Aircooled VW South Africa

I had a 1956 oval window some 10 years or more ago. It was my Dads car that he and I built up into a Cal-Look vw (shiver at the thought but it was the rage). It was sent to CT from EL to be sold on our behalf. Unfortunately the seller on our behalf sold the car and ducked with the money and told us the car had been stolen. Now some 15 years later a friend in the aircooled game syas he swears he knows where the car is and who has it. It was a very specific build and we did specific mods that would be a total fluke if they were to be the same. On chatting to him I listed some of the colours, mods and extras we added and it all matches up...

So the question is what are the chances of getting something like this back?

All comment welcome.

I assume you had sent the original papers and Reg papers with the car to be sold? And it's probably been taken off your name, or did you go and lay a charge of theft at the time? Knowing our legal system, I don't think you'll come right. if it was taken off your name, then the case would be between you\dad and the gent who sold it and stole your money. Certainly not the new owner.

Cheers

Alan

acpaterson wrote:I assume you had sent the original papers and Reg papers with the car to be sold? And it's probably been taken off your name, or did you go and lay a charge of theft at the time? Knowing our legal system, I don't think you'll come right. if it was taken off your name, then the case would be between you\dad and the gent who sold it and stole your money. Certainly not the new owner.

Cheers

Alan

I have to agree with Alan on this..

In terms of SA common law, once a thing is stolen it remains stolen and the property of the dispossesed owner in perpetuity, no matter how many times it changes hands. The only exception to this is if it is openly held by someone for 30 years, then it becomes their property (law of prescription).

Unfortunately, in legal terms, your car was not stolen, your money was, as the car was lawfully sold on your behalf by your agent, who then failed to pay the money over to you.

The story you were given by the agent was that the car was stolen. I don't think that it is relevant whether it was stolen by the agent and sold in your name or stolen by a third party. The fact is that it was stolen.
Did they agent lodge a complaint at a police station and if so do you have a case number or occurrence book number which you can refer to? If you do then go back to the cops and tell them you know where it is.
That is the way it should work. However I do not believe our police force have the capacity to work their way through this so you are I would think up the river with only a small paddle.
If you can go to the vehicle and take photos, video, of the vehicle and identifying marks which identify it as yours/dads then you could try to go for a civil suit and repossess the vehicle. However the identifying marks would have to be unique or else it could in fact be another vehicle.
You would also need a very good paper trail proving you owned such a vehicle.

The car was not stolen. It was handed to an agent to sell, and he sold it, which was a lawful sale. He did not hand over the money, so the money was stolen, which is a completely different thing.