Info needed Legal eagles !!!

Shifter_Hull

Shifter_Hull

Shifter_Hull

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Hull
Hi guys & Girls
right a bought a monitor from a guy well did deal
swapped my 19 " monitor and some money for his Dell 24 " monitor
so far so good I knew he was skint so I grabbed a bargain at the time

now found out This monitor was from a shop
he had no rights to selling still on hire purchase or some agreement one of those shops that charge you 100 % A.P.R in most high streets

There are going to his house monday afternoon as some one has stated he swapped monitors .Think his ex Mrs has said something to the shop

so what rights do i have i never know the monitor was on hire purchase or what ever they have on it
i gave him money and swapped monitors ?

I await any helpful info cheers
 
Doesn't the company selling the goods still technically own them? In which case I'd assume he didn't have the right to sell them to you and so they could probably claim them back.
 
this is why Im asking what rights do i have

i did state now found out This monitor was from a shop
he had no rights to selling still on hire purchase or some agreement one of those shops that charge you 100 % A.P.R in most high streets
 
afaik its him who owes the money. if the bailiffs cant take his monitor back they will take other things. shouldnt have anything to do with you unless it somehow counts as buying stolen goods
 
Well i never know anything about it been on hire purchase or anything till this afternoon
when i got a phone call from him saying about the situation he is (was) a close friend of mine but don't want to fall out over this and I aint losing money as id rather smash it too bits then give it back to any shop or too him
I know he couldn't find the money to repay the money i gave him already gone on his Saturday night out drinking binge

I bought it in good faith I know ignorance it not protection against the law
 
Probably counts as handling stolen goods, so you'll lose the monitor and probably not get either your 19" or cash back (judging by his selling of leased monitor..)

That's the legal POV, afaik. In reality the bailiff's may let you off and just claim from the guy.
 
if its stolen, which it is you can never pass title, it is the shops.

but....why would you tell them? they have no right to enter your premesis and it is your word against hers, in reality they are likely to just put a ccj against his name, they get this all the time, why do you think they charge 100% APRs.

they cannot prove, you do not have to.
 
The general rule is nemo dat quod non habet: you cannot give what you don't have essentially.

However, there are statutory exceptions including protection for when you buy cars but I don't think any of them apply. But there are times when you can pass title to stolen goods - this just isn't one of them.

As for coming after you - they may do. If they have a serial number for the monitor or some way of tracing it into your hands then they can easily claim it back. Obviously you've then got a claim against the guy who sold it but I don't expect his pockets will be very deep...
 
I guess it does not matter any more, as the monitor recently failed and you took it too the council skip ;)

If they want it that bad, they can go a look for it.
 
you have had the big monitor for years (lets say second hand oem at a carboot) with no serial stickers and you are clueless as to why people are saying you have a shops monitor.

might work :P
 
Johnny Girth said:
The general rule is nemo dat quod non habet: you cannot give what you don't have essentially.

However, there are statutory exceptions including protection for when you buy cars but I don't think any of them apply. But there are times when you can pass title to stolen goods - this just isn't one of them.

As for coming after you - they may do. If they have a serial number for the monitor or some way of tracing it into your hands then they can easily claim it back. Obviously you've then got a claim against the guy who sold it but I don't expect his pockets will be very deep...
Click to expand...

I don't think it apply to cars, seen plenty of story where people got taken for a ride when the car they bought didn't belong to the seller.
 
tbh i really doubt they will pursue you, they will pass his details onto a debt collection agency so your pretty safe, for all they would make back chasing you getting the monitor and selling on its not financially viable for them to do this
 
Raymond Lin said:
I don't think it apply to cars, seen plenty of story where people got taken for a ride when the car they bought didn't belong to the seller.
Click to expand...

Indeed.
That is why there are companies that will run an HPI check on a car before you purchase.
Confirms the financial status on the car before purchase - if you don't get the check done and it is still on HP then as far as I know you end up with the HP bill.
 
im sure i read something about a similar situtation once and as it stood legally he would have to pay for the monitor to the shop and you shouldnt be affected at all and it would be illegal for the shop or bailifs to contact you

goto citizens advice




p.s. was it on hp?
 
Raymond Lin said:
I don't think it apply to cars, seen plenty of story where people got taken for a ride when the car they bought didn't belong to the seller.
Click to expand...

It depends on the facts of the case. The Hire Purchase Act (as amended) does give protection for people who genuinely buy cars from thieves under a hire purchase agreement. So generally you will be protected but not always. It's been a while since I studied personal property so I can't remember all the details.

However, I'm pretty sure the company CAN still come after you. They can trace the property directly into your hands.

Furthermore, you will be committing criminal offences by hanging onto an item that you know has been obtained in this fashion.
 
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