problems with finance co.

spoon1975

good morning,

In May of this year I purchased a motorbike from a trader. I saw the advert on MCN as a trade advertisement and telephoned him and paid £100 deposit by debit card. 9 days later I had passed my motorbike test and went to pick the bike up. We turned up at the premises, chatted for 3/4 hour about the bike, his new business etc, then went to the office and filled out the paperwork and paid(by mint credit card(with no legal expenses cover)).
We then loaded the bike in the van chatted a bit more and then it suddenly dawned on me to ask if there was any outstanding finance. The chap said there was and it would be "paid on monday". In November I received a letter from a finance co. informing me there was outstanding finance on the bike and asked if i would fill in a 'keepers questionnaire' which I did. I telephoned the finance co. and spoke to someone who asked if I knew about the outstanding finance, which I said "yes" to.6 days later a bailiff turns up to reposses the bike!fortuntely I and the bike were not there and the repossesion did not take place.

withabix

Not sure where you are going with this post...

Have you spoken to the trader? What does he say?

spoon1975

I telephoned the finance co. to ask why and they said it was because I knew about the finance.
I phoned consumer direct and the AA legal team, and under advice wrote them a letter stating they didnt have right to the bike as i was buying in good faith from a trader. Which they rejected and then said that if I paid £1440 the bike would be mine, I asked for this in writing and they said they couldn't issue a statement under data protection. I agreed to pay(but did not).
I recently got a letter from trading standards (having previously speaking to them) saying that because I didnt know about the finance at the time of purchase i am protected under the Hire Purchase Act 1964 as the 'innocent private purchaser' which they are also rejecting because on the 'keepers questionaire' there is a question (quote)-"did you know the vehicle was on hire purchase/lease/the subject of a conditional sale agreement? which i answered "yes, the seller sais he would pay on monday, as asked" (but was not asked and did not inform them when i found out about it)
they still want the bike even tho i have told and wrote to them of this detail that was missed in the 'keepers questionnaire'.
Any ideas where i stand?(sorry for this being so long, wanted all the details there for you.
many thanks

spoon1975

Trader said its a scam, and now he wont return my calls. 300 mile round trip to go see him!!

withabix

He was the one doing the scam.

May be worth contacting the Police in his town, with an allegation of Fraud? That may be your best way forward in terms of getting some action.

Otherwise you need to pay him a visit.


Name and shame him on here.

spoon1975

I've spoken to the police and they had said its a civil matter, and trading standards wont investigate until the case is closed with him!

arcon5

Isn't the finance company the legal owner of the vehicle until the final payment has been made? In which case can take their bike back as you are not covered by the 'innocent private purchaser' aspect of it. You would then need to persue the seller for the full balance paid.
Alternatively, pay the remaining balance under protest then persue the seller for what was paid via the courts.

Atleast thats the way i'm seeing it.

bod1467

I concur. The original finance scheme is the legal owner until that debt is settled.

MeanParent

If I have read the OP correctly, he paid the balance with his credit card co.

The OP should go to the credit card company with a section 75 claim as they are jointly responsible with the bike seller.

The credit card company will probably try to wriggle out of their responsibility but don't let them. They effectively sold you the bike along with the original retailer.

arcon5

MeanParent wrote: »

If I have read the OP correctly, he paid the balance with his credit card co.

The OP should go to the credit card company with a section 75 claim as they are jointly responsible with the bike seller.

The credit card company will probably try to wriggle out of their responsibility but don't let them. They effectively sold you the bike along with the original retailer.

Good point, surprised it hasn't been mentioned before now

spoon1975

thing is people that I want to keep the bike!!