HELP - sold a car and it was repossessed from the buyer
Discussion
Very disturbing turn for the OP.
I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
charltjr said:
You don't go to anyone, it's not your problem. The people who had the car repossessed from them need to progress it.
Wishful thinking. OP sold something that he didn't own, doesn't matter if he knew or not the buyer only has a legal relationship with the op. ie OP is the only person they can sue.Section 27 of the Hire Purchase Act probably covers it:
http://www.legislation.gov.uk/ukpga/1964/53/sectio...
http://www.legislation.gov.uk/ukpga/1964/53/sectio...
swisstoni said:
Very disturbing turn for the OP.
I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I think people are basically just tight, they might look at a dozen cars and be interested in 3 of them, they aren't going to shell out £30 per car. What they should do of course is get it down to just one car and do the full HPI check as the last step. I did a full HPI on my current car which showed outstanding finance from Land Rover, a quick call later and Land Rover Finance basically admitted they had just never removed the 'flag' from the car and it had been settled a long time ago, still, could have been a different story!I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
SuperVM said:
Section 27 of the Hire Purchase Act probably covers it:
http://www.legislation.gov.uk/ukpga/1964/53/sectio...
Providing this is not a log book loan, the fact it shows on HPI indicates its not, then this covers it.http://www.legislation.gov.uk/ukpga/1964/53/sectio...
Your buyer should crucify the finance co who have behaved like bullies and are so far outside the law and their rights.
they should tell them that if the car is not back with them pdq then they will not only sue for compensation but also petition to have their licence suspended.
Section 27 was set up because the finance house association refused to fund the equivalent of the land registry and section 27 was a price they agreed to pay.
Grunt Futtock said:
swisstoni said:
Very disturbing turn for the OP.
I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I think people are basically just tight, they might look at a dozen cars and be interested in 3 of them, they aren't going to shell out £30 per car. What they should do of course is get it down to just one car and do the full HPI check as the last step. I did a full HPI on my current car which showed outstanding finance from Land Rover, a quick call later and Land Rover Finance basically admitted they had just never removed the 'flag' from the car and it had been settled a long time ago, still, could have been a different story!I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I bid him good-day.
swisstoni said:
Grunt Futtock said:
swisstoni said:
Very disturbing turn for the OP.
I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I think people are basically just tight, they might look at a dozen cars and be interested in 3 of them, they aren't going to shell out £30 per car. What they should do of course is get it down to just one car and do the full HPI check as the last step. I did a full HPI on my current car which showed outstanding finance from Land Rover, a quick call later and Land Rover Finance basically admitted they had just never removed the 'flag' from the car and it had been settled a long time ago, still, could have been a different story!I don't suppose this is the first time its ever happened and there is a procedure. But that procedure is likely between the new keeper and the finance company (and of course the original scrote).
Very dull but a full HPI check only costs about £30. Why people skip this bit of security on something costing thousands beats me.
I bid him good-day.
motoroller said:
The plot thickens.
The person I bought the car from has told the police and the person who bought it that I knew about the outstanding finance. Why on earth would I do a straight swap, if I expected there to be outstanding finance?!
It's almost irellevant, the previous owner is responsbile for the finance and for it being cleared before selling the car. Whilst it has finance on it, it's not their car to sell! The person I bought the car from has told the police and the person who bought it that I knew about the outstanding finance. Why on earth would I do a straight swap, if I expected there to be outstanding finance?!
They're just trying to wriggle out of it. f
kers.Butter Face said:
It's almost irellevant, the previous owner is responsbile for the finance and for it being cleared before selling the car. Whilst it has finance on it, it's not their car to sell!
They're just trying to wriggle out of it. fkers.
How do I prove this? At the moment everyone (seller and buyer) are making me feel like it's my headache and that somehow I should be the one paying off the finance. If this comes down to one persons word against the other then I'm likely to be hit with a large bill, despite not having done any wrong. I've been in this position before with a false / fake personal injury claim against me on car insurance. It's a terrible situation to be in.They're just trying to wriggle out of it. f
kers.It's stressing me out - I'm at work and can't focus.
motoroller said:
I'm likely to be hit with a large bill
IANAL but I don't think you will. In the eyes of the law the debt is not yours, the car is also not yours. Proof would have to be supplied that you took the car knowing of existing finance and promised to settle it (which I assume will not be forthcoming as you state you didn't know of the finance)
You would also have to be proven that you sold the car knowing of existing finance and duped the new buyer which also won't be forthcoming.
