Motorhome stolen

Discussion in 'Motorhome Chat' started by bigkev2000, Sep 17, 2013.

  1. bigkev2000

    bigkev2000 Read Only Funster

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    It's been nearly a year since I had my first motorhome stolen cut a story short I transferred the insurance on to the new one so I could pick it up the new one.sold the old one on eBay got it out of storage in the morning it was sold but it got stolen with no insurance hurt my pocket but blow me its been found a young couple brought it of the Internet what I'm getting onto the police said they are willing to negotiate a price with me as they have spent money on it I feel a bit Obligated as the police said it could go to court and the motorhome would end up in storage and it will cost me a lot of bucks so do I accept a reasonable offer or do I take a chance and see whether it would go to court
     
  2. keithcdb

    keithcdb Read Only Funster

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    Take the cash, it will never feel like yours again after it being stolen :Angry:
     
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  3. jhorsf

    jhorsf Read Only Funster

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    I do not understand if it belongs to you it must be yours not theirs why should you loose out?If the police say they cannot do anything I WOULD STEAL IT BACK
     
  4. bigkev2000

    bigkev2000 Read Only Funster

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    Yes that's what I thought but not the misses
     
  5. bigkev2000

    bigkev2000 Read Only Funster

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    Yea thought of that but it's in there pound
     
  6. Minxy Girl

    Minxy Girl Funster Life Member

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    If you are a member of the Caravan Club give their legal section a ring and they will advise you, if not then there are a few organisations out that who can tell you your legal position. However, saying that, it is yours and the fact that they have spent money on it is irrelevant, it is still your property and they have 'received' stolen goods and therefore need to take action themselves to try to recoup their losses from whoever they bought it from, it is not YOUR fault they bought it.

    If you are able to remove the stuff they have paid for without damaging your van, then you can always let them have it back, but I'm not sure you actually have to in the circumstances. You really DO need to get proper advice on this before you do or agree to anything. The Police are trying to lessen the blow to the young couple but it isn't up to you to make things 'better' for them, no matter how much you feel you should.:Sad:
     
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  7. Wildbill

    Wildbill Funster

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    did post but egnor me a mad moment beer whisky fags: Wacko::Wacko::Wacko::Wacko::Wacko::Wacko:
     
    Last edited: Sep 17, 2013
  8. errpaul

    errpaul Funster

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    It doesn't matter that they have bought it, it remains your property and should be returned to you. Very very harsh and unlucky for the couple who bought it, but it really is tough for them...they lose what they paid as it is their responsibility to ensure its not stolen (unless they bought through a dealer who said they had done the relevant checks).
     
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  9. errpaul

    errpaul Funster

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    I should add that as the legal owner you are responsible for any of the costs of recovery and storage.
     
  10. jhorsf

    jhorsf Read Only Funster

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    Tell the police you would like your stolen property returned if they say they are keeping it as evidence they can hardly charge you for storage can they I would say get a legal mind to help you the police will want as little form filling and work as they can get so watch you do not loose out by talking you into anything without a solicitors advice you may get this free for a quick consult in some areas. Maybe Chris would have some advice
     
  11. jhorsf

    jhorsf Read Only Funster

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  12. bigkev2000

    bigkev2000 Read Only Funster

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    I am a member of the caravan club unable to get there telephone number for there legal team has any one got it thanks
     
  13. ourcampersbeentrashed

    ourcampersbeentrashed Funster

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    As long as it was reported stolen initially, the police must seize the vehicle. At that point they are given the opportunity to remove their belongings. It then gets "restored" to the original owner ie you.

    Note the use of belongings that is the police term usually used, that is the point they should have removed anything they felt belonged to them. Police always at the end ask "have you got everything". this is normal procedure.

    If they police have not already seized the vehicle, then you should insist on this, or insist that officers accompany you to the address and restore it to you in person.

