Scamming MH dealer defrauds £350,000 but only had to pay ?

[Otter Spotter]

Motorhome dealer only has to pay back £2,000 of near-£350,000 she made from fraud – Car Dealer Magazine

A motorhome dealer who scammed people out of almost £350,000 will only have to repay just over £2,000. Christine Galloway, 68, was jailed for a year after

cardealermagazine.co.uk

Who says crime doesn’t pay. She will find another way to scam when she gets out !

 

[David and Sally]

Ridiculous sentence. More about the offender than the victims.

 

[Otter Spotter]

Ridiculous sentence. More about the offender than the victims.

Agreed, nothing mentioned as to whether she has to pay a victims surcharge!

 

[SpeedyDux]

The length of fraud sentences is on a sliding scale, based on the total sum involved. Unfortunately. Lax sentencing policy.

For her to have got a really long headline sentence (say 7 years, but out on licence soon after completing 3 years including cushy open prison time) she would need to have been convicted of stealing several Million from the unlucky customers.

Cases like this should be a warning to those who are gulled into allowing their MHs to be sold on an agency basis, trusting that the agent will pass them the proceeds of sale. Don't do this! It is always risky. Even if the agent is a dealership because if they go bust after the sale is completed your money will be lost.

 

[Brains]

Paid £348,000 to spend a year in prison with 3 meals a day and a 2 showers a week.

I think quite a few people would jump at the job, although the hours are terrible and there is no holidays or days off.

£953 per day or £40 an hour.
She will be earning even more than a Conservative MP !

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[gus-lopez]

2 showers a week.

only 2?? I'd be complaining. dirty barstewards.

 

[Brains]

only 2?? I'd be complaining. dirty barstewards.

2 showers a week if you are lucky.
The food is pretty boring as well,
But for near enough a grand a day, well worth it.

 

[Just smiffy]

My first motorhome bought from a dealer was stolen and the police took it away, he did it to at least 5 others…

No payback to anyone and I don’t think he even got fined. He spent around 3 months in jail….

 

[Brains]

My first motorhome bought from a dealer was stolen and the police took it away, he did it to at least 5 others…
No payback to anyone and I don’t think he even got fined. He spent around 3 months in jail….

Sounds like a sound business plan.

I've got a nice little Morello, call it £50 grand for cash.
I can meet you in a motorway service station near yours for the handover.

 

[CAB96]

But presumably, she no longer has the money to pay back, if it was used to prop up a failing business.

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[TheBig1]

probably skint on paper but the Million pound house and cars all in here husband's name (other relatives are available)

 

[Coastal Cruiser.]

Now if she had of defrauded the government out of that much she would be looking at a lot longer sentence for sure!!

 

[Gaston aires]

Now if she had of defrauded the government out of that much she would be looking at a lot longer sentence for sure!!

And all assets seized.

 

[Otter Spotter]

And all assets seized.

That’s what should happen in this case, if the Police are bothered to investigated the hiding of assets

 

[TinaLes]

So what happens to the vans? returned to their original owner/sellers, and the new purchasers lose out?
Is that how it works?
LES

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[TheBig1]

So what happens to the vans? returned to their original owner/sellers, and the new purchasers lose out?
Is that how it works?
LES

She legitimately sold the vehicles under a written agreement with the owner. She then defrauded the previous owner by not paying them the money she owed. The new buyers purchased in good faith and legitimately now own the vans. The previous owner has no call on the van as it was not stolen, only the proceeds from the sale

 

[rolosroller]

And she wont serve 1 year she be out in 6 months

 

[Northernraider]

Now if she had of defrauded the government out of that much she would be looking at a lot longer sentence for sure!!

And if the government had defrauded that amount theyd serve no sentence whatsoever.

 

[CazPaul]

She legitimately sold the vehicles under a written agreement with the owner. She then defrauded the previous owner by not paying them the money she owed. The new buyers purchased in good faith and legitimately now own the vans. The previous owner has no call on the van as it was not stolen, only the proceeds from the sale

I thought, obviously wrongly, that it’s tantamount to stealing, if you buy something that’s been nicked doesn’t the original legal owner get it given back to them by law?

 

[2x2camper]

I thought, obviously wrongly, that it’s tantamount to stealing, if you buy something that’s been nicked doesn’t the original legal owner get it given back to them by law?

The vans weren't stolen though, the money was.

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[Nanniemate]

The vans weren't stolen though, the money was.

I though this as if a vehicle was stolen it is returned to the owner (where possible) this has happened in the past where vehicles have been sold on with HP outstanding the vehicle has been taken from the buyer who has purchased stolen property they then loose out
A very sad chain of events but not sure if 'proceeds of crime' could get the money back

 

[CazPaul]

The vans weren't stolen though, the money was.

Is that not almost the same thing though?

 

[Brains]

Is that not almost the same thing though?

No
One has been (legally) exchanged for the other

It's known as the Nemo Dat rule
You can not sell what you do not own.

(Hence a 'broker' is not a 'buyer/seller', unlike a 'dealer' who owns the asset.)

 

[TheBig1]

In law the owner gave permission and documents and keys to legitimately sell. The dispute arises because moneys from such sale did not get forwarded to the owner. So the theft was of money, not the vehicle

 

[TheBig1]

Interestingly, if there was outstanding finance not repaid to the lender upon sale, the lender retains an interest and can seize the vehicle fro the person who believes they purchased the vehicle. So 2 people out of pocket with no vehicle

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