If I were you I would take a step back, tell the new owner they need to deal with the finance company/previous owner/police themselves as really it's not your issue. Assist when requested but don't get too involved.
This is why people should do HPI checks, still baffles me that people will hand over £0000's without doing a basic bit of £25 due dilligence!
Grunt Futtock said:
I think people are basically just tight, they might look at a dozen cars and be interested in 3 of them, they aren't going to shell out £30 per car. What they should do of course is get it down to just one car and do the full HPI check as the last step. I did a full HPI on my current car which showed outstanding finance from Land Rover, a quick call later and Land Rover Finance basically admitted they had just never removed the 'flag' from the car and it had been settled a long time ago, still, could have been a different story!
I thought you could get a group of 5 HPI checks at a discounted rate?Just checked - AA do a multicheck (5 checks) for £29.99. A single check is £19.99.
Butter Face said:
IANAL but I don't think you will. In the eyes of the law the debt is not yours, the car is also not yours.
Proof would have to be supplied that you took the car knowing of existing finance and promised to settle it (which I assume will not be forthcoming as you state you didn't know of the finance)
You would also have to be proven that you sold the car knowing of existing finance and duped the new buyer which also won't be forthcoming.
If I were you I would take a step back, tell the new owner they need to deal with the finance company/previous owner/police themselves as really it's not your issue. Assist when requested but don't get too involved.
This is why people should do HPI checks, still baffles me that people will hand over £0000's without doing a basic bit of £25 due dilligence!
The difficulty is the time and hassle involved in all of this - I have to prove that I didn't know, which means it'll end up as one person's word against another, which definitely ends badly for everyone. I've been a similar position with a false personal injury claim against my car insurance, somehow my idiotic insurance company (Admiral) paid out £4k for the fake injury, despite my continuous protest. It's still impacting my premiums now!Proof would have to be supplied that you took the car knowing of existing finance and promised to settle it (which I assume will not be forthcoming as you state you didn't know of the finance)
You would also have to be proven that you sold the car knowing of existing finance and duped the new buyer which also won't be forthcoming.
If I were you I would take a step back, tell the new owner they need to deal with the finance company/previous owner/police themselves as really it's not your issue. Assist when requested but don't get too involved.
This is why people should do HPI checks, still baffles me that people will hand over £0000's without doing a basic bit of £25 due dilligence!
I keep getting missed calls from the buyer at work, the time and hassle this is creating is ridiculous.
The most recent update - they've gone to the police who have advised them to file a case against me, and for me to file a case against the guy I bought it from. Apparently it works "like a chain". No one wins
funkyrobot said:
I thought you could get a group of 5 HPI checks at a discounted rate?
Just checked - AA do a multicheck (5 checks) for £29.99. A single check is £19.99.
"Trade" price on HPI check for me is effectively £2 each, or even less if it is done via Vehicle Stock Monitor. I have a monthly capped contract and get so many checks per month at a fixed rate.Just checked - AA do a multicheck (5 checks) for £29.99. A single check is £19.99.
It never ceases to amaze me when I see the margins that are made on retail sales and how well the dealers defend them. As a fleet user, standard dealer discount is between 10-15% off list, with anything up to a further 35-40% retro-rebate from the manufacturer.
for a start have you got the original hpi check with the no finance outstanding bit.
The onus is not you buying the car, the seller, selling the car is breaking the law selling a car that still has outstanding finance on it.
'27 of the Hire Purchase Act (1964). This says that if you buy a car in good faith and the vendor doesn’t tell you of any outstanding finance agreements, you still have good title to the car.'
I am not a lawyer but a quick Google shows the finance company can't repossess this from you/your buyer if you bought in good faith.
is this a log book loan?
The onus is not you buying the car, the seller, selling the car is breaking the law selling a car that still has outstanding finance on it.
'27 of the Hire Purchase Act (1964). This says that if you buy a car in good faith and the vendor doesn’t tell you of any outstanding finance agreements, you still have good title to the car.'
I am not a lawyer but a quick Google shows the finance company can't repossess this from you/your buyer if you bought in good faith.
is this a log book loan?
I'm wondering if the OP may need a bit of legal advice, just to sort this situation out?
It seems like the OP is being treated as the fall guy by both parties. Advice from both sides seems to be useless.
OP - try a call to CAB (or whatever the helpline is called now) in the first instance.
It seems like the OP is being treated as the fall guy by both parties. Advice from both sides seems to be useless.
OP - try a call to CAB (or whatever the helpline is called now) in the first instance.
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