Lawyers

ttt0000

Member
Messages
117
See, I knew this was the right place to ask :)
I spoke to a solicitor this morning who said that the police must have followed due process when it was recovered and will have tried to contact the original owner, without success. This means that legally they had 'right of title' which means they were legally allowed to sell it and the previous owner can not reclaim it from us. The original owner can receive the funds that we paid for the vehicle. If the police did not follow process, that is an issue the original owner will have to take up with the police. Whatever, the police will not come and collect the vehicle, we own the vehicle and we can sell it. I also confirmed that I do not have to let the vehicle leave my place without a sale for the asking price or a Court Order regardless of who turns up and the solicitor agreed that that is my right. Today will be a better day :)
 

MarkMas

Chief pedant
Messages
9,008
Glad you are getting encouraging advice. But I'm wondering about how this person 'came forward' . Did they just happen to see the car and say "That's mine?" or did the auction house contact you on their behalf or what?
 

sionie1

Member
Messages
1,318
Glad you are getting encouraging advice. But I'm wondering about how this person 'came forward' . Did they just happen to see the car and say "That's mine?" or did the auction house contact you on their behalf or what?
On reading this thread, the above was my thought.
 

MarkMas

Chief pedant
Messages
9,008
I can't resist wasting everybody's time (including my own) with a somewhat related story....

Our church is also used as the School Hall for our local Primary, as well as a community space. Consequently, it tends to fill up with 'lost property', as people leave various things lying about. We ask around, but after a while we tend to just dispose of this stuff one way or another. (The half case of wine was something of a 'win'.)

One item lying about for about 5 years has been a fold-up screen (for projecting on) in a really solid wheeled transport case. Nobody seemed to know who it belonged to or recall that it had ever been used by anybody. So in the end, one of the churchwardens sold it on eBay for a bargain £200, and a guy came from London (100 miles) to collect it.

Almost immediately, one of the schoolteachers said that he had been 'looking after' this item for a friend of his, and that he thought it was worth about £2,000! Everyone believes this teacher (which is probably fair), but cannot comprehend why he had left it in the church for about 5 years without using it or labelling it or ever mentioning to anyone that it is his. There was then loads of panic, with some people saying, "we have to give him £2,000" others, "just give him the £200" others "tell him he snoozed, so he loosed", others "we must tell the Bishop that we have sold stolen property", etc, etc.

I got involved after a day or two, and asked if the buyer might be willing to undo the sale and let us take back the item and get his money back. Fortunately he was a really good guy and offered to do that if someone would collect the screen+box from him, which I ended up doing. So all's well that ends well, although I'm out the 3-hour recovery trip, plus the £50 that I felt the buyer ought to be given for his trouble.


Sheesh!
 

dgmx5

Member
Messages
1,142
It appears you are a bona fide purchaser for value without notice of any other claim to the property, in layman's terms an innocent party who bought in good faith and against whom he has no grounds in law for a claim.

This sounds like the 'owner' is trying it on. They may have been a previous owner who abandoned the vehicle and the police lifted it.

In any event, without divulging any more of your information politely refer him to contact the police about his claim. I very much doubt he will do so.

As for changing plates if you can, even with the cheapest NI plates you can find, and securing the car as best you can are both good ideas just in case he appears but again I very much doubt he has any key to the vehicle.
 

rossyl

Member
Messages
3,312
Look at the Terns and Conditions of the auction, or, the Conditions of Sale or the Sales Contract

Somewhere in there this will be covered.
 

ttt0000

Member
Messages
117
Glad you are getting encouraging advice. But I'm wondering about how this person 'came forward' . Did they just happen to see the car and say "That's mine?" or did the auction house contact you on their behalf or what?
I advertised the vehicle for sale and they saw it and contacted me. Its not actually a car, its a trailer but its a rare trailer, there arent many around.