ChatterBank1 min ago
Car Ownership Rights
4 Answers
Hi there I recently swapped a car with a chap on an Internet swap site the swap wasnt done through the site just the communications i swapped the car my car on the condition it was taxed I later found out it was not so I have spent days trying to get the money for the tax and have just been fobbed off when swapping I'd only had the car a few days so I only gave the chap a green slip with my mates name on he gave me the whole of page 2 with the green slip left blank I have since recieved the full logbook for the car and because of the deal not being fairly completed now want my car back I've found out that the chap swapped or sold the car the very next day so I'm assuming he gave the chap who bought it the same green slip I gave him I also know this chaps name and address am I within my rights to go to this car and demand my car back unless the tax is paid for?
Answers
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Firstly, a polite request: Please include some punctuation in your posts. I found that really hard to follow. Many people, when faced with a couple of hundred words without any punctuation, wouldn't even bother trying to read it at all.
You ask about your 'rights' but I think that 'reality' is possibly more important here.
Since what you've received (i.e. a car without tax) isn't what you were promised (i.e. a car with tax) it's likely that a court would rule that since your acquisition wasn't 'as described' you do have the right to demand a return to the status quo before the deal took place. (i.e. you return his car and he returns yours).
However it seems that such an exchange is unlikely to happen, since he doesn't even have your old car any longer. He would have to try to reverse the subsequent swap which (even though he might not legally have been in a position to make such a swap) he would probably find almost impossible to do.
Face reality and forget about trying to get your old car back. Instead, pursue him for the cost of taxing the car that you've received from him.
Write a formal letter to the guy as follows:
Put your name and address at the top right.
Put his name and address (lower down) near the top left
Put the date underneath that.
Then proceed as follows:
"DEMAND FOR PAYMENT
TAKE NOTICE that I have not received a Road Fund Licence disc for vehicle registration number .......... , in accordance with our agreement to exchange motor vehicles made on ..........
I therefore DEMAND payment of the sum of £........(that sum being the cost of taxing the said vehicle for a period of .........).
Further, TAKE NOTICE that if payment of the above sum is not received within 14 days I will instigate COURT ACTION to recover that sum from you,together with the COSTS of such action"
Add your signature and print your name underneath it.
Retain a copy of the letter and send the original by Recorded Delivery to the guy who you exchanged cars with. Go online, using the tracking number on your Post Office receipt, to note the date and time when the letter was delivered.
If you don't get your money, initiate court action here:
https:/
Chris
You ask about your 'rights' but I think that 'reality' is possibly more important here.
Since what you've received (i.e. a car without tax) isn't what you were promised (i.e. a car with tax) it's likely that a court would rule that since your acquisition wasn't 'as described' you do have the right to demand a return to the status quo before the deal took place. (i.e. you return his car and he returns yours).
However it seems that such an exchange is unlikely to happen, since he doesn't even have your old car any longer. He would have to try to reverse the subsequent swap which (even though he might not legally have been in a position to make such a swap) he would probably find almost impossible to do.
Face reality and forget about trying to get your old car back. Instead, pursue him for the cost of taxing the car that you've received from him.
Write a formal letter to the guy as follows:
Put your name and address at the top right.
Put his name and address (lower down) near the top left
Put the date underneath that.
Then proceed as follows:
"DEMAND FOR PAYMENT
TAKE NOTICE that I have not received a Road Fund Licence disc for vehicle registration number .......... , in accordance with our agreement to exchange motor vehicles made on ..........
I therefore DEMAND payment of the sum of £........(that sum being the cost of taxing the said vehicle for a period of .........).
Further, TAKE NOTICE that if payment of the above sum is not received within 14 days I will instigate COURT ACTION to recover that sum from you,together with the COSTS of such action"
Add your signature and print your name underneath it.
Retain a copy of the letter and send the original by Recorded Delivery to the guy who you exchanged cars with. Go online, using the tracking number on your Post Office receipt, to note the date and time when the letter was delivered.
If you don't get your money, initiate court action here:
https:/
Chris
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