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bought car with outstanding finance

edited 30 November -1 at 1:00AM in Consumer Rights
51 replies 4.2K views
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  • sofroniasofronia Forumite
    28 posts
    yes we have wrote many emails attaching all of our evidence before i started this thread, the finanace company keep rejecting our proof
  • sofroniasofronia Forumite
    28 posts
    as citizen advice and some advice from the thread ealier, from the moment the finance company said they will now pass to their solicitor, we let it aside and wait for their Letter Before Action or Court Order, we received nothing apart from our outdoor camera notifications for motion detected, and an email informing us they have exercised their rights as owner to take posession of the vehicle 20mins after they used a master key to get in and hack into the computer to drive away with all my personal belongings are still in the car. if they were the legal owner, why dont they show us court order and knock the door and ask us to remove our belongings and hand over the keys.
  • BoGoFBoGoF Forumite
    6.3K posts
    Part of the Furniture 1,000 Posts
    ✭✭✭✭
    What is the make, age and mileage of the car was it and how much did you pay for it.

    You said they 'rejected' your e-mail evidence - what did their e-mails say?
  • sofroniasofronia Forumite
    28 posts
    it is a 2012 peugeot 5008 advertised as 75k miles in end of jan when i purchased it, and i paid 3k, and we search on AA that the current market value is 2000. they replied and said we mark down the valuation value by declaring it as in bad condition so our proof is not relevant.
  • sofroniasofronia Forumite
    28 posts
    just an update, the finance company just knocked our door returning our belongings, we have a chat with him and found out he didnt have any court order for sure as he said he does take away car like this everyday as living, if we are not happy we can either call police to see if they will take action, or bring this to court.

    we just called insurance company, they also said it is definitely a theft, if they need to reposess the car, do it in the right way, but not going in my private land and hack into the car then drove it away.
  • sofroniasofronia Forumite
    28 posts
    oh also, the finance company has just advised theie client is the one whom we bought the car from, and it is under hire purchase
  • sofronia wrote: »
    just an update, the finance company just knocked our door returning our belongings, we have a chat with him and found out he didnt have any court order for sure as he said he does take away car like this everyday as living, if we are not happy we can either call police to see if they will take action, or bring this to court.

    we just called insurance company, they also said it is definitely a theft, if they need to reposess the car, do it in the right way, but not going in my private land and hack into the car then drove it away.

    A bit late now since they've already do it but I think you'll find they would have done the same if they had a court order or else parking it on your drive would mean they couldn't repossess it.
  • sofroniasofronia Forumite
    28 posts
    if the court has judged that the car belong to them then of course they could take it away. but the fact is they just came and took away the car by saying they "believe" they own the car so they just hack it and drove away, without any court order, this is totally insane.
  • There's no doubt they haven't acted correctly but they now have possession of your car which will probably be sold to recover their money. I think you need to speak to a solicitor.
  • oddjobbpboddjobbpb Forumite
    76 posts
    @ TW1234

    You said
    'You do not acquire good title to a purchased item if the so called vendor did not have good title. Therefore the nature & content of the finance agreement is crucial to determine whether the vendor was able to sell it.

    If they did not, then the purchaser has sadly been defrauded and may have little prospect of recovering their money.'

    Wrong.

    Google is your friend, try it.

    I have sold 5000 cars in my life, if an 'innocent purchaser' buys a car unknowingly on HP they will get good title to the car.

    Does NOT apply to dealers that buy cars (cannot be 'unknowing') or log book loans.
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