HELP, Finance on car advice
HELP, Finance on car advice
Author
Discussion

Lucas7

Original Poster:

5 posts

161 months

Tuesday 15th October 2013
quotequote all
Hi all,

Been on PH for a while, sold a few cars as a private seller and love the advice of some of the members here.

Ive got a bit of a nightmare situation going on, in June of this year I purchased a car to make a bit of profit on. The seller seemed to be a nice guy and I did a HPI text check on the vehicle. I came to sell the car a month later and they did an Experian check on the car and it came back with Finance on it. I have been told that I have no rights of "good title" to the car as I am classed as a trader, I have got legal advice, been to the cab, been on tonnes of forums and I am just tired of the headache of having a car on finance which I can do nothing about. The finance company are now persuing me to get the car back and I have a court case which has been granted in my favour against the original seller of the vehicle (he has not responded to any of the letters and I dont think the bailiffs will be able to recover anything). I have been advised by a number of people to just get rid of the car and tell the finance company it is gone to get them off my back. I stand to lose £4000 if they take it and the finance on the car is £5500. My question is shall I sell it? or sell it to a friend and hide the car? Or sell it abroad. Or is there anything I can do?

Im not a dishonest person and I dont ever want to put someone in the predicament that I am in. But I stand to lose a good sum of money here and I just want the money I paid back!

Any advice would be appreciated, or if anyones been through the same ordeal please contact me.

Or if anyone wants to take it off my hands? The car is worth £4600 as thats the price I sold it at originally. I am told that if someone were to buy it as a private individual then they can claim good title against the car..

Cheers!

JEA1K

2,752 posts

253 months

Tuesday 15th October 2013
quotequote all
Lucas7 said:
Hi all,

Been on PH for a while, sold a few cars as a private seller and love the advice of some of the members here.

Ive got a bit of a nightmare situation going on, in June of this year I purchased a car to make a bit of profit on. The seller seemed to be a nice guy and I did a HPI text check on the vehicle. I came to sell the car a month later and they did an Experian check on the car and it came back with Finance on it. I have been told that I have no rights of "good title" to the car as I am classed as a trader, I have got legal advice, been to the cab, been on tonnes of forums and I am just tired of the headache of having a car on finance which I can do nothing about. The finance company are now persuing me to get the car back and I have a court case which has been granted in my favour against the original seller of the vehicle (he has not responded to any of the letters and I dont think the bailiffs will be able to recover anything). I have been advised by a number of people to just get rid of the car and tell the finance company it is gone to get them off my back. I stand to lose £4000 if they take it and the finance on the car is £5500. My question is shall I sell it? or sell it to a friend and hide the car? Or sell it abroad. Or is there anything I can do?

Im not a dishonest person and I dont ever want to put someone in the predicament that I am in. But I stand to lose a good sum of money here and I just want the money I paid back!

Any advice would be appreciated, or if anyones been through the same ordeal please contact me.

Or if anyone wants to take it off my hands? The car is worth £4600 as thats the price I sold it at originally. I am told that if someone were to buy it as a private individual then they can claim good title against the car..

Cheers!
I think you need to take a long hard look at what you're asking people to do! Unfortunately you have been 'done over' ... you need to hand the car back to its rightful owner before it goes to court and pursue the seller through the courts, otherwise you're committing fraud ...

northandy

3,540 posts

251 months

Tuesday 15th October 2013
quotequote all
I don't think you can sell it on with good title if you already know it's not, that's not how it works.

I think your best bet is chasing the guy you purchased from.

I guess in future get a proper hpi check with a guarantee, rather than one of these cheap checks.

P-Jay

11,408 posts

221 months

Wednesday 16th October 2013
quotequote all
Sounds like you're getting desperate, don't do anything illegal, it'll only blow up in your face.

I'm more interested in the HPI Text check you did when you bought it - was it via HPI or one of the cheaper ones - HPI offer a guarantee which should cover your loss if they gave you a clean bill of health and it transpires it's not - if the original seller raised finance against it after you bought it I believe you're free and clear - the finance company will argue it of course.

rfoster

1,482 posts

284 months

Thursday 17th October 2013
quotequote all
My initial suggestion would be to go round to the original seller's house and kick his head in. Has no one had any contact with him at all?

Jobbo

13,878 posts

294 months

Thursday 17th October 2013
quotequote all
Lucas7 said:
I did a HPI text check on the vehicle
And this didn't reveal the finance? Check out the terms of their guarantee.

Lucas7

Original Poster:

5 posts

161 months

Thursday 17th October 2013
quotequote all
Hi,

Thanks for the replies. I did the check with mytextcheck which I've been doing for years, turns out that the check doesn't cover finance which obviously I didn't know.

I've tried calling, sending letters, emails etc but no response. I was going to go up there with a few 'friends' but didn't think it right. Got a ccj against him and now the sheriffs office are dealing with it.

True to say that there's nothing else I can do, I guess it's a big and expensive learning curve I have to deal with. God-willing I'll get a result from the bailiffs otherwise i guess I'll wait for the finance company to knock at my door with a court order to take it away.

On another note has anyone ever used the sheriffs office bailiffs?

Regards

btsidi

247 posts

261 months

Thursday 17th October 2013
quotequote all
As a trader, did you not seriously not spend any money on protection over and above a premium sms text?

Are all your other systems and accounts in line?

Eric Mc

125,770 posts

295 months

Thursday 17th October 2013
quotequote all
Sounds like the OP was woefully negligent in carrying out the correct checks.

northandy

3,540 posts

251 months

Thursday 17th October 2013
quotequote all
Lucas7 said:
Hi,

Thanks for the replies. I did the check with mytextcheck which I've been doing for years, turns out that the check doesn't cover finance which obviously I didn't know.

I've tried calling, sending letters, emails etc but no response. I was going to go up there with a few 'friends' but didn't think it right. Got a ccj against him and now the sheriffs office are dealing with it.

True to say that there's nothing else I can do, I guess it's a big and expensive learning curve I have to deal with. God-willing I'll get a result from the bailiffs otherwise i guess I'll wait for the finance company to knock at my door with a court order to take it away.

On another note has anyone ever used the sheriffs office bailiffs?

Regards
I guess your insuring it?, why sit waiting for the finance company to get a court order to seize it?. If the court has already found in their favour wouldn't it be better to just hand it over.