Car's previous owner had finance owing! Repo imminent!
Discussion
Hello. Newbie here.
Have had a look through, and can't find a similar thread, so am hoping someone can tell me what the score is with my car.
I bought it nearly a year ago, and have been driving it merrily until a few days ago when a repo guy came along wanting to take it away. He said a previous owner had HP still owing on it!
Unfortunately i paid cash for it, and can't find the receipt.
What happens now?
Why should I have to suffer for some miserable so-and-so's dishonesty? I have never owed money in my life - will this affect my credit rating?
Any help would be gratefuuly received.
Have had a look through, and can't find a similar thread, so am hoping someone can tell me what the score is with my car.
I bought it nearly a year ago, and have been driving it merrily until a few days ago when a repo guy came along wanting to take it away. He said a previous owner had HP still owing on it!
Unfortunately i paid cash for it, and can't find the receipt.
What happens now?
Why should I have to suffer for some miserable so-and-so's dishonesty? I have never owed money in my life - will this affect my credit rating?
Any help would be gratefuuly received.
Oh god help you. Especially if you are cute.
You bought something which the seller didn't own. Google for the "nemo dat" rule and read this.
http://en.wikipedia.org/wiki/Nemo_dat_quod_non_hab...
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer and where the HELL is the receipt - you're not doing yourself any favour by losing that poppet.
WOMEN!!!!
You bought something which the seller didn't own. Google for the "nemo dat" rule and read this.
http://en.wikipedia.org/wiki/Nemo_dat_quod_non_hab...
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer and where the HELL is the receipt - you're not doing yourself any favour by losing that poppet.
WOMEN!!!!
Edited by Soovy on Tuesday 8th June 20:45
Vauxhall Girl said:
no, I didn't get an HP check. 
I thought I would be safe on an 8 year old car of not too greater value.
-faint- I thought I would be safe on an 8 year old car of not too greater value.Edited by Vauxhall Girl on Tuesday 8th June 20:44
-thud-
If you bought a handbag for 500 quid, you'd check it wasn't stolen, right?
You MIGHT be ok but FIND THAT RECEIPT!!!!!!!!!!!!
Edited by Soovy on Tuesday 8th June 20:47
Soovy said:
Oh dear oh dear.
You bought something which the seller didn't own.
Google for the "nemo dat" rule.
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer?
Where the HELL is the receipt?
Soovy, usually i am good with items I buy from shops, but once you have car for a month or two its hard luck in my view if the car starts to go wrong. So am not so careful. Will look up that "nemo dat" thing now.....
WOMEN!!!!
Usually I am good with receipts, but in my view once you have owned an old secondhand car for a couple of months, its hard luck if it breaks down. You bought something which the seller didn't own.
Google for the "nemo dat" rule.
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer?
Where the HELL is the receipt?
Soovy, usually i am good with items I buy from shops, but once you have car for a month or two its hard luck in my view if the car starts to go wrong. So am not so careful. Will look up that "nemo dat" thing now.....
WOMEN!!!!
Edited by Soovy on Tuesday 8th June 20:43
Edited by Vauxhall Girl on Tuesday 8th June 20:50
I did something similar with a bike. I bought it off someone I knew so I didn't HPI and it was "only" 1K. When I went to sell it back to the dealer it had originally been bought from it turned out the guy I'd bought it off had bought it from someone who had bought it on finance and never made a single payment.
So I did some research and you should be OK and be in a position to tell the repo people to get knotted. If you are a private buyer (different rules for the trade, hence my dealer doing the HPI) and you buy the item in "good faith" - i.e. you've no reason to believe there is outstanding finance, then you have "good title" to the item and it can't be repossessed. Do some googling around the consumer credit act etc and you should have enough ammo to make them realise you're in the know and you can't be intimidated into handing over something you don't have to.
So I did some research and you should be OK and be in a position to tell the repo people to get knotted. If you are a private buyer (different rules for the trade, hence my dealer doing the HPI) and you buy the item in "good faith" - i.e. you've no reason to believe there is outstanding finance, then you have "good title" to the item and it can't be repossessed. Do some googling around the consumer credit act etc and you should have enough ammo to make them realise you're in the know and you can't be intimidated into handing over something you don't have to.
Private putchase i presume, not from a dealer?
If from a dealer you will be OK I think. If private, I suggest you track the seller down and see if he has a copy of the receipt.
Also, if private purchase did you pay proper and fair value for it? What car is it, age, miles etc, and how much did you pay? If it was worth £3k and you gave £500 for it, well what do you expect now? If you paid market price, though, it will work in your favour.
Was the seller known to you in any way??
If from a dealer you will be OK I think. If private, I suggest you track the seller down and see if he has a copy of the receipt.
Also, if private purchase did you pay proper and fair value for it? What car is it, age, miles etc, and how much did you pay? If it was worth £3k and you gave £500 for it, well what do you expect now? If you paid market price, though, it will work in your favour.
Was the seller known to you in any way??
s3fella said:
Private putchase i presume, not from a dealer?
If from a dealer you will be OK I think. If private, I suggest you track the seller down and see if he has a copy of the receipt.
