Sold a car but it had finance.

iwb100

Herzlos said:

A trader bought a car, didn't ask if there was any finance and didn't do an HPI? That doesn't bode well, and could make it a bit messy. Legally, you weren't able to sell the car to him, but he should also have done some due diligence on the purchase. He'd more likely win in a claim but I'm not sure he'd be able to do more than get you to buy the car back for what he paid.

Your best option is probably to clear the finance so that he can own and sell the car. How much is outstanding? Can you get some alternative funding (like a bank loan) to clear it?

There is no onus on the buyer here a court will find in their favour. For the price of the car only I suspect. But still.

wmguk

I don’t mind giving him the £600 he paid us - if he wants to remove the working engine and refit the old one then that’s also ok but I’m assuming he will won’t be able to remove the engine and not refit one as it was sold with an engine etc. 

I’ve asked him to show me his receipts to prove how much he is out of pocket but he’s refused so far - I’m guessing he will have to show them to the court too if he wants the whole £2700 paid back to him. 

He only has my aunts address not mine as the car was stored at my aunts so he has said he will sue me using that address - but I don’t live there and I didn’t sell the car, so I’m guessing he will struggle in court suing the wrong person at the wrong address and I have proof I’ve told him I don’t live there. 

He agreed to accept a different car and £500 in cash but then went back on his agreement so I think that also goes in our favour as we tried to resolve it but then he decided he wanted £2700 in cash…. 

I guess we just have to wait to see if we get any paperwork. 

iwb100

wmguk said:

I don’t mind giving him the £600 he paid us - if he wants to remove the working engine and refit the old one then that’s also ok but I’m assuming he will won’t be able to remove the engine and not refit one as it was sold with an engine etc. 

I’ve asked him to show me his receipts to prove how much he is out of pocket but he’s refused so far - I’m guessing he will have to show them to the court too if he wants the whole £2700 paid back to him. 

He only has my aunts address not mine as the car was stored at my aunts so he has said he will sue me using that address - but I don’t live there and I didn’t sell the car, so I’m guessing he will struggle in court suing the wrong person at the wrong address and I have proof I’ve told him I don’t live there. 

He agreed to accept a different car and £500 in cash but then went back on his agreement so I think that also goes in our favour as we tried to resolve it but then he decided he wanted £2700 in cash…. 

I guess we just have to wait to see if we get any paperwork. 

Something about this isn’t adding up. Your wife was bought a car by her mum. Your wife didn’t know her mum was paying for it on HP finance.

You and your wife had problems with the car so decided to sell it. You sold it into a dealer not knowing that it had finance on it your mum was paying. Dealer did work on it then found out about the finance and wants the money he paid for it back plus the work he’s done on it.

Up to there it makes sense. But now we add in that your aunt sold the car…using her address and you’ve offered the dealer a different car and cash..,I mean what?

A court will almost certainly find in his favour for the £600 and quite possibly for the rest. If he can receipt it and if they determine it was reasonable work for him to have done though if he is a dealer they may conclude that the costs are overinflated.

However, something in your story doesn’t add up to me. Are you a car dealer?

Clive_Woody

wmguk said:

I don’t mind giving him the £600 he paid us - if he wants to remove the working engine and refit the old one then that’s also ok but I’m assuming he will won’t be able to remove the engine and not refit one as it was sold with an engine etc. 

I’ve asked him to show me his receipts to prove how much he is out of pocket but he’s refused so far - I’m guessing he will have to show them to the court too if he wants the whole £2700 paid back to him. 

He only has my aunts address not mine as the car was stored at my aunts so he has said he will sue me using that address - but I don’t live there and I didn’t sell the car, so I’m guessing he will struggle in court suing the wrong person at the wrong address and I have proof I’ve told him I don’t live there. 

He agreed to accept a different car and £500 in cash but then went back on his agreement so I think that also goes in our favour as we tried to resolve it but then he decided he wanted £2700 in cash…. 

I guess we just have to wait to see if we get any paperwork. 

Accepted a different car! Are you a car dealer? 

wmguk

iwb100 said:

wmguk said:

I don’t mind giving him the £600 he paid us - if he wants to remove the working engine and refit the old one then that’s also ok but I’m assuming he will won’t be able to remove the engine and not refit one as it was sold with an engine etc. 

I’ve asked him to show me his receipts to prove how much he is out of pocket but he’s refused so far - I’m guessing he will have to show them to the court too if he wants the whole £2700 paid back to him. 

He only has my aunts address not mine as the car was stored at my aunts so he has said he will sue me using that address - but I don’t live there and I didn’t sell the car, so I’m guessing he will struggle in court suing the wrong person at the wrong address and I have proof I’ve told him I don’t live there. 

He agreed to accept a different car and £500 in cash but then went back on his agreement so I think that also goes in our favour as we tried to resolve it but then he decided he wanted £2700 in cash…. 

