My Car Was Sold Without My Permission

-Chris- · 07-09-2009 1:44pm

I'm going to close this thread temporarily pending legal advice.

BRB.

-Chris- · 07-09-2009 9:38pm

Thread reopened.

Details of the garage in question removed based on legal advice received.

I'll leave the thread open so people can share their opinions and so the OP can keep us updated, but if anyone names the garage or person in question again I'll lock immediately and ban the poster in question.

niceirishfella · 07-09-2009 10:28pm

OP, do you still have a Spare Key for this car in Question?

Abelloid · 08-09-2009 10:18am

galwaytt wrote: »

..doesn't matter. If you "buy" something from someone who doesn't own it.......you haven't bought it at all.......it remains the property of the original person.

On the other hand, I have this for sale, will take best offer

I know, I'm not suggesting the current 'owner' should keep the car, I'm just pointing out he or she is in for a shock, and may even turn up on here looking for advice.

Unless of course the dealer signed it over and whispered 'it's not really mine to sell, but you have the paperwork now so you'll be grand' *wink*

mullingar · 08-09-2009 10:35am

Is the car currently classified as stolen by the Guards?

Do the Guards know the address of the person who the car was mis-sold to?

If they dont know where it is and if it is now classified as stolen, hopefully the ANPR cameras will locate it

Westhub · 08-09-2009 10:44am

Whatever he did and however he sold my car without notyfing myself in any way, paperwork was filled and signed by unallowed person - and that is crime in this case. Gardai agreed with me in this point. Whatever they will do now, i have no other way, just to trust them - hopefully they will take the car off the road and seal it on the Garda parking place. They know all details of current owner and they have meeting today in relation to that case.

On the other side, there will be really shock for the guy who owns my car at the moment, but for Christ love - i cannot be responsible for other peopple. It could be as well, that this person will come to me with an offer and pay 2nd time for the car to keep it(of course if he will have that cash) - later it is to be his thing to chase him - that is what my solicitor is suggesting. What are You thinking about that kind of solution?

ford jedi · 08-09-2009 11:46am

just out of curiousity what car was it?

Eoin · 08-09-2009 11:54am

Westhub - I know you're angry, and rightly so - but do not mention his name again.

Westhub · 08-09-2009 11:58am

it is 2003 Mazda 6, so nice car...

The Muppet · 08-09-2009 12:40pm

This may not be as clear cut as it appears regarding the current ownership. The op gave his car to the garage to sell, it was not stolen. The Garage may well have been within their rights to sell the car.

The person I have most sympathy for in this instance is the guy that purchased the car. The op should go after the Garage/liquidator to get his money , not the other innocent victim.

Jumpy · 08-09-2009 12:42pm

The Muppet wrote: »

This may not be as clear cut as it appears regarding the current ownership. The op gave his car to the garage to sell, it was not stolen. The Garage may well have been within their rights to sell the car.

The person I have most sympathy for in this instance is the guy that purchased the car. The op should go after the Garage/liquidator to get his money , not the other innocent victim.

It doesnt work that way.

The Muppet · 08-09-2009 12:49pm

Jumpy wrote: »

It doesnt work that way.

Does it not? anytime I have purchased a used car from a garage the garage has signed the book not the previous registered owner. I think its not as clear cut as some think, The garda would just seize the car if it were. Even the ops solicitor said there was a "chance of getting the car back" that doesn't sound too convincing.

dlofnep · 08-09-2009 12:56pm

Disgusting behaviour. I feel sorry for you and the guy who bought the car. He is going to be out of money. I hope you find the scumbag responsible for this.

niceirishfella · 08-09-2009 1:22pm

The Muppet wrote: »

Does it not? anytime I have purchased a used car from a garage the garage has signed the book not the previous registered owner. I think its not as clear cut as some think, The garda would just seize the car if it were. Even the ops solicitor said there was a "chance of getting the car back" that doesn't sound too convincing.

It does'nt apply here as the delaer was NOT the owner of the car (it wes not his own stock as such).

OldmanMondeo · 08-09-2009 1:34pm

Hold up, the OP gave his car to a "dealer" to sell for him. The "Dealer" sells the car but the OP doesn't get his money from the sale. Ok there is the fradulent signature from the "Dealer" to sell the car. He may have needed to sign the VLC to get the car sold quickley, many on here would want to see the vlc when buying a car and want it posted ASAP for insurance taxing etc. I think the car may just stay with the "new owner", with the OP having to chase the "Dealer" as an unpaid creditor, to which I am sorry to say I don't hold much hope for.

OP, good luck getting this resolved to your satisfaction ASAP.

Westhub · 08-09-2009 1:44pm

OldmanMondeo, that is not the case. The law says clearly, sign of current owner, also myself must be on log book last page. This was falsed by the garage owner, no notification of sale...that is crime here, what even Gardai confirmed. Illegal sale is nothing else than stealing the car. It is up to buer to be sure what and from whom he is buying - that is my understanding. We just stop predicting and wait what Gardai will say.

Kartale · 08-09-2009 1:44pm

Can the dealer not just say that he did pay OP cash for car and therefore has VLC. Word against word and all that?
Dealer would only need to send off RF105 to transfer to his garage: http://www.environ.ie/en/LocalGovernment/MotorTax/PublicationsDocuments/FileDownLoad,493,en.pdf
Sounds like a nightmare, i dont think OP will ever see his money again, unless some Garda takes pity & puts pressure on dealer.
RF105 still needs owners sig thou. so not sure, Good luck OP

Jumpy · 08-09-2009 1:53pm

The Muppet wrote: »

Does it not? anytime I have purchased a used car from a garage the garage has signed the book not the previous registered owner. I think its not as clear cut as some think, The garda would just seize the car if it were. Even the ops solicitor said there was a "chance of getting the car back" that doesn't sound too convincing.

I just sold my car to a dealer. You fill in a form which you then send to the Dept of the Environment. It lists the car in their name.

Westhub · 08-09-2009 2:12pm

My car was never transfered to garage. Last registered owner of it it is me.

OldmanMondeo · 08-09-2009 2:15pm

Westhub wrote: »

OldmanMondeo, that is not the case. The law says clearly, sign of current owner, also myself must be on log book last page. This was falsed by the garage owner, no notification of sale...that is crime here, what even Gardai confirmed. Illegal sale is nothing else than stealing the car. It is up to buer to be sure what and from whom he is buying - that is my understanding. We just stop predicting and wait what Gardai will say.

From buying and trading cars for myself, not dealer, I have in the past forgot to sign the VLC on change over, so technically all these cars I have not signed over are still mine? Sometimes I have seen the dealer sign the VLC, TBH if a pre-signed VLC was handed to me it would make no difference, unless the previous owner was there on handover with ID it could have been signed by the pope.

My man point is that I can see where the "difficulties" would be in this case, but I do hope that it works in both your favour and the guy who now has the car.

smash · 08-09-2009 2:16pm

To be honest, you've made your point and you've said the cops are on the case. Dragging it out over an internet forum isn't going to speed it up or help any legal battles down the road.