A Car dealer found himself in a difficult situation when it transpired that the cars he had legitimately bought from a new source were 'ringed', that is part stolen and part damaged. The matter was further complicated when the resold cars were seized by the police as stolen vehicles and the dealer was obliged to replace these vehicles individually whilst the finance company sued the dealer for selling goods on finance which did not belong to him!
The financial cost of replacement put the dealer out of business whilst the finance company still pursued him for their money back - money he didn't have because it had been paid to the car ringers as he had by now replaced the customers' vehicles.
The finance company were suing because they said that our client had sold items to which he had no legal title. We were able at the criminal trial of the ringers to successfully apply for the return of the goods from the hands of the police since we argued that as 'mixed goods' the title of the goods had been created in the hands of the first innocent party, namely our client.
Instead of reimbursing the finance company with their claim for fifteen thousand pounds, we were therefore able simply to return the cars as they were legally our client's property! This was a unique application on our part using commercial mixed goods concepts applied in both a commercial and criminal context at the same time.
Our client, now retired was able to fund his litigation with the help of a secret guardian angel........
Click here to find out about the Guardian
Angel
e-mail us at
lawyers@fletcherslaw.com
