fishfanatic
10-Feb-07, 18:50
Just thought I would put this up for you all to read as I can not believe it happened. DVLA loop hole.
I have not mentioned names as I may be taking this matter further with our solicitor. What do you think? Have you been in the same situation?
This is the basic scenario (The full story link is at the bottom, it’s a long story but it is unbelievable.)
1. You go to see a car from a private seller.
2. You do basic HPI checks on the car
3. You agree to the sale and hand over payment (money or goods to the value)
4. V5 Documents are signed in accordance with DVLA rules
5. You and seller both agree to sign a reciept of the deal. With name, address, date, time, details of the car or deal and both parties signatures, just incase the new owner gets done speeding or in trouble with the police before the V5 is in the new owners name.
6. You take the car home that day and over the following week you spend a lot of time and money getting the car back up to standard.
7. You meet the guy a week later to get an extra item for the car. (standard springs). He is still happy with the deal.
8. A week and a few days after the sale, the guy has to get his car back because his mother tells him to.
9. The guy comes back to your partners house (not an address that was ever given to him, he had obviously been asking around about you). He threatens you when you run out to see what is happening in the driveway. He takes the car from you with a spare set of keys he said he never had and just drives away
10. In his slight favour he leaves you the money(less than what you paid) or damaged/used consumable goods back that you paid with.
11. He also goes off with your toolbox, CDs and various car items.
12. You phone the police on him for theft.
13. He is detained in Dornock police station, questioned and let go without charge
14. Police can do nothing as he has not sent the V5 documents to DVLA. The guy also tells police that it was a weeks trial agreement…. Is that not laughable.
15. DVLA can do nothing as he has not sent the V5 document to DVLA
16. Signed confirmation of the deal means nothing to the police.
17. Police that interviewed you knew the guys you were complaining about. Calls you later to tell you that the guys that threatened you are very nice guys really… the cheek - he then confirms that it’s a civil matter - although you were threatened by thugs and your stuff was stolen along with the car you had in your possession for over a week.
18. No compensation is offered by the guy for all the work you have done improving his car and increasing its value.
Crazy or what? This happened to my partner James and I the other night. It will probably cost a fortune to take this guy to court to get some compensation.
This is a giant loop hole in the DVLA process in favour of the original owner of the car. The car is not legally yours in the eyes of the police and DVLA even with the green slip from the V5--so the original owner can do what they want with the car after the sale until they send the V5 away.
The original owner can just say he/she had lost the V5 (the one with the signatures on)buy a new copy of the V5 and go get his car back. Where is the proof you paid money for the car? A receipt is not worth the paper its written on in the eyes of the police.
The funny thing is the guy thinks he has done nothing wrong to us and has been sending horrible text messages after i asked him to stay away from my home and caithness in general. I don't want them coming back and threatening us again.
Full story
http://www.fileden.com/files/2007/2/10/757133/DVLA%20loophole.doc
I have not mentioned names as I may be taking this matter further with our solicitor. What do you think? Have you been in the same situation?
This is the basic scenario (The full story link is at the bottom, it’s a long story but it is unbelievable.)
1. You go to see a car from a private seller.
2. You do basic HPI checks on the car
3. You agree to the sale and hand over payment (money or goods to the value)
4. V5 Documents are signed in accordance with DVLA rules
5. You and seller both agree to sign a reciept of the deal. With name, address, date, time, details of the car or deal and both parties signatures, just incase the new owner gets done speeding or in trouble with the police before the V5 is in the new owners name.
6. You take the car home that day and over the following week you spend a lot of time and money getting the car back up to standard.
7. You meet the guy a week later to get an extra item for the car. (standard springs). He is still happy with the deal.
8. A week and a few days after the sale, the guy has to get his car back because his mother tells him to.
9. The guy comes back to your partners house (not an address that was ever given to him, he had obviously been asking around about you). He threatens you when you run out to see what is happening in the driveway. He takes the car from you with a spare set of keys he said he never had and just drives away
10. In his slight favour he leaves you the money(less than what you paid) or damaged/used consumable goods back that you paid with.
11. He also goes off with your toolbox, CDs and various car items.
12. You phone the police on him for theft.
13. He is detained in Dornock police station, questioned and let go without charge
14. Police can do nothing as he has not sent the V5 documents to DVLA. The guy also tells police that it was a weeks trial agreement…. Is that not laughable.
15. DVLA can do nothing as he has not sent the V5 document to DVLA
16. Signed confirmation of the deal means nothing to the police.
17. Police that interviewed you knew the guys you were complaining about. Calls you later to tell you that the guys that threatened you are very nice guys really… the cheek - he then confirms that it’s a civil matter - although you were threatened by thugs and your stuff was stolen along with the car you had in your possession for over a week.
18. No compensation is offered by the guy for all the work you have done improving his car and increasing its value.
Crazy or what? This happened to my partner James and I the other night. It will probably cost a fortune to take this guy to court to get some compensation.
This is a giant loop hole in the DVLA process in favour of the original owner of the car. The car is not legally yours in the eyes of the police and DVLA even with the green slip from the V5--so the original owner can do what they want with the car after the sale until they send the V5 away.
The original owner can just say he/she had lost the V5 (the one with the signatures on)buy a new copy of the V5 and go get his car back. Where is the proof you paid money for the car? A receipt is not worth the paper its written on in the eyes of the police.
The funny thing is the guy thinks he has done nothing wrong to us and has been sending horrible text messages after i asked him to stay away from my home and caithness in general. I don't want them coming back and threatening us again.
Full story
http://www.fileden.com/files/2007/2/10/757133/DVLA%20loophole.doc