    They dont usually need to keep the vehicle itself as evidence as they can take photos fingerprints etc. *So there is usually no reason for it to be held as evidence until any police court case.
    the people who had as far as they were concerned legitimately bought your stolen motorhome have to pursue the person they bought it from for their money back. They can also pursue them for compensation for all the additions they put on the vehicle.

    If they have actually modernised or added things to your vehicle you can actually claim criminal damage against them (unless things have changed) as they have effectively defaced/altered the original vehicle.

    If you decide to remove their additions and return them, just remember that any hole made will need resealing, any wallpaper etc damaged will need replacing and they have to pay for all of that.

    Remember had the vehicle had insurance at the point of theft the situation would have been different. You would have received a payout and the insurance company could have resold the vehicle back to these people and claimed off them.
     
    Last edited: Sep 17, 2013
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  14. Minxy Girl

    Minxy Girl Funster Life Member

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  15. sdc77

    sdc77 Funster

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    Some good knee jerk advice going on here
    Handling stolen goods really has to have an element of dishonesty for it to be a crime..
    The new owners don't appear to be dishonest.. So it's now just a civil matter over ownership. (it really is)
    (obviously the original thief is still wanted etc)
    Insurance companies normally sort these things out... But with no cover it's going to be down to the victim (s) to sort it
     
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  16. TheBig1

    TheBig1 Funster Life Member

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    the people who bought it in good faith probably had it insured so it is up to them to claim for their loss etc and you get the van returned by the police
     
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  17. sedge

    sedge Funster

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    Motor insurance does not protect you from accidentally buying a stolen vehicle!

    Their monetary loss is not one of the risks covered by motor insurance - it ain't theft of the vehicle, it ain't fire damage to the vehicle, it ain't a third party claim caused by the vehicle or it's driver.

    It's a shame but there you go. The vehicle is yours, end of, subject to the comments made by others above.

    Oh - they can cancel the road tax and get a refund on it.
     
  18. Chris

    Chris Funster Life Member

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    It is definately still your van legally because the person the couple bought it off did not have legal title so couldnt pass legal title on.

    The only interest the couple might have is any extras they added which might enhance the value of your van.

    A lot depends on the value of the van. The more its worth the more its worth fighting for.

    Check all your household and motor insurance policies to see if you have got legal expenses insurance. Often this is included without your knowing and it can reduce your headache if you know someone else will be picking up your legal bill.

    I believe that if the parties can't agree the police will commence an action in the County court and the parties then have to fight for the van.

    Keep an eye on those police storage charges.

    Good luck.
     
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  19. SC 05 OUT

    SC 05 OUT Funster

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    dosnt this thread echo what happend a few weeks back to somebody with a caravan? I sort of recall it in the news?
     
  20. steveclecy

    steveclecy Read Only Funster

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    This post provides the best advice so far. Consider using the Police Property Act.

    I quote:

    Police (Property) Act 1897
    The Police (Property) Act 1897 (“PPA”) serves three purposes. First, it is a cost-effective and practical way in which the police can dispose of property which is no longer required, especially where it may be controversial to return to the person who had possession of the property when seized. Secondly, it gives the public a route by which they can seek the return of property. Lastly, it allows for disposal of unclaimed property, provided the Police (Property) Regulations 1997 are followed.
    Section 1 provides:
    “Where any property has come into the possession of the police in connection with their investigation of a suspected offence a court of summary jurisdiction may, on application, either by an officer of police or by a claimant of the property make an order for the delivery of the property to the person appearing to the magistrate or court to be the owner thereof, or if the owner, cannot be ascertained, make such order with respect to the property as to the magistrate or court may seem meet.”
    After six months from the making of such an order, the rights of any other person to that property are extinguished.

    You need to apply to a Magistrates Court (the "court of summary jurisdiction") for a hearing, which you are entitled to do. But be careful, the law on ownership is not simple. Unquestionably you owned it. It was stolen from you. The people who bought it, if they can prove they acted reasonably and responsibly, also have a claim. The old adage (and that's all it is) that possession is nine points of the law simply means that it is easier to keep something that is already in possession.

    Steve
     
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