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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motoroller

Original Poster:

657 posts

173 months

Monday 14th November 2016
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I got a car over a year ago, and sold it roughly 6-8 months into owning it due to wanting a different type of car.

I have the receipts from the seller stating that it was swapped directly for the car I had before that.

The problem is, I did a basic (a.k.a. cheap) HPI check, and the person who bought it from me is (understandably) irate as it's been repossessed from them. They are now on their way to my house as their car has been repossessed.

Where do I stand in this, and what can I (or me and the person who bought it from me) do about this? One or both of us are now stitched up by the idiot who I got it from.

Help appreciated ASAP as this person is on their way to my house.

jayemm89

4,036 posts

130 months

Monday 14th November 2016
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I'm no legal expert at all but surely when you exchanged your car for theirs, that car ceased being their property... is it being reclaimed because finance was owing on the car, or they just generally owed money to someone?

Butter Face

30,308 posts

160 months

Monday 14th November 2016
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So you sold it 4-6 months ago?

What does the new owner expect you to do now? It wasn't your finance was it?

I would call them and explain politely but firmly that it's 9.30 on a Monday night and them arriving at your house is going to achieve nothing.

They need to speak to the finance company, and it's their fault for also not doing an HPI check.




All the above is on a caveat that you're not a car dealer...

Scuba_steve

574 posts

180 months

Monday 14th November 2016
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Pretty sure that if you bought the car in good faith then you assume the title to the car. A finance company can/will repossess the car from whoever has possession of it and sort that little detail later on. The purchaser has no reason to me mad at you, and can't make you pay them back either - if the situation is as described, then you are a unwitting victim also, you assumed the car was legit - their problem will lie with the original dishonest seller.

Someone more knowledgable will be along shortly to expand/elaborate.

If you believe the purchaser is coming to your house to cause you problems - a phone call to the police non emergency to inform them there may be a breach of the peace would be wise.

imdeman87

894 posts

107 months

Monday 14th November 2016
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Why has it been repossessed? Outstanding finance? Did the person who buy it from you also do a HPI check?

Stay calm, make a cuppa and tell them to post their own thread on PH.

CS Garth

2,860 posts

105 months

Monday 14th November 2016
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Depends what type of mood they are in.

If they are normal then invite them in for a cup of tea and explain the situation.

That said, I don't think normal people come round at 10pm. Set up a mobile or other device to record from your top pocket and get the potential altercation on film, have someone stood by to call the 5-0 in case it gets tasty.

Have frozen sausages on standby and prepare to dominate your landing ..

Hope it goes smoothly and try and placate any beligerance

MDMA .

8,896 posts

101 months

Monday 14th November 2016
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Are you tooled up? Prepared to comand the driveway? smile

Welshbeef

49,633 posts

198 months

Monday 14th November 2016
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Sounds bizarre

What value car are you talking

I'd be taking photos of the car you have in case it gets keyed or he uses brake fluid over the car

hashtag

1,116 posts

154 months

Monday 14th November 2016
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How do you know they have not taken out a log book loan that has defaulted

motoroller

Original Poster:

657 posts

173 months

Monday 14th November 2016
quotequote all
Update: the two gentlemen showed up. I greeted them in a civil manner, sat them down and we went through all the details we have.

We have compiled all the details we can on the owner prior to me. They have the outstanding finance details, e.g. phone number and policy number etc. which were given to them when the car was repossessed.

All will be chased up with the finance company and via the police tomorrow.

B*****y hell, this has been a frightful evening. All in all a fairly amicable confrontation.

motoroller

Original Poster:

657 posts

173 months

Monday 14th November 2016
quotequote all
Welshbeef said:
Sounds bizarre

What value car are you talking

I'd be taking photos of the car you have in case it gets keyed or he uses brake fluid over the car
The car was worth about £12-13k. Not cheap by anyone's standards.

Butter Face

30,308 posts

160 months

Monday 14th November 2016
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Good result for you, bad for them!

motoroller

Original Poster:

657 posts

173 months

Monday 14th November 2016
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Does anyone have experience with section 27 of the Hire Purchase Act 1964?

Welshbeef

49,633 posts

198 months

Monday 14th November 2016
quotequote all
motoroller said:
Update: the two gentlemen showed up. I greeted them in a civil manner, sat them down and we went through all the details we have.

We have compiled all the details we can on the owner prior to me. They have the outstanding finance details, e.g. phone number and policy number etc. which were given to them when the car was repossessed.

