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URGENT help... car repossed for unpaid finance

Luc1
Luc1 Posts: 29 Forumite
edited 24 September 2009 at 11:31AM in Motoring
Hi, I would be grateful for any advice anyone can give to the following...

In a nut shell...I had a phone call this morning from a friend of mine who said that at 7am two men (working on behalf of a finance company) knocked on his door and repossed his car due to outstanding finance from the previous owner...

Bit of background history...

Friend bought the car in April this year from a private seller (Miss A). He asked Miss A if she had any outstanding finance on this vehicle, Miss A said the fiance was paid on 6wks ago - So he phoned the finance company and was told that the finance had been cleared in full by credit card by Miss A's boyfriend Mr B a month prior.

All good he thought and went ahead and bought the car with cash, only getting a hand written receipt off Miss A.

Now it turns out that about 2 weeks after my friend paid for the car Mr B phoned his credit card company and said he did not recognise the payment and said it was fraud...

Credit card company takes X amount back from finance company and finance company fiinally track down my friend via the log book and take the car back.

So now my friend is without a car and out of pocket as he paid for it with cash.

What can he do?

Thanks
«1

Comments

  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    i would think you will unfortunatly be going down the legal route with the previous owner
    its possible they could broker a deal with the finance company but of course its more money
  • lorweld
    lorweld Posts: 5,489 Forumite
    1,000 Posts Combo Breaker I've been Money Tipped!
    MOVING THREADS FOR BETTER RESPONSES

    Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]!!!!!![/EMAIL]
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  • Luc1
    Luc1 Posts: 29 Forumite
    Pls can you direct me to the board where this thread will be. Many thanks
  • lorweld
    lorweld Posts: 5,489 Forumite
    1,000 Posts Combo Breaker I've been Money Tipped!
    Hiya Luc1 :hello:

    Welcome to Mse

    Your thread has being moved to the Motoring, Public Transport & Cycling

    board. :)
    :hello:
  • I know its not much help now but i don't think they had any right to reposses the car.

    This squabble should be between the finance company and the old owners credit card company.

    I don't suppose your friend got a written confirmation from the finance company that they had no further interest in vehicle at the time of purchase?

    I'd suggest a trip down to CAB.
  • Luc1
    Luc1 Posts: 29 Forumite
    Unfortunatley it wasn't her credit card used, the finance company said it was her boyfriends. Balance was settled on 21st March (car purchased 27th April) 8th May the card was contested.....

    Previous owner is no longer at old address....and the finance company have not been able to make contact. Finance Company then instruct bailiffs to collect car from the log book owner.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Think he needs legal advice.

    Is it worth reporting the car stolen I wonder?
  • Mmm. difficult this one. I am not sure of the legalities, but I would have thought from a moral perspective the finance company said the car was clear, therefore giving your friend the green light to buy it.

    I would try speaking with the finance company and expalining that they said it was clear, and on that basis you bought it. If they know the full story as above they may be a bit more "understanding"
  • Luc1
    Luc1 Posts: 29 Forumite
    he's spoken to the finance company, not very willing to communicate. He doesnt think they will co-operate now that the car.
  • It needs reporting to the police. It falls foul of the Fraud Act in several places.
    Starting Debt: ~£20,000 01/01/2009. DFD: 20/11/2009 :j
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