car repossessed
Author
Discussion

SplatSpeed

Original Poster:

7,491 posts

281 months

Wednesday 6th December 2017
quotequote all
a family friend has had there car taken.

they bought the car in good faith a 12 plate Zafira

the previous owner owed finance unknown to the purchaser.

did not know the person previously, he came into the car wash and offered to sell him the car.

he needed a 7 seats and purchased it.

he is innocent insured it for what he paid,

they have clamped the car.

the finance is with a well known door step lender being investigated by the FCA

please help that splatspeed

eybic

9,212 posts

204 months

Wednesday 6th December 2017
quotequote all
I don't think there is much that can be done other than offering to pay the finance company to buy the car. They own the car and the person that sold it didn't have the right to without clearing the finance.

mgv8

1,657 posts

301 months

Wednesday 6th December 2017
quotequote all
Sorry but anything over £500 and you need HPI.
As above, talk to the company who is owed money make a deal.

Echo66

384 posts

219 months

Wednesday 6th December 2017
quotequote all
Caveat emptor. Tough luck unfortunately. Should have at least HPI'd it.

HorneyMX5

5,761 posts

180 months

Wednesday 6th December 2017
quotequote all
Get your friend to speak to the finance company and see what they say. It has been known for them to allow people to keep the car (where there's clear evidence they bought in good faith with a receipt etc) and then chase the original owner for the debt amount.

That said, who the **** buys a car from a random person who approaches you in a car wash? That has scam alarm bells all over it!

TooMany2cvs

29,008 posts

156 months

Wednesday 6th December 2017
quotequote all
SplatSpeed said:
did not know the person previously, he came into the car wash and offered to sell him the car.
<holds head in hands>

Durzel

12,999 posts

198 months

Wednesday 6th December 2017
quotequote all
Who conducts car sales business on the forecourt of a car wash?

(hint: it's not upstanding citizens)

TooMany2cvs

29,008 posts

156 months

Wednesday 6th December 2017
quotequote all
Durzel said:
Who conducts car sales business on the forecourt of a car wash?

(hint: it's not upstanding citizens)
I wonder if it was the same seller as this one...

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Durzel

12,999 posts

198 months

Wednesday 6th December 2017
quotequote all
It boggles the mind. Reminds me of those guys who used to go around the car park while I was at university selling speakers. "They're not nicked".

S11Steve

6,389 posts

214 months

Wednesday 6th December 2017
quotequote all
Pretty much only two choices - settle the finance, or bite the bullet, hand the car over.


However... I'm dealing with a couple of similar instances where people have bought one of my rental vehicles, and I've been talking to one of the purchasers lawyers about ss27-29 of the Hire PUrchase Act 1964 - in short, if it was under a Hire Purchase agreement at the time of sale, there are certain, very specific circumstances under which good Title can pass. The phrase that is being banded about is "Purchaser without notice".

I'm not a lawyer, but in my case the vehicle wasn't subject to HP, therefore title could not have passed. May be worth a call to a specialist consumer solicitor, or if you have legal cover on your home insurance to explore this one.

SplatSpeed

Original Poster:

7,491 posts

281 months

Wednesday 6th December 2017
quotequote all
yes he is an idiot!!

we have established that.

my step children's type is morons!!

i keep saying stop banging retards but they dont listen.

but the GF has a pub so i take the good with the bad lol!! tongue outtongue outrolleyeslaugh

anonymous-user

84 months

Wednesday 6th December 2017
quotequote all
To avail yourself of section 27 of the 1964 Act, you must have purchased in good faith. The OP here (I don't buy that "friend" cobblers) bought a car at a car wash, FFS, so good faith could well be in issue.

Note also that section 27 will not apply if the finance agreement is not a hire purchase agreement.

kiethton

14,651 posts

210 months

Wednesday 6th December 2017
quotequote all
may have an out....

"Where a motor vehicle is subject to an HP or conditional sale agreement, while the vendor does not own it and has no right to sell it, 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 does so under section 27 of the Hire Purchase Act 1964."

anonymous-user

84 months

Wednesday 6th December 2017
quotequote all
Is there an echo in here?

Anyway, good luck with proving good faith in an "I bought it at a car wash from some dude I did not know" scenario.

kiethton

14,651 posts

210 months

Wednesday 6th December 2017
quotequote all
Breadvan72 said:
Is there an echo in here?

Anyway, good luck with proving good faith in an "I bought it at a car wash from some dude I did not know" scenario.
My bad - may have appeared as I was typing smile

mgtony

4,214 posts

220 months

Wednesday 6th December 2017
quotequote all
Bought from a car wash. Needs a barrister..scratchchin

idea

Shami Chakrabarti

brrapp

3,701 posts

192 months

Wednesday 6th December 2017
quotequote all
Breadvan72 said:
Anyway, good luck with proving good faith in an "I bought it at a car wash from some dude I did not know" scenario.
Our local carwash always has a few bangers for sale at the side of their forecourt. The employees buy them from customers who bring them in for a once in a lifetime wash before they advertise them for sale. The carwash guys make them a low cash offer based on the fact that the owner will save on the bother of prep and selling then clean them in their spare time and sell them on for a small profit.
They don't class themselves as trades but other than that it seems like a good business model.

anonymous-user

84 months

Wednesday 6th December 2017
quotequote all
They are traders, whether they call themselves traders or not.

Mammasaid

5,593 posts

127 months

Wednesday 6th December 2017
quotequote all
mgtony said:
Bought from a car wash. Needs a barrister..scratchchin

idea

Shami Chakrabarti
Shurely, 'Chamois' Chakrabarti

awaits delivery of parrot....

ATG

23,801 posts

302 months

Wednesday 6th December 2017
quotequote all
Durzel said:
It boggles the mind. Reminds me of those guys who used to go around the car park while I was at university selling speakers. "They're not nicked".
A former colleague of mine used to sell speakers that way. They weren't knicked. But the students (and others) buying them thought they were, and therfore thought they were getting a bargain.