HELP - sold a car and it was repossessed from the buyer

HELP - sold a car and it was repossessed from the buyer

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Nezquick

1,461 posts

126 months

Saturday 19th November 2016
quotequote all
Devil2575 said:
Maybe the people who gave the legal advice have answers to some of the questions that people on here don't...
That's what I'm assuming has happened.

Red Devil

13,060 posts

208 months

Saturday 19th November 2016
quotequote all
bigee said:
To be fair though have the OP's legal 'team' been given more info than the chaps on here ? Only if the info is like for like can you compare.
^^This^^

Advice can only be as good as the sum of the specific facts provided. It can also depend on the level of expertise of the person/s you consult.

Not to mention the old saw that you will get different opinions equal to the number of lawyers present in any given room. wink

imagineifyeswill

1,226 posts

166 months

Saturday 19th November 2016
quotequote all
konark said:
Are Barclays so stupid they would repossess a car if they had no legal right to do so?

The car has changed hands twice since the original debtor, surely they would have assumed that at least one of those bought in good faith so has good title.

The answer hinges on the type of finance on the car, in some types like logbook loans the debt goes with the car (maybe)and if it was leased or hired the s.27 protection wouldn't be applicable, as the original seller would have effectively stolen the car.
It wouldnt be the first time, they would rather be in possession of the car and hand it back later if necessary, Ive known 2 cases where cars had to be returned, 1) the vehicle was snatched from outside a taxi office with the keys in the ignition, not allowed private property, 2) I dont know the full story as the vehicle was repo,d by agents from friends of mine and I declined to be involved had doubts about that one from the start, a fortnight later the vehicle was delivered back to me for the owners to collect.

hotchy

4,468 posts

126 months

Saturday 19th November 2016
quotequote all
Your original hpi is all the proof you need that you believed it was finance free. Nothing to worry about imo.

surveyor

17,811 posts

184 months

Saturday 19th November 2016
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hotchy said:
Your original hpi is all the proof you need that you believed it was finance free. Nothing to worry about imo.
Have you actually read any of the thread?

You do realise that his original HPI check did not include the finance check?

herewego

8,814 posts

213 months

Sunday 20th November 2016
quotequote all
Unless the OP said the check was specifically done by HPI, I don't think we should refer to the check as an HPI check as several companies offer vehicle checks. The OP may have referred to it as an HPI check but that doesn't mean it was HPI as apparently everybody seems to be referring to vehicle checks as HPI checks when they may not be. This doesn't mean that only checks by HPI are good. I'd be perfectly content with a vehicle check done by the RAC for example.

hora

37,116 posts

211 months

Sunday 20th November 2016
quotequote all
OP I hope you do the right thing by the new owners. I hope I never do business with you. Ever.

selym

9,544 posts

171 months

Sunday 20th November 2016
quotequote all
hora said:
OP I hope you do the right thing by the new owners. I hope I never do business with you. Ever.
I would hope that anyone would do their prior checks, then all this could be avoided.

funkyrobot

18,789 posts

228 months

Sunday 20th November 2016
quotequote all
selym said:
hora said:
OP I hope you do the right thing by the new owners. I hope I never do business with you. Ever.
I would hope that anyone would do their prior checks, then all this could be avoided.
It could also have been avoided if the OP didn't sell the car knowing there was finance on it.

But, as you say, these checks are quite important.

WinstonWolf

72,857 posts

239 months

Sunday 20th November 2016
quotequote all
hora said:
OP I hope you do the right thing by the new owners. I hope I never do business with you. Ever.
The OP isn't in business, he bought the car from a dealer they should have made sure it was clear of finance...

SteveR1979

599 posts

141 months

Sunday 20th November 2016
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WinstonWolf said:
The OP isn't in business, he bought the car from a dealer they should have made sure it was clear of finance...
No he didn't.
He swapped it,and I don't recall any statement about the vendor being private or trade.

hora

37,116 posts

211 months

Sunday 20th November 2016
quotequote all
'Do business with'

Doesn't mean he's a retailer does it. It's slang, a saying too.

If I had an inclining that a car I owned had finance from previous the last thing I'd do is offload it to a private individual with a passive caveat emptor attached.

WinstonWolf

72,857 posts

239 months

Sunday 20th November 2016
quotequote all
I'm not an altruist, I'd look after my own interests before those of others. That's also why I always do an HPI...

anonymous-user

54 months

Sunday 20th November 2016
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WinstonWolf said:
I'm not an altruist, I'd look after my own interests before those of others. That's also why I always do an HPI...

You ought to read the thread, you appear to be commenting on a completely different case.

TurricanII

1,516 posts

198 months

Sunday 20th November 2016
quotequote all
Can it be said that the OP swapped his car and because the new car turned out to belong to Barclays that he has not been 'paid' for his original TT?

Can he repossess the TT from scrote #1 (ideally without notice to the scrote) on the basis that it has not been paid for?

If he can then I am sure he'd feel happier giving the 12k back to buyer #3!


ging84

8,885 posts

146 months

Sunday 20th November 2016
quotequote all
The whole things sounds fishy to me
One person stupid enough to have £12k over to a stranger without doing a proper check, but 2 in a row?

What i dont understand here is why the final purchaser was not able to just claim he bought the vehicle in good faith.

The OP says he wasn't aware of the finance, the guy who sold it to him says he did, but what is not in dispute is the the OP did not tell the final purchaser, so if the same rules apply to PCP as HP as everything i have read seems to suggest, this should be problem solved.

konark

1,103 posts

119 months

Monday 21st November 2016
quotequote all
hora said:
OP I hope you do the right thing by the new owners. I hope I never do business with you. Ever.
That'll be .......Barclays.

Jefferson Steelflex

1,439 posts

99 months

Monday 21st November 2016
quotequote all
motoroller said:
Those letters would be on my desk in a matter of weeks, along with additional damages and hire car bills from the buyer.
And back to my original point, which I think has been supported by people far more qualified than me - you probably won't end up paying more than £12k over if you ended up in court. All this hire car costs, etc. are (if even allowable) going to offset the car's loss in value during the new owners usage.

Seriously, if I was going to end up paying £12k i'd wait until I absolutely had to (i.e. ordered by a court), and if there was a chance i'd be paying out a bit more, i'd save it in the meantime.

SiH

1,823 posts

247 months

Wednesday 23rd November 2016
quotequote all
Any further news OP?

motoroller

Original Poster:

657 posts

173 months

Thursday 24th November 2016
quotequote all
SiH said:
Any further news OP?
Current situation is that the buyer will start legal proceedings next week if I don't refund, but at the same time I've been chasing Barclays and FINALLY got through to someone who understands and deals with these situations. They have sent me forms to be filled in, it's been logged with ActionFraud, and am awaiting response from Barclays.
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