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  • FIRST POST
    • sofronia
    • By sofronia 14th Jun 19, 11:09 PM
    • 28Posts
    • 0Thanks
    sofronia
    bought car with outstanding finance
    • #1
    • 14th Jun 19, 11:09 PM
    bought car with outstanding finance 14th Jun 19 at 11:09 PM
    Hi, I bought a car half year ago without knowing that it was under finance until the finance company came and knocked. They demand us to compensate their financial loss which is nearly tripe of what I paid for the vehicle. After we showed that we have good faith (but they rejected our proof) they now want us to return the car, or meet us at court. We called Citizen Advice saying we can keep the car, but their reply in email say finance company can take the car and we cant stop, only way for us is to chase back the seller for a refund; and obviously the seller has disappeared.

    what can we do, and what are our rights??? can they take our car????

    if there were a document of ownership for vehicle, i believe no one would fall into this situation anymore
    From this experience, we now know to do HPI check before buying a vehicle.
Page 3
    • macman
    • By macman 11th Jul 19, 3:23 PM
    • 43,353 Posts
    • 18,521 Thanks
    macman
    You can't repossess a car on HP without a court order unless it is on public land, which the OP says it was not. Therefore the car has been stolen, and the police have failed in their duty by dismissing it a a 'civil matter'.
    No free lunch, and no free laptop
    • Caz3121
    • By Caz3121 11th Jul 19, 3:44 PM
    • 12,232 Posts
    • 7,966 Thanks
    Caz3121
    i did a car valuation via AA and WeBuyAnyCar, it quotes a market value of 2200,
    Originally posted by sofronia
    there is a 12 plate with 75k miles on auto trader that is classed as "priced low" at 4,790
    to get under 3k there is a 2011 with 83k miles that is a cat S for 2,700
    what about Parkers or Glass's Guides?
    • a.turner
    • By a.turner 11th Jul 19, 4:43 PM
    • 623 Posts
    • 257 Thanks
    a.turner
    You can't repossess a car on HP without a court order unless it is on public land, which the OP says it was not. Therefore the car has been stolen, and the police have failed in their duty by dismissing it a a 'civil matter'.
    Originally posted by macman
    If what you say is correct then there must be some entitlement for them to repossess a car without a court order. So where have they acted dishonestly for it to be theft?
    • oddjobbpb
    • By oddjobbpb 11th Jul 19, 4:51 PM
    • 37 Posts
    • 42 Thanks
    oddjobbpb
    @ TW1234

    All of the following must apply, if these conditions are met, the OP will get title

    They must be unaware of any outstanding finance eg they can't HPI it, discover finance and then get title
    They must be a genuine private purchaser
    The loan must be hire purchase - NOT a logbook loan or PCP. A few conditional sale agreements are excluded too.
    They must have paid a 'reasonable market value' for the car - if they're in Auto trader with same age and miles for 5000 and they paid 3000, that it not a fair market value.

    So, yes, in away we are both correct. I think there is more to this than we are being told, I have experienced this half a dozen times in my years of car trading and I've never known a finance company to repo a car like this. I've known them try to scare people into giving them the car back, but to repo off someone's drive without keys?

    Nope. something not right with the story
    • DoaM
    • By DoaM 11th Jul 19, 8:57 PM
    • 7,585 Posts
    • 7,418 Thanks
    DoaM
    If what you say is correct then there must be some entitlement for them to repossess a car without a court order. So where have they acted dishonestly for it to be theft?
    Originally posted by a.turner
    Erm ... if they took it off the OP's drive? You're assuming they have some entitlement.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • a.turner
    • By a.turner 11th Jul 19, 9:46 PM
    • 623 Posts
    • 257 Thanks
    a.turner
    Erm ... if they took it off the OP's drive? You're assuming they have some entitlement.
    Originally posted by DoaM
    I'm not assuming anything, I'm going from this.

    You can't repossess a car on HP without a court order unless it is on public land, which the OP says it was not. Therefore the car has been stolen, and the police have failed in their duty by dismissing it a a 'civil matter'.
    Originally posted by macman
    • wesleyad
    • By wesleyad 12th Jul 19, 2:58 AM
    • 570 Posts
    • 559 Thanks
    wesleyad
    I'm not assuming anything, I'm going from this.
    Originally posted by a.turner
    What am I missing? Doam is saying they cannot take the car off private land without a court order. They didn't have a court order. Therefore they cannot take the car.
    • a.turner
    • By a.turner 12th Jul 19, 6:54 AM
    • 623 Posts
    • 257 Thanks
    a.turner
    What am I missing? Doam is saying they cannot take the car off private land without a court order. They didn't have a court order. Therefore they cannot take the car.
    Originally posted by wesleyad
    I haven't said they could
    Last edited by a.turner; 12-07-2019 at 7:40 AM.
    • DoaM
    • By DoaM 12th Jul 19, 7:19 AM
    • 7,585 Posts
    • 7,418 Thanks
    DoaM
    So ... I'm agreeing with macman, and you disagree with us both. Unless you're being your usual pithy self and splitting hairs, by saying they could take the car because they physically did?

    @wesleylad ... it's up to you who you believe.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • a.turner
    • By a.turner 12th Jul 19, 7:48 AM
    • 623 Posts
    • 257 Thanks
    a.turner
    So ... I'm agreeing with macman, and you disagree with us both. Unless you're being your usual pithy self and splitting hairs, by saying they could take the car because they physically did?

    @wesleylad ... it's up to you who you believe.
    Originally posted by DoaM
    I'm not disagreeing that they've acted incorrectly. What I am saying is for the purpose of the theft act I'm not sure its dishonest.

    At the point the car was taken was the act dishonest or incompetent.

    Whether the conduct complained of was dishonest by the lay objective standards of ordinary reasonable and honest people; (the "objective test") and, if yes.

    Whether the defendant must have realised that ordinary honest people would so regard his behaviour ("the subjective test").


    In order to find a defendant guilty, a jury would have to be sure beyond reasonable doubt that the answer to!both!questions was yes.
    • wesleyad
    • By wesleyad 12th Jul 19, 9:55 AM
    • 570 Posts
    • 559 Thanks
    wesleyad
    I'm not disagreeing that they've acted incorrectly. What I am saying is for the purpose of the theft act I'm not sure its dishonest.

    At the point the car was taken was the act dishonest or incompetent.
    Originally posted by a.turner
    I see what you mean now. I guess the way I would see it, is that yes, at point car was taken you cant know if they were dishonest or incompetent.

    However at the point you inform them of the law and they decline to return, that then becomes dishonest. Any of sort of email exchange where the OP asks for it returned due to it being taken off private land with no court order and them saying no, would be quite damning.
    • a.turner
    • By a.turner 12th Jul 19, 11:29 AM
    • 623 Posts
    • 257 Thanks
    a.turner
    I see what you mean now. I guess the way I would see it, is that yes, at point car was taken you cant know if they were dishonest or incompetent.

    [B[However at the point you inform them of the law and they decline to return, that then becomes dishonest. [/B]Any of sort of email exchange where the OP asks for it returned due to it being taken off private land with no court order and them saying no, would be quite damning.
    Originally posted by wesleyad
    I see what you're saying but they would be dishonestly appropriating something they are already in possession of. So the question would be are they entitled to take possession of their car without a court order?
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