Export a car with outstanding finance

AdrianC

fivetide wrote: »

Yep shame you aren't a US citizen. You can bump someone off in Italy then and not have to worry about it...

Extradition would be available for a serious offence like murder - and, of course, a car theft in the UK would still fall under the EAW, even for a US citizen (although embassies might get a bit more involved).

fivetide

AdrianC wrote: »

Extradition would be available for a serious offence like murder - and, of course, a car theft in the UK would still fall under the EAW, even for a US citizen (although embassies might get a bit more involved).

Off Topic but not always. The US doesn't like to extradite its own citizens. The comment was a reference to the Amanda Knox case as she has essentially got away with murder. The US will not send her back to Italy to do her jail time.

AdrianC

fivetide wrote: »

Off Topic but not always. The US doesn't like to extradite its own citizens. The comment was a reference to the Amanda Knox case as she has essentially got away with murder. The US will not send her back to Italy to do her jail time.

Primarily (AIUI) because of legal questions over double jeopardy, rather than just because she's American. But it's a moot point, because the Italians are unlikely to actually request it. Politically, they'd probably just hand her over, though, since it'd look bad whilst they're trying everything to get Snowden and Assange extradited to the US.

Sidetrack - I was in Perugia the day after she was released. The press scrum was absolutely _hilarious_.

fivetide

I doubt they would. US is very good at rendition flights and getting hold of citizens from other countries but not so good at giving up their own.


Never have been which is quite ironic really.


Anyway, whole different political discussion based on an off the cuff topical comment!

vaio

cootuk wrote: »

Buying in good faith isn't a valid defense in Court...it would mean you don't get prosecuted for handling stolen goods, but the vehicle still isn't yours.
You need to talk to the finance company, but any attempt to take the vehicle away or sell it on could be considered a theft.

How much is owed on the vehicle?

There is legal protection (under CCA) for "innocent buyers" of cars with outstanding finance. It applies if you didn't know or suspect the car had outstanding finance and (I think) only applies if you buy from a dealer, also it only applies to certain types of finance.

Documentation is going to be the key, having a copy of the fake HPI report will likely swing it in your favour

colino

Why would the finance company be trying to take the car from you now, are you late in payments?
You know you are escalating potential civil fraud to theft. Sort out the finance.

simkamen

Thank`s to all of you for a good advices.

colino wrote: »

Why would the finance company be trying to take the car from you now, are you late in payments?
You know you are escalating potential civil fraud to theft. Sort out the finance.

The finance is not on my name.. Like I said - I have bought a car with an outstanding finance ..

Last time I have seen them it was June 2013 - they came few times and tried to take a car but I was not parking on front of my house so they didnt know were the car is. I said to them that If they want a car back then they need to take me in to the court or come with a Police - I havent see them since then.

Thanks

colino

You bought a dripper, though obviously not a very good one if the bounty men haven't bothered coming back for their commission, but you are fully aware it belongs to neither you or the previous keeper.
Get it resolved with the finance company and don't remotely consider taking it abroad.

cootuk

Sounds like the finance company have already handed it over to bailiffs...you need to talk to the finance company.
You may have some legal title, but you need a solicitor to explain the legalese - maybe get 1hr free advice?

http://www.legislation.gov.uk/ukpga/1974/39/schedule/4.


“Part III E+W+S+N.I. TITLE TO MOTOR VEHICLES ON HIRE-PURCHASE OR CONDITIONAL SALE

27 Protection of purchasers of motor vehicles.

(1)This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person.
(2)Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement ”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition.
(3)Where the person to whom the disposition referred to in subsection (1) above is made (the “original purchaser ”) is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (the “first private purchaser ”) is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser.
(4)Where, in a case within subsection (3) above—
(a)the disposition by which the first private purchaser becomes a purchaser of the motor vehicle in good faith without notice of the relevant agreement is itself a bailment or hiring under a hire-purchase agreement, and
(b)the person who is the creditor in relation to that agreement disposes of the vehicle to the first private purchaser, or a person claiming under him, by transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf,
the disposition referred to in paragraph (b) above (whether or not the person to whom it is made is a purchaser in good faith without notice of the relevant agreement) shall as well as the disposition referred to in paragraph (a) above, have effect as mentioned in subsection (3) above.

bigjl

Geodark wrote: »

Hiya, I dont think this is the case at all - unfortunately the car belongs to them so they have every chance of winning if it goes to court. Unfortunately it is their car.

If you buy a car from a bonafide car dealer/business then you automatically have good title.

The debt remains the liability of the dealer that sold the car.

That has been the case for as long as i have been driving. So nearly 27 years.