Also, if private purchase did you pay proper and fair value for it? What car is it, age, miles etc, and how much did you pay? If it was worth £3k and you gave £500 for it, well what do you expect now? If you paid market price, though, it will work in your favour.
Was the seller known to you in any way??
Well i thought he was a private seller... he told me he owned the car for 4 years... and the Network Q paperwork with it said it was finance free in 2004, when it was 2 years old... so i thought it was ok. Turns out he only owned it for 9 months. When i phoned him the other day, he couldn't even remember the car, and said he "sells lots of cars". He wasn't willing to help me on the receipt front. So I am not sure if private or trade.If from a dealer you will be OK I think. If private, I suggest you track the seller down and see if he has a copy of the receipt.
Also, if private purchase did you pay proper and fair value for it? What car is it, age, miles etc, and how much did you pay? If it was worth £3k and you gave £500 for it, well what do you expect now? If you paid market price, though, it will work in your favour.
Was the seller known to you in any way??
It is a 2002 Frontera, paid £1600 for it. But it has 115000 miles on the clock, and has a few probs. Is that a fair price???
FamilyGuy said:
I did something similar with a bike. I bought it off someone I knew so I didn't HPI and it was "only" 1K. When I went to sell it back to the dealer it had originally been bought from it turned out the guy I'd bought it off had bought it from someone who had bought it on finance and never made a single payment.
So I did some research and you should be OK and be in a position to tell the repo people to get knotted. If you are a private buyer (different rules for the trade, hence my dealer doing the HPI) and you buy the item in "good faith" - i.e. you've no reason to believe there is outstanding finance, then you have "good title" to the item and it can't be repossessed. Do some googling around the consumer credit act etc and you should have enough ammo to make them realise you're in the know and you can't be intimidated into handing over something you don't have to.
Thanks FamilyGuy. That sounds hopeful. So I did some research and you should be OK and be in a position to tell the repo people to get knotted. If you are a private buyer (different rules for the trade, hence my dealer doing the HPI) and you buy the item in "good faith" - i.e. you've no reason to believe there is outstanding finance, then you have "good title" to the item and it can't be repossessed. Do some googling around the consumer credit act etc and you should have enough ammo to make them realise you're in the know and you can't be intimidated into handing over something you don't have to.
Soovy said:
Oh god help you. Especially if you are cute.
You bought something which the seller didn't own. Google for the "nemo dat" rule and read this.
http://en.wikipedia.org/wiki/Nemo_dat_quod_non_hab...
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer and where the HELL is the receipt - you're not doing yourself any favour by losing that poppet.
WOMEN!!!!
Not all of us please, I have my cars HPI checked and keep ALL paperwork relating to my cars for several years, even after I no longer have the cars.You bought something which the seller didn't own. Google for the "nemo dat" rule and read this.
http://en.wikipedia.org/wiki/Nemo_dat_quod_non_hab...
Speak to a solicitor quick. If you paid for the car in good faith and can show you did, you might be OK, but you need some proper advice quick. Did you buy from a dealer and where the HELL is the receipt - you're not doing yourself any favour by losing that poppet.
WOMEN!!!!
Edited by Soovy on Tuesday 8th June 20:45
FamilyGuy said:
So I did some research and you should be OK and be in a position to tell the repo people to get knotted. If you are a private buyer (different rules for the trade, hence my dealer doing the HPI) and you buy the item in "good faith" - i.e. you've no reason to believe there is outstanding finance, then you have "good title" to the item and it can't be repossessed. Do some googling around the consumer credit act etc and you should have enough ammo to make them realise you're in the know and you can't be intimidated into handing over something you don't have to.
is this really true? I always thought you were f
ked if you didn't HPI but your use of jargon does seem to make sense. Very interesting and soothing if correct.I'd hold fire on the solicitor until things get legal, otherwise you're just going to rack up fees for which you're almost certainly liable.
Let the reposession people know that you know your rights and will go legal - they are not in a position to legally repossess the car and tell them you will not be handing over the keys. If you think they may have a duplicate or use force then apply a decent secondary security device like a disclock. Once they've discovered you won't cave in easily they'll move on to softer targets.
I contacted the finance company in my case and asked them to remove the HPI record so I could sell it to the trade - it was worth a try They didn't but also gently tried the line of it's ours, hand it over. When I quoted the relevant bits of law to them they backed off immediately and they've never contacted me since despite knowing my contact details and that the bike is here.
Let the reposession people know that you know your rights and will go legal - they are not in a position to legally repossess the car and tell them you will not be handing over the keys. If you think they may have a duplicate or use force then apply a decent secondary security device like a disclock. Once they've discovered you won't cave in easily they'll move on to softer targets.
I contacted the finance company in my case and asked them to remove the HPI record so I could sell it to the trade - it was worth a try
They didn't but also gently tried the line of it's ours, hand it over. When I quoted the relevant bits of law to them they backed off immediately and they've never contacted me since despite knowing my contact details and that the bike is here.A quick Google found this extract on another site:
"The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement."
Although other hits said that there were also reasons that a lease or hire agreement wasn't always a dead end either.
"The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement."
Although other hits said that there were also reasons that a lease or hire agreement wasn't always a dead end either.
Gassing Station | General Gassing [Archive] | Top of Page | What's New | My Stuff