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Old 31-01-2021, 06:45 PM
smswatford smswatford is offline
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Default Stolen Z3m.... opinions please

Hi all.... just rejoined again today to canvas opinion on my stolen z3m.

The car has been on the forum and was photographed in a poor state in my work car park. It was Sorn at the time.

One day in 2013 a low loader turned up at 6.00am and picked the car up and drove into the sunset. I arrived at work a few hours later saw it was missing and called the police who duty turned up. They listened to my account of events and then came back to me telling me I was not the registered keeper as stated on the V5. I advised I was and the vehicle was Sorn. They advised I was not as they had just checked. They could not help me any further. I wrote to the DVLA and they advised they had received an application for the V5. They had apparently written to me but this was not received.

I then got tied up with work was relocating and not long after got made redundant and then went to work in China for 5 years.

I have taken legal advice and there is no time limit on theft. The question I suppose is that the person who owns the car now has is not going to be the person who stole the car.

What are your thoughts on trying to get my car back?
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Old 31-01-2021, 06:59 PM
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Dave P Dave P is offline
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Welcome back to the forum, was the car a M Coupe if so are you willing to post up the registration? not sure of the legalities but good luck in trying to find it and get it back.
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Old 31-01-2021, 07:04 PM
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Thinking about it maybe not a good idea to post up the reg on open forum but If you want to pm me it instead?
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Old 31-01-2021, 07:04 PM
smswatford smswatford is offline
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Yes it's a Imola Red Z3m and reg is xxxxxx

Last edited by Dave P; 31-01-2021 at 07:05 PM. Reason: removed reg
  #5  
Old 31-01-2021, 07:07 PM
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Dave P Dave P is offline
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Quote:
Originally Posted by smswatford View Post
Yes it's a Imola Red Z3m and reg is xxxxxx



I removed the reg as the car is currently owned by a forum member who bought it fairly recently, I think you will need to get some good legal advise and see what your options are.
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Old 01-02-2021, 11:55 PM
smswatford smswatford is offline
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Thanks for the advice but what do you all feel about this terrible situation... trying to get a car back from a member who has paid good money... so torn about this hence posting the question
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Old 02-02-2021, 08:25 AM
urquattrogus urquattrogus is offline
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Tricky, for me if I hadn’t been paid out by insurance I would pursue it, if I had been paid out I would be tempted to leave it and the car technically belonged to the insurance company, but it’s not what I think that matters.

I guess it will depend who sold the car to who, if bought through a dealer then it’s on the dealer surely, and it does sound terrible for whoever bought, they must have done an HPI check on good faith to check it wasn’t marked as stolen.
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Old 02-02-2021, 08:59 AM
Fat Tony Fat Tony is offline
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I have no legal expertise, but 8 years after the event that's a tough one, especially after the current owner will have purchased the car in good will

Given that length of time with no action, as tough as it would be to accept I think that personally I'd be viewing it as though I'd missed my opportunity to try to 'reclaim' the car.

If it was insured, then I'd be in touch with the insurer to find out why they didn't pay out if that was the case.
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  #9  
Old 02-02-2021, 10:09 AM
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137699 137699 is offline
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I think in these circumstances you need to look to consult legal advice - possible CAB or similar in the first instance.

Then it's down to what your personal circumstance is.

My understanding is that once a car is stolen, irrespective of how many times it gets sold on afterwards, ownership remains with the party that owned the title legitimately (presumably you or your insurers). Having a V5 marks you as the "keeper" of the vehicle, not the owner, so don't get hung up on the V5 aspect.

If you have been paid out on it then you personally I doubt have any claim to it, though your insurers could have if they wanted to pursue it - though they'd probably just auction it off rather than hand it back to you if they have paid you out.

May be worth getting legal advice then I would hope that the current owner & yourself could discuss matters and reach an amicable compromise that works for everyone - which may be simply to "leave be"...

My main question for you is.... did your insurers pay you out for the car? If so then I doubt legally or ethically you personally really have any claim.
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Last edited by 137699; 02-02-2021 at 10:12 AM.
  #10  
Old 02-02-2021, 10:51 AM
jonnysideways jonnysideways is offline
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Very sorry to hear about your bad fortune.

I assume this is your question here on the justanswer.co.uk site

https://www.justanswer.co.uk/law/c6i...8-receipt.html

If so, as you state "Eventually I pushed to speak to the detective who stated he had met with the new registered keeper and did not feel a crime had been committed"

It would seem there was no actual theft? Otherwise, the police when visiting the legal keeper as registered with DVLA would have arrested them?
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