to sue for the balance of the price. Just because this is a car doesn't mean that the police can seize it.
Do the police seize unpaid for goods on a day to day basis? No, because these things are part of the civil law, not the criminal law. You would be entitled to sue the police for return of your bought and paid for vehicle, unless there is some kind of crime alleged here and from what you say the police haven't told you that.
I wonder if the aggrieved first owner is a policeman!
Customer: replied 2 years ago.
He's not a policeman , but it's been mentioned the Scottish inspector is a friend or acquaintance of the previous owner , the garage obtained the vehicle on a contract basis , ie: they pay the owner a deposit amount , and when the vehicle is sold the remainder minus commission , we have been pestering the garage because we hadn't received the v5 , and now we know why , because it's a contract car , and the previous owner is hanging onto the v5 . Also we only have one key , the garage showed us the supposed second key , and said it doesn't work , n they would get it fixed and pass it on , we now think the previous owner still has the second key
Expert:  JGM replied 2 years ago.
I suspect that's your answer. A friend of the policeman, using his position to usurp the civil law. Put in an immediate complaint about this inpector and I suspect the car will be returned pretty quickly.
The garage would normally have the V5 in a contract situation, not the selling owner.
Customer: replied 2 years ago.
Well for whatever reason the owner still has the v5 and is holding onto it , we're gonna contact the inspector involved when he's back on duty tomorrow afternoon , how do we go about getting the v5 and spare key off the previous owner
Expert:  JGM replied 2 years ago.
You have no prospect of getting the V5 from the previous owner and will have to proceed as if the V5 was lost. Again you have no prospect of getting the key from the former owner. There is no contract between you and the former owner. Your contract is with the garage.
Although it's up to you, for what it's worth, I wouldn't contact the inspector. I would put in a formal complaint that your car has been seized by the police without a warrant and for no reason connected with the criminal law.
I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.
Thank you so much for your advice , it has not only confirmed my feeling all along but given us the confidence to fight for our car back , this is all our savings involved and was our 25th wedding anniversary present to each other , it's such a mess , just spoke to our local police and they have said they were just doing what they were informed about a stolen car needing to be recovered , and the garage are being looked at for other fraudulent activities , that they cannot tell us about
Expert:  JGM replied 2 years ago.
Well it's clear that the car wasn't stolen so you should be asking for it back. Again I think the police inspector in Scotland has some explaining to do. I do hope you get this resolved.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11563
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi again , just one last thing if your still there , if all else fails and were the ones that end up trying to get our money back and it goes to court , what if th garage owner claims bankruptcy , will we ever get our money back
Expert:  JGM replied 2 years ago.
I doubt that will happen but if you did sue the garage owner and he was declared bankrupt you would rank as an ordinary creditor in the bankruptcy. So if he had no assets you would not be able to get your money back, no.
However, this is a question of the transfer of ownership of a vehicle following a contract of sale. Unless he was engaged in criminal activity, and there has been no evidence of that advised to you, the car is legally yours.
Customer: replied 2 years ago.
Thank you again
Expert:  JGM replied 2 years ago.
You're welcome.
Customer: replied 2 years ago.
Sorry to bother you again , we're going ahead with making a formal complaint against the Scottish inspector , should we do that through a solicitor ? If so are there any you can recommend in our area , Stockport , Cheshire
Expert:  JGM replied 2 years ago.
I'm a solicitor in Scotland. If I need help in your area I use Linder Myers.
Customer: replied 2 years ago.
Thank you so much
Expert:  JGM replied 2 years ago.
You're welcome.