Bought a car, came out to find it gone, reposessed.
Discussion
Bought car from dealer, HPI clear. Tonight parked in town it was taken by reposession company. Owned by a prestege car company who leased it out, the person leasing sold it to dealer who sold to me and i bought in good faith. What can i do, reposession company refuse to return it and have driven it away. Would apreciate advice please.
Speaking to reposession man it is the company who owns the car, and leased it to another company, that have come after the car. Not on hpi register as not hire purchase, garage has clear hpi which i have seen. As owners they had a spare key so just picked it up. They were reposessing as the (crooked) hiring company defaulted on payments - Then sold it! Dealer has been contacted and rightly worried as buck stops with him, but reposession chap hinting i may have a right to car as innocent purchaser. He cant do anything unless instructed to return it. Original owner company has tracker fitted and hense how they found it 500 miles away. Need to try and find solicitor on a saturday morning. Thanks and any other advice appreciated
Thesprucegoose said:
''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."''
I'm pretty sure the car should be returned to you.
Its leased, not on HP.I'm pretty sure the car should be returned to you.
mcm66 said:
Bought car from dealer, HPI clear. Tonight parked in town it was taken by reposession company. Owned by a prestege car company who leased it out, the person leasing sold it to dealer who sold to me and i bought in good faith. What can i do, reposession company refuse to return it and have driven it away. Would apreciate advice please.
mcm66 said:
Speaking to reposession man it is the company who owns the car, and leased it to another company, that have come after the car. Not on hpi register as not hire purchase, garage has clear hpi which i have seen. As owners they had a spare key so just picked it up. They were reposessing as the (crooked) hiring company defaulted on payments - Then sold it! Dealer has been contacted and rightly worried as buck stops with him, but reposession chap hinting i may have a right to car as innocent purchaser. He cant do anything unless instructed to return it. Original owner company has tracker fitted and hense how they found it 500 miles away. Need to try and find solicitor on a saturday morning. Thanks and any other advice appreciated
Im really struggling here, you’re an M.D. of a company, running some very high end cars and you need advice on here. You’ve also gone from a very well presented writing style to being incapable of spelling simple words. Oh, and after a few years off the forum you reappear and no longer sign off your posts in your previous way. Why didn’t you complete the V5 at point of sale and get the new owners slip?
How did you tax the vehicle without this?
Why do you think an HPI check only covers vehicles on HP?
Why did the selling dealer not smell a rat when they didn’t get hold of the V5?
The owner of the car has no right to have a tracker fitted to a car that they’ve leased out. However, if they have, then they could have repossessed it at any time and it would’ve been very easy to do so with the correct paperwork either from the dealer, or the lessee when they defaulted.
This all smells a bit fishy to me.
OP - if your insurance includes legal expenses insurance they will probably have some sort of hotline that you can call and get advice. I would suggest you want to be taking action to recover your payment from the dealer asap - solicitor's letter requiring payment within 24 hours that sort of thing. Good luck.
Jeez tough crowd sometimes.
Update after hours on phone this morning, car (a Porsche Cayenne turbo) was returned to me by repossession company. I was able to prove ownership with purchase receipt and V5 in my name, along with testimony of dealer. They had driven it 250 miles south, and back again this evening.
Agree whole thing is fishy, previous owner had too many inconsistencies in story to repossession company - car was a sacked directors, then a friend who has been lent it for last 6 months then defaulted on a hire agreement. Goodness knows.
Repossession paperwork had a name (not mine), no address, no contact details other than “via tracker”, no financial info of debt etc. Just letter of authority from previous owner.
In the meantime I have possession of the car and now both keys.
To answer some points:
I am a company director, and yes have had some lovely cars, but never had one repossessed so, somewhat in panic, thought I would ask.
I was using a crappy wee android phone last night as my phone was in car when taken. I can spell.
The dealer had V5 and completed online transfer at point of sale. I by now have V5 in my name, and car was taxed on day of purchase.
Car was clear on all areas of HPI.
Tracker is Porsche tracker (PVTS). I contacted them, but only previous owner or Porsche dealer can cancel contract. He has ‘find your car’ app and using that. I bought car from independent dealer.
Best. (Better
)
John
Update after hours on phone this morning, car (a Porsche Cayenne turbo) was returned to me by repossession company. I was able to prove ownership with purchase receipt and V5 in my name, along with testimony of dealer. They had driven it 250 miles south, and back again this evening.
Agree whole thing is fishy, previous owner had too many inconsistencies in story to repossession company - car was a sacked directors, then a friend who has been lent it for last 6 months then defaulted on a hire agreement. Goodness knows.
Repossession paperwork had a name (not mine), no address, no contact details other than “via tracker”, no financial info of debt etc. Just letter of authority from previous owner.
In the meantime I have possession of the car and now both keys.
To answer some points:
I am a company director, and yes have had some lovely cars, but never had one repossessed so, somewhat in panic, thought I would ask.
I was using a crappy wee android phone last night as my phone was in car when taken. I can spell.
The dealer had V5 and completed online transfer at point of sale. I by now have V5 in my name, and car was taxed on day of purchase.
Car was clear on all areas of HPI.
Tracker is Porsche tracker (PVTS). I contacted them, but only previous owner or Porsche dealer can cancel contract. He has ‘find your car’ app and using that. I bought car from independent dealer.
Best. (Better
)John
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