CAR SWAP SCAMMER

braf89

In the last 3days I swapped a car with a lad and the next day he rang me and txtd me saying he wants his car back claiming problems with mine. I was away for christmas and he threatened if i didnt come back and swap cars back he will go to the gaurds and report his car stolen he is not going to send off the log book which i signed. What can i do? HE was happy to take the car when we agreed with the deal whos fault is it? Also he claimed he had made a mistake with the insurance and now cant get insured. This surely cant be my lookout can it? All replies would be appriciated as i need to know ASAP.

Thanks.

mad dave

i think you should go to the guards yourself and report this bloke as some sort of scammer

jhegarty

Keep the text for when the guards come.

ottostreet

relax, you had the agreement made and sorted. hold onto the texts and proof he called you. you've done nothing wrong or illegal, so hold firm.

braf89

thanks alot lads i was gettin a bit worried but this has put my mind at rest i tink il go into the station today and jus tell them the story but i dont wana piss tem off on xmas day. but jus 2safegaurd myself i mite.

bazz26

To be honest I would not seek legal advice from an internet forum on this matter. I doubt anyone here is qualified to tell where exactly you stand.

derry

bazz26 wrote: »

To be honest I would not seek legal advice from an internet forum on this matter. I doubt anyone here is qualified to tell where exactly you stand.

I agree thats the bestter solution get a proffesional reply. In most european countries once the owner of a car gives the keys to somebody for whatever reason loan swop whatever the police say no robbery took place civil matter .
Not sure ROI is the same but suspect the guarda are not going to be much different in interpertation of this event


Derry

JimmyCrackCorn!

bazz26 wrote: »

To be honest I would not seek legal advice from an internet forum on this matter. I doubt anyone here is qualified to tell where exactly you stand.

Report it immediately. Get proper legal advice.

seanybiker

bazz26 wrote: »

To be honest I would not seek legal advice from an internet forum on this matter. I doubt anyone here is qualified to tell where exactly you stand.

People with legal knowledge not able to use internet at all?

tuxy

seanybiker wrote: »

People with legal knowledge not able to use internet at all?

The problem is with too many people with no legal knowledge willing to voice their opinion as fact.

bazz26

seanybiker wrote: »

People with legal knowledge not able to use internet at all?

How many solicitors are on a Motors forum on Christmas day?

All that can be offered here with the best of intentions is speculation, heresay or opinion. Given the seriousness of the situation I would not depend on a post on boards.ie as a defence if the car is reported stolen by the still legal car owner and the gardai arrive at the OP's door.

If you or the OP still thinks that is acceptable then by all means go for it, no skin off my nose.

Hal1

That's BS, what was to stop the guy getting a mechanic to do a few checks before the exchange? It was a private sale, buyers risk and all that. I doubt the gaurds will entertain this, your names on the VRF form.

Darragh29

Private sale, his tough sh*t, and also your tough sh*t if the engine falls out of his car when you are driving to mass tomorrow. He sounds like a scumbag, tell him to call who he wants, sold as seen = sold as seen. If someone threatened me with the Gardai in this situation, I'd fall over laughing at them.

Also, if he reports his car as stolen when he actually agreed to exchange the car for another car, he is making a false statement to Gardai and can end up getting charged himself...

Stand your ground OP. If he didn't do his research on his insurance, that is his loss. Don't be bullied...

CharlieCroker

It's a civil matter. If you know a local garda then just mention it to him off the record. If this guy goes to the Gardai and reports it stolen when he actually sold it, then they'll f**k him out of it for wasting their time.

Esel

Did you get a receipt from the guy stating that he had sold/given you possession of the car? I hope so.... Also, I always go to the letter box with the seller and witness them posting the cert. Hope this works out for you. I would take legal advice, and would keep the car in a safe location in the meantime.

unkel

CharlieCroker wrote: »

It's a civil matter.

It is indeed. The (exchange, or swap) deal was done and possession was exchanged. This has nothing to do with the Gardai. Don't worry, OP.

Graham_B18C

Cant see any problems coming of this, keep the messages and that proof enough...or...you could drive by as many speed cameras as fast as you can and get him loads of points for not changing the log book over...!:rolleyes:

S.I.R

braf89 wrote: »

In the last 3days I swapped a car with a lad and the next day he rang me and txtd me saying he wants his car back claiming problems with mine. I was away for christmas and he threatened if i didnt come back and swap cars back he will go to the gaurds and report his car stolen he is not going to send off the log book which i signed. What can i do? HE was happy to take the car when we agreed with the deal whos fault is it? Also he claimed he had made a mistake with the insurance and now cant get insured. This surely cant be my lookout can it? All replies would be appriciated as i need to know ASAP.

