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Sorry for the delay. Do you still need help?
It is fairly bad news Im afraid.
In principle, you can rely on the innocent purchaser defence to resist any recovery of the car. As long as it was the market price for a vehicle like this and you had no other reason to suspect foul play you would have that defence.
However, if the police seize it then they might well just return it to the loser of the car. If so, you could sue him.
However, whether the company has gone under or not, there are allegations of criminal conduct so you could sue the individuals behind the company even if it is limited. I suppose if they are in prison that might not be particularly useful.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
The sale and return issue is nothing to be concerned about.
This will come down to whether or not the garage had any right to sell.
The finance company are not liable though I'm afraid. CCA S75 only applies to purchases by credit card. Although not all of it has to be by credit.
I think there is probably more to it than that. Otherwise the police should have told him that it was a civil matter.
I wouldn't worry about the company going under though. The police are interested in this and so you could pursue the individual if you do lose out.
Sadly the advice of the solicitor is right. It isn't fair but life isn't. The only question would be who you could sue. I do think that if this is resolved in the civil courts then probably it would be accepted that you were an innocent purchaser and so should be able to keep the car. The only issue is whether the police will seize and return to the original owner.
It will be fraud. Or possibly handling. Or proceeds of crime. These type of criminality can be covered by lots of offences.
I'm not sure what he means by an interpleader. Not in the criminal courts it won't anyway.