Vehicle purchased in good faith that had outstanding finance

dianelesley

Herzlos said:

Will Moneybarn tell you how much is owed on the van, since the contract isn't actually with you?

I'm just wondering if it's cheaper to pay it off and get good title to the van than have it repossessed. Given the seem to deal with sub-prime lendings it's not likely but you may get lucky and find out that the balance is pretty small.

Have you spoken to the original seller? Done any HPI check?

Moneybarn did tell us how much was owed on the van - £14,000. My son paid £10,000 for the van so not cheaper to pay the finance off. Yes, we have spoken to the original seller who insists the finance has been paid off - we think he's lying so I've asked for evidence of this. None of us knew that you could check if a vehicle was still on finance - we do now!!! Oh hindsight.....

dianelesley

DullGreyGuy said:

You say you have paid for a solicitor to be involved... why are you posting on a public forum for advice from strangers that you cannot validate their knowledge when you've paid for a qualified lawyer who has PI insurance should they give you wrong advice?

We didn't pay for a solicitor to be involved, my solicitor friend sent the original contact letter to Moneybarn as a favour - she only deals in family law so has no expertise in this area.

dianelesley

sourcrates said:

dianelesley said:

Does anyone know how we stand with the bailiffs trying to collect the vehicle?

Well they may not be bailiffs for a start.

You can`t just engage a bailiff, and rock up at someone`s home to repossess a car.
The finance company first have to take legal action against the original debtor, and obtain a judgement against them.

Only then can a bailiff be engaged, however, they can only attend the address given for the debtor, and they must give 7 days notice of attendance, as the original debtor has sold the car to you, the finance company must again go back to court and update the address for service, issue you with a 7 day notice of attendance, only then can they come for the car.

They have to follow civil procedure rules, so you will likely need to find somewhere to hide the vehicle, until this mess is sorted out, bailiffs cannot force entry to private property.

If someone just turns up out of the blue, its more likely to be an employee of Moneybarn rather than a bailiff.

Thank you for your information - I've asked the Moneybarn if they have contacted the original debtor - no reply to date. I must say the bailiff who has turned up twice now was very reasonable - it's Moneybarn who are demanding and bullying.

KLN1988

dianelesley said:

sourcrates said:

dianelesley said:

Does anyone know how we stand with the bailiffs trying to collect the vehicle?

Well they may not be bailiffs for a start.

You can`t just engage a bailiff, and rock up at someone`s home to repossess a car.
The finance company first have to take legal action against the original debtor, and obtain a judgement against them.

Only then can a bailiff be engaged, however, they can only attend the address given for the debtor, and they must give 7 days notice of attendance, as the original debtor has sold the car to you, the finance company must again go back to court and update the address for service, issue you with a 7 day notice of attendance, only then can they come for the car.

They have to follow civil procedure rules, so you will likely need to find somewhere to hide the vehicle, until this mess is sorted out, bailiffs cannot force entry to private property.

If someone just turns up out of the blue, its more likely to be an employee of Moneybarn rather than a bailiff.

Thank you for your information - I've asked the Moneybarn if they have contacted the original debtor - no reply to date. I must say the bailiff who has turned up twice now was very reasonable - it's Moneybarn who are demanding and bullying.

Can I ask what your resolution was here, please.

Were in this situation right now unfortunately.

Thank you 

LightFlare

The OP was last active May 23rd

Guess we will never know what the outcome was

[Deleted User]

Some absolutely terrible advice given on this particular thread.

[Deleted User]

[Deleted User] said:

Some absolutely terrible advice given on this particular thread.

So correct it then.
Ok, this is an old thread but at least explain your comment - don't just post a sentence and walk away 🙄
@CliveOfIndia @Herzlos @DullGreyGuy @sourcrates would appreciate hearing how they gave wrong advice.

[Deleted User]

Catsacor said:

matt1976 said:

Some absolutely terrible advice given on this particular thread.

So correct it then.
Ok, this is an old thread but at least explain your comment - don't just post a sentence and walk away 🙄
@CliveOfIndia @Herzlos @DullGreyGuy @sourcrates would appreciate hearing how they gave wrong advice.

It's an old post so probably doesn't matter now anyway. Just amusing reading some of the "armchair" experts comments. 😂

LightFlare

matt1976 said:

Catsacor said:

matt1976 said:

Some absolutely terrible advice given on this particular thread.

So correct it then.
Ok, this is an old thread but at least explain your comment - don't just post a sentence and walk away 🙄
@CliveOfIndia @Herzlos @DullGreyGuy @sourcrates would appreciate hearing how they gave wrong advice.

It's an old post so probably doesn't matter now anyway. Just amusing reading some of the "armchair" experts comments. 😂

would you please be be kind enough to post some correct and up to date advice - reading your sig, I am sure it will be accurate

If nothing else, it might help  @KLN1988

Thanks

Herzlos

[Deleted User] said:

Catsacor said:

matt1976 said:

Some absolutely terrible advice given on this particular thread.

So correct it then.
Ok, this is an old thread but at least explain your comment - don't just post a sentence and walk away 🙄
@CliveOfIndia @Herzlos @DullGreyGuy @sourcrates would appreciate hearing how they gave wrong advice.

It's an old post so probably doesn't matter now anyway. Just amusing reading some of the "armchair" experts comments. 😂

People are still finding it and asking similar questions, so your information will be useful for whoever stumbles across this next.

I'm always happy to be corrected