Thanks.

hmm, worrying situation:

give the gardi your logs of received texts/calls and they'll sort it out...


bring the muppet to court imho

samhail

Did you like get receipts or anything, or did you take any documentation to say that he was signing the car over to you ?

braf89

Got no receipt but the book is signed and is it not illegal for him to refuse to send the book off especially when i have his messages saying he wont send it off and is threatening to report it stolen?

SV

S.I.R wrote: »

hmm, worrying situation:

give the gardi your logs of received texts/calls and they'll sort it out...


bring the muppet to court imho

Bring him to court for what?


You REALLY need to think about what you're posting before you post it..

Hagar

Get yourself some sort of alarm / locking device in case the other guy has spare keys, and as advised report the incident to the Gardaí and talk to a solicitor.

CreepingDeath

There's also another aspect of this transaction that hasn't been brought up.

What if the other guy committed a crime, traffic offenses or toll bridge charges during those 3 days your car was in his possession.

I'd say go down to the guards and just make a formal record of the transaction of what happened. Even if it's just to check that the car he swapped with you isn't stolen !

Seriously, it'll be a quiet day in the Garda station, you won't be bothering them in the middle of the day. Unless there's women fighting in the shoe sales

jhegarty

CreepingDeath wrote: »

There's also another aspect of this transaction that hasn't been brought up.

What if the other guy committed a crime, traffic offenses or toll bridge charges during those 3 days your car was in his possession.

I'd say go down to the guards and just make a formal record of the transaction of what happened. Even if it's just to check that the car he swapped with you isn't stolen !

Seriously, it'll be a quiet day in the Garda station, you won't be bothering them in the middle of the day. Unless there's women fighting in the shoe sales

Thats why you sign and date the form

hotchip24

<p>I have heard this story many times and its an unfortunate situation for both parties to be in. </p>
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<p>You have choices though. To save your self alot of bother you might consider swapping the cars back. I know you probably have a car now that you really want but is it really worth all the hastle, of fighting, etc. Sometimes its easier just to start over. I know people can get very aggresive in times like this but keep your cool and really think what you want to do. If you want to keep your new car - you are well within your rights as i have laid out below. Sometimes this can cause a negative view of the car and you most likely will end up hating the car and wanting your own one back after a few months or end up selling it for less money just to get rid of the emotional problem. Last thing you want is aggression from unidentified personnes because of this matter. Vandelism /threats/gangs/. Its happens all the time so listen to me when I say ...... Think wisely!!!!</p>
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<p>If he reports the car stolen he will be asked a series of questions, time, date, etc. If the gardai view the car ( now your car ) they will see no forced entry to the car, steering lock intact, door locks correct, and then will request how you managed to get the keys. You will explain it was a barter/ swap which is legal tender. The sellar will then have to make a decison how he will tell the Gardai how you managed to get the keys. Mugging/ forced entry to home/etc.Then he must figure a way to describe how he has your car and the keys etc. The plot at this stage will be recogniseable to the Gardai. They are not stupid and deal with occurances like this all the time. Advise the sellar that you have saught legal advise and if he wishes to pursue this matter that it will be via a legislative route. There is little cause for order and no cause for offence so it most likely won't make it to court hearing and if it does will take a long long time, unless small claims court and even that can take years, depending on how straight forward the case is, and this is highly complicated and would take hours upon hours of investigation, which the other party will need to financially under take since he has the grievence.</p>
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<p>If the car he has bought is of sound condition and not broken and his only reason to decline contract is due to a formality which he should have investigated prior to sale, he will be dismissed with purchase neglagance and advised to research in future and an appology to yourselves. no compensation. </p>
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<p>You have done nothing wrong in the eyes of the law. Gardai might suggest re-swap the car but unless you want your own car back, you are not under any legal obligation to. I hope you have a receipt for the transaction. keep any contact from paper or on your phone. If giving anything to the gardai or insurance give photo copies. retain original for legislative accountability.</p>
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<p>The Gardai look negatively upon anyone who reports any matter distruthfully and this can warrant a fine or a custodial sentence otherwise. Also its fraud to tell your insurance company the car was stolen and he will suffer the consequences under the state of law if he tries to make a claim with out the crime reference number. </p>
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<p>If he phones, tell him CLEARLY AND CALMLY ONCE, that you have reported the situation to which ever gardai station and that which garda is handling the situation. Tell him you have nothing more to say, say nothing else and say goodbye. Dont answer the phone to them again!!!!!</p>
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<p>Buyer beware. There is nothing else to be said. Goodluck with Regard, Sharon.</p>

