Car Repossed Help
Discussion
Daughter bought a second hand car last July and bailiffs have just turned up and taken it away as it has outstanding finance on it. Guy we bought it off lives a couple of miles away and seemed very genuine, he bought it to get back and forward to work for a few weeks while his car awaited parts that were on back order ( Audi S6). We did a typical phone check at the time and nothing came up on it, i.e. no cat C, finance, milage okay etc. Car was only eleven hundred pounds so didn't seem worth doing a proper hip check. Does she have any comeback with last owner or telephone text check or any other way, or is she screwed? Car is also a lot better now than when she bought it, full MOT new discs and pads as well as tyres.
Worst part is she is due her first baby in 4 weeks time and really could do without the stress as obviously she is very upset..
Edited to say it seems like a loan was taken out with one of those high street lenders (money, something) and the car used as collateral.
Worst part is she is due her first baby in 4 weeks time and really could do without the stress as obviously she is very upset..
Edited to say it seems like a loan was taken out with one of those high street lenders (money, something) and the car used as collateral.
Edited by tony wright on Thursday 11th February 16:47
Daughter bought a second hand car last July and bailiffs have just turned up and taken it away as it has outstanding finance on it. Guy we bought it off lives a couple of miles away and seemed very genuine, he bought it to get back and forward to work for a few weeks while his car awaited parts that were on back order ( Audi S6). We did a typical phone check at the time and nothing came up on it, i.e. no cat C, finance, milage okay etc. Car was only eleven hundred pounds so didn't seem worth doing a proper hip check. Does she have any comeback with last owner or telephone text check or any other way, or is she screwed? Car is also a lot better now than when she bought it, full MOT new discs and pads as well as tyres.
Worst part is she is due her first baby in 4 weeks time and really could do without the stress as obviously she is very upset..
Edited to say it seems like a loan was taken out with one of those high street lenders (money, something) and the car used as collateral.
Worst part is she is due her first baby in 4 weeks time and really could do without the stress as obviously she is very upset..
Edited to say it seems like a loan was taken out with one of those high street lenders (money, something) and the car used as collateral.
Edited by tony wright on Thursday 11th February 16:53
Getting worse by the second. She didn't reiceve any paperwork from him as he opened the letter on his I pad and then asked for her email so he could send it to her. She now can't open the e mail so has no details at all on the car and where it's gone and only has his name after handing over the keys.
tony wright said:
Getting worse by the second. She didn't reiceve any paperwork from him as he opened the letter on his I pad and then asked for her email so he could send it to her. She now can't open the e mail so has no details at all on the car and where it's gone and only has his name after handing over the keys.
Bye bye money.Did she get some paperwork from the 'bailiff' ?
If she bought in good faith I dont think that they can take the car.
https://blog.hpicheck.com/2015/06/18/buying-a-car-...
Now that they have she needs to look into action against the bailiff and the finance company.
If she bought in good faith I dont think that they can take the car.
https://blog.hpicheck.com/2015/06/18/buying-a-car-...
hpi said:
You do have a defence though, and that’s section 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.
So she shouldnt have let them take the car.Now that they have she needs to look into action against the bailiff and the finance company.
tony wright said:
Getting worse by the second. She didn't reiceve any paperwork from him as he opened the letter on his I pad and then asked for her email so he could send it to her. She now can't open the e mail so has no details at all on the car and where it's gone and only has his name after handing over the keys.
police. nowThey shouldn't have taken the car.
A private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it. He/She does so under section 27 of the Hire Purchase Act 1964.
You need to explain to them (Finance Company) immediately that you bought the car in good faith. Your letter should include: the name and address of the person you bought the car from, the date you bought it, and how much you paid and ask them to tell the Bailiff company to release the car immediately or you will be taking Legal Action.
As above i'd also report to 101 as this is technically theft.
A private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it. He/She does so under section 27 of the Hire Purchase Act 1964.
You need to explain to them (Finance Company) immediately that you bought the car in good faith. Your letter should include: the name and address of the person you bought the car from, the date you bought it, and how much you paid and ask them to tell the Bailiff company to release the car immediately or you will be taking Legal Action.
As above i'd also report to 101 as this is technically theft.
As above, contact the finance company and inform them she is a purchaser in good faith. They have committed theft in essence so she can also report it to plod (who will be all over it and won't at all say it is a civil matter sir, well, unless the finance company drove away at 34mph).
They managed to open the attachment on their standalone as wouldn't open on the pad. Its six pages long and looks legit. They are on their way round to the police station now on return they are going to contact the phone text checker as it was checked using my Wife's phone but she has replaced that with two new ones since then. I'll have to wait for their return to get the info on balifs and finance company. Hope there is some come back on the bailiffs as she was pretty upset and told them her husband would be home in ten minutes but they refused to wait. I spoke to them on the phone but other than getting her to check their ID and take pictures of the V5 (which she also handed over) I didn't know what to do (I live 15 min's away).
Just got off the phone to the police. Didn't want anything to do with it, civil matter contact CAB or a solicitor as it's buyer beware. I told them a phone text showed up nothing but they suggested that it would necessarily show up via that system and anything other than full hpi was the only way to do it. I didn't do a full hpi as I assumed phone text was enough and car was only eleven hundred pounds.
You need to get on top off this quickly, I used to operate a breakdown recovery company and had a contract with a well known finance company to pick up repossessed cars and take them to auction, if I got the job early enough in the day the vehicles would go through the auction that night in some cases.
tony wright said:
Just got off the phone to the police. Didn't want anything to do with it, civil matter contact CAB or a solicitor as it's buyer beware. I told them a phone text showed up nothing but they suggested that it would necessarily show up via that system and anything other than full hpi was the only way to do it. I didn't do a full hpi as I assumed phone text was enough and car was only eleven hundred pounds.
Is there some trap that we're not falling into with the £1100 cost of the car? You've mentioned it several times, often prefaced with "only". If it was "only eleven hundred pounds", then why bother, just buy another one that's "only eleven hundred pounds"?Absolutely log book loan, and they aren't always registered on credit systems in my experience. Good luck, but it will be a big fight for such a small return (but I understand it's a lot to some people and definitely worth more for your daughter). May be better to get a small loan and another car as it could cost a fair bit in time and money to get anywhere. Plod won't care a hoot unless it was involved in a blag or speeding
Spoke to the finance company (mobile money) and apparently the debt was from 2014 (Clair Freeman) so nothing to do with the guy we bought it off. I asked if they could give the details of this Woman so at least we could look towards small claims in the future but they refused due to data protection (DVLA happy to give them my daughters info though). They also said it had changed hands a few times since then so if that's the case why couldn't DVLA warn or advise people of the issue and why issue the V5 if the car won't belong to them. Apparently the only way out of it, is to make them an offer to buy car back as it's now their asset, but they wouldn't give me any idea of a figure. Going to see cab tomorrow but not holding my breath as it looks like she's stumped.
Any advice for my visit to CAB in the morning would be gratefully received.
Any advice for my visit to CAB in the morning would be gratefully received.
JacquesMesrine said:
Is there some trap that we're not falling into with the £1100 cost of the car? You've mentioned it several times, often prefaced with "only". If it was "only eleven hundred pounds", then why bother, just buy another one that's "only eleven hundred pounds"?
The issue was £15 hpi check on the car, we looked at several cars before buying this one and paid £3 a car to check via phone text (some cat C/D) imagine if it had been £15 a shot, obviously hind sight is a wonderful thing but that was the reason behind stating the price. Eleven hundred pounds is a lot to my Daughter.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff