didnt know car was on finance

julies59

even though we have argued the point with billing we are the innocent purchaser the problem is they wont remove the security marker so we cant sell the car,also if we have an accident they may pay out to billing not us,even if billing accepted we were the innocent purchaser they wont take the marker off till the finance has been settled.
We have been fighting with them for over 9 months now,the car has ran out of tax and mot.
So we feel we have no choice but to strip the car of the parts we bought,billing have agreed to this and we told them we would return the car in the condition it was bought which was a non runner.
As the car was bought as a non runner the finance company cannot claim it back till we remove the parts we purchased.
If we went to the fos it could take months to settle.

vaio

frothey wrote: »

if it was that easy, what's to stop me selling my car to a friend for a couple of quid, I stop paying the finance company for it, and then buying it back off him when he's got the title as an "innocent purchaser"?

nothing to stop you trying it but the question then becomes is your mate.......

a. an innocent buyer who's entitled to the protection of the CCA and therefore acquires good title

or

b. Your co-conspirator in an attempt to defraud the finance company.

The finance company would ask the question and ultimately a judge would answer it.

Actually, add another option c. stupid, because even if the car selling and selling back did work it wouldn't absolve you from the responsibility to pay the finance and if you didn't the finance company could presumably obtain CCJ and send the bailiffs in to remove assets in satisfaction including I guess your recently acquired good title car along with anything else of value you own

vaio

julies59 wrote: »

even though we have argued the point with billing we are the innocent purchaser the problem is they wont remove the security marker so we cant sell the car,also if we have an accident they may pay out to billing not us,even if billing accepted we were the innocent purchaser they wont take the marker off till the finance has been settled.
We have been fighting with them for over 9 months now,the car has ran out of tax and mot.
So we feel we have no choice but to strip the car of the parts we bought,billing have agreed to this and we told them we would return the car in the condition it was bought which was a non runner.
As the car was bought as a non runner the finance company cannot claim it back till we remove the parts we purchased!!!8230;!!!8230;.

Don't want to be rude but something is not right with your story. Ignoring the HPI marker for now, the reason Billing have not repossessed already is not altruistic, it's because of the innocent buyer rules.

As Billing accepts you are an innocent purchaser then you have good title so Billing have no rights over the car whatsoever and it's yours to dispose of as you see fit, even dismantling and weighing the rest in for scrap.

julies59 wrote: »

!!!8230;!!!8230;..If we went to the fos it could take months to settle.

True, but if you'd followed the advice first given in post #5 you'd be 4 months into the process and if your story is true I'd bet good money that Billing would have rolled over and given up.

Billing are fighting over a scrap car, they'll happily take it if you offer it for free, introduce a downside (formal complaint, court costs or FOS referral fee) and then see how interested they are.

julies59

i have spoken to fos today and they said because it wasnt a financial arrangement with the car but a straight swap they cant help me.
They said to take legal advice but i have done that already.
Billing wont accept that we are of good title as again no money had changed hands and we did a straight swap.
They are still refusing to take the marker off the car so we cant sell it.
They are refusing to back down i have told them i will take them to court to remove the marker but they are not interested.
We are left to strip the car of our parts and return it as we got it.

sarahg1969

I really don't understand why you are returning it, after all the advice you've had. Why don't you just keep it and use it; then hand it back to Billing, if you can't sell it, when it's at the end of its life?