112 replies to this topic

[JimminyBob]

This makes my blood boil, the cheek of listing it on eBay with a few bits stripped off and a made up story. I really hope you get your car back.

[Sleepy Stu]

I since got a letter from the DVLA asking if I was the registered keeper. I phoned and explained the situation. They said there was nothing they could do; ownership is not confirmed by a V5 and they do not get into issues of ownership and therefore this new guy was the registered keeper.

This is where you messed up. You should have said that you were the registered keeper and you did not agree to the registered keeper update. Then the guy would not have had a valid V5 and would have been limited with the options he could have done with the car!

[james962]

http://www.ebay.co.u...=item20d0b54152

Well done for finding that and linking it back to this thread Best of luck to Black.Ghost when you contact the "seller". Do you have a family member or good friends who can go round to the car whilst you are away?

[Black.Ghost]

Not really. My gf lives in the area but cannot drive etc and would have no way and nowwhere to store it. This is the other issue - I cant put it anywhere yet until I am back!

I tried to explain the thing to the DVLa but they wouldn't listen. I'm having trouble getting hold of the legal services at the moment as well.

I will keep trying though.

[Black.Ghost]

Oh and Ebay are a nightmare to try and get in touch with!

[Ethel]

There is the disposal of goods act, which obliges the disposer to keep your property for 3 months before they can sell it. I'm not sure if it would apply here, but worth looking in to.

[Black.Ghost]

Unfortuantely, this happened about 8 months ago now. I will see what the lawyers say. I have informed ebay, and I have sent the guy a message just to let him know that I intend disputing ownership, have informed ebay and seeking legal advice and that I would get back to him once I have spoken to a lawyer. I have sent a copy of the message to my email account as well. At this stage, there is nothing more I can do. On the plus side, his starting price is twice what I managed to 'sell' it on ebay for so hopefully it wont shift before I get the advice!

[BronkoMini]

How can they do this to a member of the armed forces that is fighting for queen and country? Wasters and can't you get the army to help you out

[Samwise777]

Believe it or not if the guy with your car sells it he could actually be liable for theft if you have explained the situation. This is because in the theft act it states: "appropriation is any assumption by a person of the rights of an owner" basically treating the car like its his eg. Selling it...
Appropriation also covers where someone sells your property which looks like is the case.

Problems arise when it comes to the intention of theft. This is all about dishonesty. If the guy selling it knows he shouldn't, he's dishonest and may be liable for theft. If he didnt know then he's not, quite simple. Section 6 covers "intention to permanently deprive" which he quite obviously would be doing but all the boxes have to be ticked.

As for this towing company- they may be guilty of theft under "A later assumption of a right". This sub section basically covers where someone takes your property without stealing it (which they didn't) but then later decide to keep it or sell it.
You may have messed up when you told them they could keep it to be crushed as you consent them to the rights of it. However... Section 5(3) states that if someone aquires property to do a particular thing with it (eg. You gave permission for the car to be crushed, not sold on) and the company do not do that particular thing, they have breached a legal obligation to you.
Again the men's rea (intention) is where it gets tricky. The Act states 3 situations where someone is NOT dishonest. The first one is "he had in law, the right to deprive the other from it, on behalf of himself or a third person". This basically means if you owned him money (for towing costs or storage costs) and he felt that he had the right to sell your car to stop himself making a loss, then he wasn't being dishonest as he genuinely believed he was not breaking the law.

Hope all that helps you get your head around some of the law and where you stand!! Bit of an essay though lol. You got in touch with any legal advisors??

[sledgehammer]

no bids - yet

and he says he is relisting it - due to timewaster ?

hope you get it back soon

best of luck

[Ethel]

The other aspect of the disposal of goods is that they have to inform of their intent to flog your property, the 3 months is really intended for where the owner does a bunk (housing tenant) leaving the disposer with no means of contacting them. If you identified yourself to them as the owner & they didn't ask you may still have a case. Unfortunately, they could still charge you storage fees, but there'd also be an argument over what's reasonable.

[Wise Old Elf]

listing ended with no bids; does that mean you got it back?

[Black.Ghost]

Haven't got it back just yet. There was no way it was going to sell with a start of 450 and not having met the reserve - if any of you remember, I had it on ebay at the time it was taken and it only got to about £230.

Unfortunately, I have not been able to talk to any lawyers yet. I think they are on Easter leave or something in Germany which is really annoying!

[tractor]

Just read this from start to finish, I really feel for you black.ghost, I know how it would be doing my nut and I'd be running around everywhere but being stationed abroad must multiply the frustration 10 fold

I think if you were 'watching' the original listing ebay will send you an email to say if it gets relisted

Also there must be a way of getting this guys address?....

........What do you mean set up a false account and 'win' the auction.......

Sorry that would probably be illegal and wrong :) your probably better off just asking to arrange a viewing...

Edited by tractor, 29 March 2013 - 10:20 PM.

[tractor]

And one thing I can't get my head around is how can you just change the registered keeper of a car? I could just phone the DVLA and say the guy who owns the Porsche in my road has said I can have it but he keeping hold of the v5, at the very least I would of thought they need to write a letter to the given address of the current registered keeper in this case you and the address where the tax reminders went to