Help! Car was impounded and now the lender has it

Mza123

angrycrow wrote: »

The other situation the finance company would take the car back is if they found the agreement had been set up fraudulently and the op who took out the finance had done so for somebody else who was unable to get finance.

As an example

Person A, disqualified driver with poor credit history gets their friend, person b, to buy the car on finance but gives the car to person A. Person b takes out insurance on the car in their name to stop the aprn cameras flagging the car as uninsured. Person A theoretically gives person b the finance and insurance costs each month.

These cases fall apart when person a stops paying, has an accident or does something stupid and gets pulled over.

If the police stop the car they will spot very quickly that person A has no licence or insurance and impound the car.

If this is what happened here it appears the police tipped the finance company off that the finance was taken out fraudulently and the finance company cancelled the agreement requiring person B to pay the balance immediately.

Hope for op that this is not what they have done. If not op needs to make sure the driver is prosecuted for taking without consent.

This was not the case and the finance company is aware of this because of the crime reference number and police report, but unfortunately with the car being ‘out of my possession’ the circumstance doesn’t matter to them

Mza123

AndyMc..... wrote: »

Who took the car and how?

So what I’ve been told is the police have to legally let the finance company know the car has been impounded obviously for their own security. The same Friday I went into the station (the day after I found out of the cars where abouts) the finance company sent one of their agents a few hours later to collect the car.

If I had got it out before they did I would have avoided this whole breach of contract all together apparently

waamo

You are side stepping the questions which, frankly, sounds evasive.

Mza123

arcon5 wrote: »

Taken by someone without your permission?
Presumably a friend or relative or something?

Taken at a party, by a friend of a friend, I wasn’t in a fit state to drive my car home so took a cab. Unfortunately I left my key and it led to all this

I don’t know him personally hence why I didn’t care if he got prosecuted

Mza123

marlot wrote: »

>> ...my car was recently impounded as it was taken by someone without my permission
Had you reported it stolen?

>>> and they got stopped randomly
Randomly? Or because it was being driven badly? Or linked to you? Or to drugs etc?

>> car was seized as they weren!!!8217;t insured.
Not because it was stolen?

>> my insurance company were being funny as I no longer own a home and forgot to mention this to them
I'm surprised they asked. You're not telling us the whole story?

>> when I got to the station I was told the finance company (blue motion) have collected the car on the Friday.
Were you behind on the payments?

>> They said I had breached my contract as the car wasn!!!8217;t in my possession ...
Sounds like they suspect it was a 'pool car'

>> I!!!8217;m wondering if there is anything I can do about my situation as it seems very unfair
Without knowing the whole story, I can't comment.

Yes I reported it stolen the next morning, I received a call from westbrom police telling me they had my car

They got stopped because of an operation they have in West Midlands called Piranha which cracks down on people on the road driving illegally ie. without a licence or uninsured


The police at the time didn’t know he car was taken without my permission, they found out the next morning.

I’m also surprised they asked about being a home owner, but I’m only 23 hence why the underwriters at directline felt to question it (homeowners receive a discount on premiums)
I have since proved I did infact own a home at the time of taking out my policy, this was done over the weekend and I obviously went back on the Monday after sorting this out to get my car out

Were you behind on the payments?
I’m ahead on payments and have never been late on a payment.

They didn’t mention anything about them suspecting it’s a pool car (because it’s not) only that the car being out of my possession is a breach of contract.

They’ve sent me a letter, when it arrives I’ll post it to further clarify everything I’m saying

There are no hidden details; I’m probably as confused as all you are as to why they would take the car back just because it had been at an impound

AdrianC

The "out of your possession" thing is, I suspect, simply because the car was stolen using your keys. If it had never been returned, or had been written off, then your insurance would politely decline to cover the loss.

The financier are clearly not believing the story.

Put your sceptical hat on. You lend the car to somebody. They get stopped - no insurance. The car gets impounded. You then have a choice - IN14 on your licence, or "It was nicked, honest."

Mza123

waamo wrote: »

You are side stepping the questions which, frankly, sounds evasive.

I’ve literally gone through every reply individually and replied? Lol

Mza123

AdrianC wrote: »

The "out of your possession" thing is, I suspect, simply because the car was stolen using your keys. If it had never been returned, or had been written off, then your insurance would politely decline to cover the loss.

The financier are clearly not believing the story.

Put your sceptical hat on. You lend the car to somebody. They get stopped - no insurance. The car gets impounded. You then have a choice - IN14 on your licence, or "It was nicked, honest."

As far as I’m aware; If I had lost of misplaced my keys and my car was stolen insurance would cover this. The financier has no reason to question my story because it’s backed by a police report.

The person who took my car never admitted to taking it without permission at the time. What I’ve been told is he tried to give someone else’s details as he as on a ban and uninsured, they later took him into the car and bought up a picture of the licence of the person he said he was, they looked nothing alike. They questioned him further, he got taken in for driving without insurance and whilst on a ban. They didn’t know the car was stolen at that time.

Mza123

Anyway, I will later post a scan of the letters I receive.

I do intend to visit a solicitor anyway but wanted to see what free advice I could get and if anyone had dealt with a similar situation.

Any questions, feel free to ask

Manxman_in_exile

Mza123 wrote: »

So basically what happened was my car was recently impounded as it was taken by someone without my permission and they got stopped randomly and car was seized as they weren’t insured.

The next day (Friday) I went to retrieve the vehicle and went to the station with my proof of licence owenership etc but my insurance company were being funny as I no longer own a home and forgot to mention this to them so i was told to come back on Monday after I have proved I did own a home at the time of taking insurance out.

So on Monday I went back with my insurance rectified and when I got to the station I was told the finance company (blue motion) have collected the car on the Friday.

Of course I contacted them and am now being told if I want the car I must clear the settlement, or it will be auctioned off and I’d have to foot the difference.

They said I had breached my contract as the car wasn’t in my possession the moment it went into the compound (even though this wasn’t my fault)

I even asked him if I went on holiday would I have to take the car with me for it to stay in my possession and he replied yes.

I’m not in a position to foot the bill for the whole car or even pay the difference if it were to be auctioned off (depending of course how much it sold for)

I’m wondering if there is anything I can do about my situation as it seems very unfair

Out of curiosity, how does this work? When you turn up at the police station with your insurance documents etc., do they then contact the insurer and discover some sort of discrepancy with addresses that the OP had not notified them about? I mean how does the insurer find out that the OP is "no longer a home owner"? (Or presumably had changed address).