Regarding the log book for your old car,allow a few weeks to see what happens. After this I would be sending the document off is my advice. A majostrate will respect that in a court of law as will the gardai. It will have the date of sale on it, so it was not be your responsibility as of the sale date. Any fines will go to the new sellar from the time the tax office receieve the document and update their records. With regard to your new car After a period, I would contact the tax office telling them you bought a car and that the log book has not arrived to which is the truth. They will advise you accordingly on how to re apply.You may need an engineers cert for this and chassis/ engine numbers all obtainable from the car. I would not go into any detail regarding the purchase of the vehicle. All legal. All will be fine in the end. This happens every day.

Dublinstiofán

Why in gods name did you let him keep the logbook to your new car? When the deals done and all have signed the logbook its the property of the new owner and should be given to them to send off for a name change on the certificate.

And tell me you didn't give him the logbook to your old car did you without getting yours? Very foolish if you did.

This mupped was obviously keeping it to hold it against you at a later date.

Should tell the gards. Was your car mechanically sound when you gave it to him? I've no sympathy for you if it wasn't.

braf89

car was perfect for the 6months i had it only problem was spark plugs at one stage but i changed the 6 at the one time nd changed oil and filter. but coincedently when i told him it wasnt my fault regarding his insurance the next day he told me theres something wrong with the car. seems abit fishy to me. i dont really no il just see how things pan out. but i read on his bebo he was bragging to a friend 2 "look at my serious new car nd wat dya tink of it?" so i think its all just bulls**t he's at now to be honest.

Graham_B18C

braf89 wrote: »

car was perfect for the 6months i had it only problem was spark plugs at one stage but i changed the 6 at the one time nd changed oil and filter. but coincedently when i told him it wasnt my fault regarding his insurance the next day he told me theres something wrong with the car. seems abit fishy to me. i dont really no il just see how things pan out. but i read on his bebo he was bragging to a friend 2 "look at my serious new car nd wat dya tink of it?" so i think its all just bulls**t he's at now to be honest.

Slightly off topic but what type of car was it and what did you get for it?

Dublinstiofán wrote: »

Why in gods name did you let him keep the logbook to your new car? When the deals done and all have signed the logbook its the property of the new owner and should be given to them to send off for a name change on the certificate.

Huh? Anytime I sold a car, I got them to sign the Logbook change over form and I posted it with them with me, what if you gave someone the Log Book after they bought the car and they never sent it off? Any penalty points or anything like that would go to you rather than the person that actually owns the car. Makes no sense to give the log book to the buyer.

Esel

Dublinstiofán wrote: »

Why in gods name did you let him keep the logbook to your new car? When the deals done and all have signed the logbook its the property of the new owner and should be given to them to send off for a name change on the certificate.

Your opinion is flawed. Never hand over the log book - after completion of details of new owner, and signing by both parties, it is the seller's responsibility to post it to Shannon. See Grahamo999's post for some consequences of not doing this. As a buyer, I always accompany the seller to the post box and witness them posting it.

craichoe

Dublinstiofán wrote: »

Why in gods name did you let him keep the logbook to your new car? When the deals done and all have signed the logbook its the property of the new owner and should be given to them to send off for a name change on the certificate.

And tell me you didn't give him the logbook to your old car did you without getting yours? Very foolish if you did.

This mupped was obviously keeping it to hold it against you at a later date.

Should tell the gards. Was your car mechanically sound when you gave it to him? I've no sympathy for you if it wasn't.

Cue that guy walking down Grafton street

jimmycrackcorm

esel wrote: »

Your opinion is flawed. Never hand over the log book - after completion of details of new owner, and signing by both parties, it is the seller's responsibility to post it to Shannon. See Grahamo999's post for some consequences of not doing this. As a buyer, I always accompany the seller to the post box and witness them posting it.

Last time I sold a car privately, I got the buyer to sign a receipt that he was taking responsibility for the car from the time and date. If I bought a car, I would want the log book also. I remember a court case in recent years about someone who sold a car and then claimed it was stolen instead.