I guess we just have to wait to see if we get any paperwork. 

Something about this isn’t adding up. Your wife was bought a car by her mum. Your wife didn’t know her mum was paying for it on HP finance.

You and your wife had problems with the car so decided to sell it. You sold it into a dealer not knowing that it had finance on it your mum was paying. Dealer did work on it then found out about the finance and wants the money he paid for it back plus the work he’s done on it.

Up to there it makes sense. But now we add in that your aunt sold the car…using her address and you’ve offered the dealer a different car and cash..,I mean what?

A court will almost certainly find in his favour for the £600 and quite possibly for the rest. If he can receipt it and if they determine it was reasonable work for him to have done though if he is a dealer they may conclude that the costs are overinflated.

However, something in your story doesn’t add up to me. Are you a car dealer?

If you read my reply again I said the car was stored at my aunts, not that my aunt sold the car…. I’m saying he doesn’t have my home address so he’s going to use my aunts address to sue me, which isn’t where I live. 

I’m not a dealer at all, the corsa broke down and needed an engine. We rushed to buy a replacement car, my partner didn’t like the replacement car, so bought a much older C1 for her to drive and we had planned on selling the second car - he contacted us and I suggested giving him the second car and £500 in cash. He accepted but then decided he wanted £2700 and not the car/cash deal…

so we are currently looking to sell the replacement car still now that he doesn’t want it. 

I’ve asked him to prove his out of pocket expenses to justify the £2700 he wants but he is refusing so I’ll let a judge look at it and decide what’s fair. 

iwb100

wmguk said:

iwb100 said:

wmguk said:

I don’t mind giving him the £600 he paid us - if he wants to remove the working engine and refit the old one then that’s also ok but I’m assuming he will won’t be able to remove the engine and not refit one as it was sold with an engine etc. 

I’ve asked him to show me his receipts to prove how much he is out of pocket but he’s refused so far - I’m guessing he will have to show them to the court too if he wants the whole £2700 paid back to him. 

He only has my aunts address not mine as the car was stored at my aunts so he has said he will sue me using that address - but I don’t live there and I didn’t sell the car, so I’m guessing he will struggle in court suing the wrong person at the wrong address and I have proof I’ve told him I don’t live there. 

He agreed to accept a different car and £500 in cash but then went back on his agreement so I think that also goes in our favour as we tried to resolve it but then he decided he wanted £2700 in cash…. 

I guess we just have to wait to see if we get any paperwork. 

Something about this isn’t adding up. Your wife was bought a car by her mum. Your wife didn’t know her mum was paying for it on HP finance.

You and your wife had problems with the car so decided to sell it. You sold it into a dealer not knowing that it had finance on it your mum was paying. Dealer did work on it then found out about the finance and wants the money he paid for it back plus the work he’s done on it.

Up to there it makes sense. But now we add in that your aunt sold the car…using her address and you’ve offered the dealer a different car and cash..,I mean what?

A court will almost certainly find in his favour for the £600 and quite possibly for the rest. If he can receipt it and if they determine it was reasonable work for him to have done though if he is a dealer they may conclude that the costs are overinflated.

However, something in your story doesn’t add up to me. Are you a car dealer?

If you read my reply again I said the car was stored at my aunts, not that my aunt sold the car…. I’m saying he doesn’t have my home address so he’s going to use my aunts address to sue me, which isn’t where I live. 

I’m not a dealer at all, the corsa broke down and needed an engine. We rushed to buy a replacement car, my partner didn’t like the replacement car, so bought a much older C1 for her to drive and we had planned on selling the second car - he contacted us and I suggested giving him the second car and £500 in cash. He accepted but then decided he wanted £2700 and not the car/cash deal…

so we are currently looking to sell the replacement car still now that he doesn’t want it. 

I’ve asked him to prove his out of pocket expenses to justify the £2700 he wants but he is refusing so I’ll let a judge look at it and decide what’s fair. 

I’m not convinced you want this to go to court.

Can you not pay off the settlement figure on the finance and then transfer ownership to him?

At the end of the day the problem persists that the car belongs to the finance company and should your mother in law stop paying they can take it back. 

diystarter7

What kind of  so-called car dealer buys a car with a basic check costing as little 2 quid?

sheramber

tWho signed the V5 advising the DVLA of the change of registered keeper?  That is who he would sue.

he easiest option is to settle the outstanding finance and then he can sell the car as he intended.

If finance company find out  it has been sold on ( he could tell them) they could repossess it and nobody would have the car

wmguk

It was done online - to trader - by my missus 

Car_54

sheramber said:

tWho signed the V5 advising the DVLA of the change of registered keeper?  That is who he would sue.

Why? The issue is ownership, not who is/was the keeper.