Stolen machine

[Dave W]

This is a genuine asking for a friend.
he bought a plant machine 2 years ago from an old boy who'd had it a similar amount of time. My friend knew the vendor to be genuine.
he's come to sell it and a buyer turned up today and tried the serial no in the TER register and it's come back as being stolen 15 years ago and has outstanding finance.
buyer obviously walked away.
What realistic options (legal or otherwise) does my friend have now?

 

[br jones]

This is a genuine asking for a friend.
he bought a plant machine 2 years ago from an old boy who'd had it a similar amount of time. My friend knew the vendor to be genuine.
he's come to sell it and a buyer turned up today and tried the serial no in the TER register and it's come back as being stolen 15 years ago and has outstanding finance.
buyer obviously walked away.
What realistic options (legal or otherwise) does my friend have now?

Check it out himself ,see whats what had a buyer pull out before siting that excuse .there was no finace ,it wasnt stolen

 

[Dave W]

Check it out himself ,see whats what had a buyer pull out before siting that excuse .there was no finace ,it wasnt stolen

This was on trailer and paid for before they found out

 

[spin cycle]

blimey

 

[Classichay]

id be saying TER may have reported it already theyre pretty good at that, wouldnt be shocked if your mate has a visit in the next day or two....

what machine is it?

 

[Lincs Lass]

One on FB couple of weeks ago .
Two Kubota mini diggers were found in a barn ,,nicked 15 years ago and never moved from that day

 

[Goweresque]

The general rule is that you cannot gain good title to stolen goods, even if bought in good faith (perhaps twice in this case). There are a few exceptions, but they are quite obscure and I doubt any apply in this case.


Some useful reading here:

Sale of goods by a non-owner

This article discusses who owns goods that are sold by a seller who doesn't have legal title. Examples would include who can sell stolen goods, and whether a parent can sell the possessions of an adult child.

www.netlawman.co.uk

Sad to say the current possessor of the item is probably going to end up out of pocket, through no fault of his own.

 

[Lincs Lass]

The old boy selling it maybe didnt know and who ever had it before him or even further back didnt know either ,,how many people have owned it in the last 15years

 

[puntabrava]

Check it out himself ,see whats what had a buyer pull out before siting that excuse .there was no finace ,it wasnt stolen

I bought an Mb trac from Startin tractors years ago, had it a few years and got a letter from a finance company saying there was outstanding finance and it needed sorting out, contacted that Bob watisname and he said leave it with me, another few months go by and another letter from finance company asking where the tractor was for uplift, rang Bob watshisname again and put some ffffkkksss down the phone line, he informed me I would not get anywhere speaking to somebody like that! he rang back an hour later and said all sorted and I never heard anymore, so even the big boys cock it up now and again.

 

[steveR]

The general rule is that you cannot gain good title to stolen goods, even if bought in good faith (perhaps twice in this case). There are a few exceptions, but they are quite obscure and I doubt any apply in this case.


Some useful reading here:

Sale of goods by a non-owner

This article discusses who owns goods that are sold by a seller who doesn't have legal title. Examples would include who can sell stolen goods, and whether a parent can sell the possessions of an adult child.

www.netlawman.co.uk

Sad to say the current possessor of the item is probably going to end up out of pocket, through no fault of his own.

Not read the article, but I was under the possibly mistaken impression, that if goods were sold at public auction, you are able to gain title...?

 

[2wheels]

Not read the article, but I was under the possibly mistaken impression, that if goods were sold at public auction, you are able to gain title...?

When we had our farm sale we had to sign a document for the auctioneers stating we owned the stuff for sale.

 

[bobk]

After 7 years it's statute barred .

 

[Dave W]

After 7 years it's statute barred .

Meaning?

 

[Northeastfarmer]

Meaning?

Written off

 

[bobk]

Under the Limitation Act 1980 a creditor has six years to chase most unsecured unpaid debts, or twelve years for some mortgage shortfalls. This 'limitation period' starts from the time of your last payment or acknowledgement of the debt, not the total length of time you've been making payments

 

[Still Farming]

Get your friend to go back to "genuine " previous vender and so forth to unravel and leave at the door of the bad lot?

 

[Johnnyboxer]

Does nobody check equipment and machinery before that pay for it, when buying private or farm sales ?

Only costs £20 for a VIN check and saves a lot grief like this down the line

At least this buyer in post 1 was on the ball and withdrew

 

[som farmer]

interesting reading, friends, who were having a very bad time, borrowed our tanker, and bailiffs tried to remove it, luckily we could produce the paperwork to 'cast sufficient doubt' on the ownership, to stop them from taking it, anyway back it came, minus serial plates, pretty sure our friends didn't remove them.
Sold a tractor p/e, the HP check came back with 'finance' still owing, caused some agro, as i said there wasn't, when we did the deal. There wasn't, and had not been, for 12 months, not at all sure what the gremlin was, but took some sorting out, embarrassing, as we know the purchaser very well.

 

[Dave W]

Does nobody check equipment and machinery before that pay for it, when buying private or farm sales ?

Only costs £20 for a VIN check and saves a lot grief like this down the line

At least this buyer in post 1 was on the ball and withdrew

In a perfect world yes. In the real world no

 

[Fast Farmer]

Strip for parts if you can't sell as a whole machine