car repossessed
Discussion
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
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
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!
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!
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...(hint: it's not upstanding citizens)
https://www.pistonheads.com/gassing/topic.asp?h=0&...
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.
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.
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.
Note also that section 27 will not apply if the finance agreement is not a hire purchase agreement.
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."
"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."
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.
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.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff