Car Docs Issue

jronald

Hi there,

I am based in Scotland. I purchased a car from autotrader. Met with the gentleman at what I thought, and he advised was his business address. The car had a engine problem and the engine was needing replaced so therefore the car was for sale for £12K as opposed to the approx book price of approx £25k.

The gentleman was very smartly dressed but had accidently left the vehicle docs at home. He gave me his home address, I had his business address and had both a business, mobile, and home telephone number for him. I gave him the money as I had the car and did not think of any issue if I didn't have the docs there was my big mistake. After leaving the gentleman long story cut short I spoke to him for about a month afterwards and he promised to meet me but now I have been unable to get him. The problem as well in since then I have had the car on the road as I bought a new engine for the vehicle. I subsequently have found out that the car was actually on a lease purchase deal (friend owns a garage did a check on the vehicle), which I have been told is different from lease finance in a court of law (can anyone advise differently!!). Basically, as I do not have any ownership docs I will not be able to put road tax!!

You are probably thinking why am I not contacting the company that the lease was with? Basically, because I do not want to loose both the £12K and the car and the engine I put in the car. Basically, dont really know what to do. The gentleman I bought the car from gave me a receipt for the purchase and I have proof that it was for sale in autotrader and supposedly in Scotland, if not the full of the UK, there is something called "Buyer beware". Can anyone let me know what they think I should do? The moral thing to do is give the car back, and try and find the man who I gave the money to but we all know what these fraudsters are like! Basically could not afford to keep paying the loan for the £12k, get another loan to get another car, or if i didn't I would lose my job as I could'nt get to work!! I beleive I should have some legal right to the vehicle especially as I have made the car worth alot more, as now road worthy, than what it should have been!

I look forward to your help and how I can progress an honest, hard working guy looking for some help!!:mad::mad::mad:

hartcjhart

replace the knackered engine then call the lease company

terryya

I'm not 100% but if the lease company still have a claim on it they will be well within their rights to claim it back.

I know hindsight is always 20/20 but you need to be doing checks before you buy, and if something is too good to be true then it usually is!

darich

Spending any reasonable amount of money on a private sale should never be completed without a fwe checks first.
HPi to confirm no finance/write off/plate changes etc
Docs must be checked prior to hand over money to ensure chassis number matches all paperwork
Test drive to make the sure the car "feels" ok.

Presumably the first two weren't done and if the engine was goosed you couldn't do the 3rd.

Personally, I'd have walked if no docs were available even if the HPi was clear.

I just bought privately (less than a week ago) and double checked all the above docs and finance.

Anihilator

So why exactly did you think someone was selling a 25k car for less than half of that? A new engine doesnt cost 13k!

standupguy

The difference in this case between lease and lease purchase means that if the car was on a lease, title (ownership) can never pass and remains with the lease company meaning that if your seller does not pay they will come looking for the car (after doing a dvla check to see where it is) and they can legally repossess.

Lease purchase, on the other hand, is just a form of hire purchase and if you were unaware at time of purchase that there was outstanding finance then under the consumer credit act you are considered an "innocent purchaser" and as such obtained good title at time of sale. In this case if the company come looking for the car tell them the circumstances and that you are regarded as an "innocent purchaser" and therefore title to the vehicle is now with you.

The fact that they have not contacted you is either because the original lessee is still paying the lease or else if he has defaulted they have not yet traced the car to you.

I thought you could get a new replacement V5 from dvla if you are the new keeper?

mluton

Buying a car without the log book and no HPI check.

This seller knew what he was doing. He now has 12K in his back pocket.

I would think the lease company will report the car stolen and the police will recover it for them.

I'm sorry you could end up loosing your money, but live and learn.

Chippy_Minton_2

mluton wrote: »

I would think the lease company will report the car stolen and the police will recover it for them.

I'm sorry you could end up loosing your money, but live and learn.

That's almost a cert.

darich

Anihilator wrote: »

So why exactly did you think someone was selling a 25k car for less than half of that? A new engine doesnt cost 13k!

Correction.
MANY engines don't cost £13k
A typical example of a car at 25k - 2006/2007 BMW X5 4.8.
Typical engine cost??....around £20k

The op doesn't say what type of car or how old it is so it's not possible to state "a new engine doesn't cost 13k".

Many people also have no clue as to how much an engine costs so it's not fair to be critical.

PS since the OP didn't state the car or age, then you don't know how much the engine costs either...putting you in the same position as the OP.....but without the aggro of losing money!

flutterbyuk25

You can apply for a registration certificate (logbook) for the car using form V62. It will cost £25, take up to 6weeks to process and DVLA will right to the current keeper on record (if there is one) to inform them that someone else is applying to become the keeper. If it passes this security check then you will get a logbook, however this merely shows you as the keeper NOT the legal owner, so if the lease company diputes ownership in future the logbook will not help you.

HTH

x

vaio

standupguy wrote: »

The difference in this case between lease and lease purchase means that if the car was on a lease, title (ownership) can never pass and remains with the lease company meaning that if your seller does not pay they will come looking for the car (after doing a dvla check to see where it is) and they can legally repossess.

Lease purchase, on the other hand, is just a form of hire purchase and if you were unaware at time of purchase that there was outstanding finance then under the consumer credit act you are considered an "innocent purchaser" and as such obtained good title at time of sale. In this case if the company come looking for the car tell them the circumstances and that you are regarded as an "innocent purchaser" and therefore title to the vehicle is now with you.

The fact that they have not contacted you is either because the original lessee is still paying the lease or else if he has defaulted they have not yet traced the car to you.

I thought you could get a new replacement V5 from dvla if you are the new keeper?

The innocent buyer getting good title to cars on undisclosed hire purchase only works if bought in good faith [STRIKE]AND the seller is a motor trader.

OP, is the seller a motor trader? (and more importantly, can you prove it?)[/STRIKE]

ETA I was wrong, good title is obtained even if the seller is private