Car repo after i sold on !!! help please

mandragora_2

Didn't the chap who went through small claims court following his sale of a caravan on ebay find himself the wrong end of the proceedings because the law applied to him as much as a 'business' seller, and the final ruling was that his van had been mis-sold and that fairly hefty compensation was due to the purchaser. It mattered not a jot that he was a 'private' seller, which was certainly a shock to me.

I am sorry to say this, but I wouldn't be surprised if you don't end up having to re-imburse your purchaser and then have to find/pursue the person who sold the vehicle to you in the first place, before you're through with this one. I have no knowledge of the law in any detail, but that's my gut feeling, for what it's worth. Sorry.

Tozer

Woody01 - I guess the fact that you have scuttled off to give "advice" elsewhere can be taken as an apology. All the best. Arm yourself with knowledge before criticising next time.

MORPH3US

crystal_clear wrote: »

had take a loan out in september last year for £1,000 now with outstanding balance its £7,000 plus

Wowser, that's one expensive loan :eek:

olly300

JCS1 wrote: »

if it is logbook loans (Typical APR 437.4% :eek::eek:) then they transfer ownership via a deed of sale, so I'm guessing it might not have shown on a HPI check anyway?

According to what I saw on TV a few weeks ago it should do.

crystal_clear

JCS1 wrote: »

if it is logbook loans (Typical APR 437.4% :eek::eek:) then they transfer ownership via a deed of sale, so I'm guessing it might not have shown on a HPI check anyway?

I have no idea who the loan was with i am only assuming it was aquired on a log book loan as the info I got from the person I sold the car to (they got there info from the company repo'ing the car at time) The loan was taken for £1,000 in Sept 08 they made 3x £30 payments then stopped. I bought car in Jan 09 and on the 16th Jan 09 the repo company had been outside my house watching the car trying to get it back ( I knew nothing of this. They never came to my house or made any attempt to contact me).
This to me sounds really strange unless the payments were weekly at £30 and they missed something like 10-12 payments. It still seems wrong that they can repo a car without any prior contact with me or the person i later sold on to. Also giving such a short space of time for the original person (if it was the 1st ever owner that took the loan) to default and them get a repo order.

I really dont understand all this and am worried sick as the person i sold to who lost the car to repo company says "they spoke with there solicitor and now they have to take me to small claims court ".

I gave them a receipt of sale at time saying sold as seen tried and tested with no warranty offered. they signed and I signed it.
Will that not exclude me from any court action if they produce the receipt?. I had one also for records but i am not sure if i still have now as it was some months back.

crystal clear

Tozer

crystal_clear wrote: »

I gave them a receipt of sale at time saying sold as seen tried and tested with no warranty offered. they signed and I signed it.
Will that not exclude me from any court action if they produce the receipt?. I had one also for records but i am not sure if i still have now as it was some months back.

crystal clear

No it won't as the implied warranty as to title cannot be excluded.

You need to demonstrate that you bought the car free of any other interest (i.e. the loan). In that way, you are fine insofar as your dealings with your buyer.

You need advice - as mentioned earlier - to be able to show than an exception to the nemo dat rule applies and that you had good title to the car and so were able to pass it on.