All will be chased up with the finance company and via the police tomorrow.

B*****y hell, this has been a frightful evening. All in all a fairly amicable confrontation.
Result.

Let's hope between you the perpetrator is caught and they pay up.



Lesson here for all is always get a HPI report done by a reputable company as if this happens then meh the HPI company pays

poo at Paul's

14,147 posts

175 months

Monday 14th November 2016
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MDMA . said:
Are you tooled up? Prepared to comand the driveway? smile
Yes, ensure there are at least two weapons hidden in plain site along the driveway.

Jokes aside. Its not 100% easy to follow, but I take it you got a car about a year ago, and sold it 6 months ago, privately.
Did you buy it privately or from a dealer?

You say you did a straight swap for it when buying it. Is that right?
How much was the car worth / advertised for, how much was yours worth? Was the swap "fair" or did you give him a £500 stter for a £10k car?

Did you sell it privately and in good faith for proper value?

If you "bought" it privately, in good faith you "may" be ok, but the fact that Finance co has repo'd it means they think it has not been sold along the line in good faith ie, their hirer (your seller) did not have title and you were not an innocent 3rd party, hence YOu did not have title to sell on.
But if it was all innocent, then you should be ok.
What will happen is your buyer will try to persue F co and if no joy will challenge you and if you lose, you will have to persue your seller. HOWEVER, if ANYONE involved is a dealer, the buck will stop with them as they are deemed experts in law and should have known no title was available.

A big mess, hope you get sorted.

motoroller

Original Poster:

657 posts

173 months

Monday 14th November 2016
quotequote all
poo at Paul's said:
Yes, ensure there are at least two weapons hidden in plain site along the driveway.

Jokes aside. Its not 100% easy to follow, but I take it you got a car about a year ago, and sold it 6 months ago, privately.
Did you buy it privately or from a dealer?

You say you did a straight swap for it when buying it. Is that right?
How much was the car worth / advertised for, how much was yours worth? Was the swap "fair" or did you give him a £500 stter for a £10k car?

Did you sell it privately and in good faith for proper value?

If you "bought" it privately, in good faith you "may" be ok, but the fact that Finance co has repo'd it means they think it has not been sold along the line in good faith ie, their hirer (your seller) did not have title and you were not an innocent 3rd party, hence YOu did not have title to sell on.
But if it was all innocent, then you should be ok.
What will happen is your buyer will try to persue F co and if no joy will challenge you and if you lose, you will have to persue your seller. HOWEVER, if ANYONE involved is a dealer, the buck will stop with them as they are deemed experts in law and should have known no title was available.

A big mess, hope you get sorted.
I "bought" it privately. It was a direct swap for my previous car, which I was loathed to part with but was keen on the new one, so gave it a fair swap. It was definitely fair, and I have a signed paper that says both cars swapped.

I sold it privately, in good faith, and in excellent condition (detailed it, had it spruced up etc. in my ownership).

The details given by the finance company show that the finance was taken out in June 2015 - that's what todays HPI check on the car has revealed. I think that's what settled the lads down the most, that I'm not stitching them up and that I've sat them down calmly. Had I approached this differently the outcome would have been very difficult. Then again - I don't have a guilty conscience here!

How does the title actually work on cars? The V5 is not proof of ownership (I've driven past a shop that says "Logbook Loans" - what on earth are those?!?!?!?!). How does one correctly go about obtaining the title to a car?

This has me worried as all my cars have been bought privately.

Greasedupdeafguy

38 posts

146 months

Monday 14th November 2016
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CS Garth said:
Have frozen sausages on standby and prepare to dominate your landing ..
THIS, always gotta dominate that landing

eltax91

9,880 posts

206 months

Monday 14th November 2016
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A 'logbook loan' is a loan taken out against the car, where the car itself is used as security, rather than A N Other asset.

So, I own a £15k car, I can get someone to loan me against it, using it as security.

How much has he loaned on it in June 15? Presumably he took this loan and then quickly sold it on to you? Maybe he was trying to beat the HPi checks?

motoroller

Original Poster:

657 posts

173 months

Tuesday 15th November 2016
quotequote all
Who do I go to next? A lawyer? The police?

anonymous-user

54 months

Tuesday 15th November 2016
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You don't go to anyone, it's not your problem. The people who had the car repossessed from them need to progress it.
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