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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 1
    • waamo
    • By waamo 14th Jun 19, 11:24 PM
    • 7,426 Posts
    • 10,075 Thanks
    waamo
    • #2
    • 14th Jun 19, 11:24 PM
    • #2
    • 14th Jun 19, 11:24 PM
    What kind of finance is owed, is it HP, logbook loan or other?
    This space for hire.
    • sofronia
    • By sofronia 14th Jun 19, 11:55 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    • #3
    • 14th Jun 19, 11:55 PM
    • #3
    • 14th Jun 19, 11:55 PM
    we have no idea at all, the finance company have provided nothing even we asked, they just gave us a HPI report showing finance with their name.
    • neilmcl
    • By neilmcl 15th Jun 19, 8:23 AM
    • 13,222 Posts
    • 9,866 Thanks
    neilmcl
    • #4
    • 15th Jun 19, 8:23 AM
    • #4
    • 15th Jun 19, 8:23 AM
    Private purchase or from a dealer. At the end of the day you've been negligent in not doing an HPI check you when you purchased the car so you can't really expect anything else other than to hand the car back over and chase the seller for your money back.
    • sofronia
    • By sofronia 15th Jun 19, 9:17 AM
    • 28 Posts
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    sofronia
    • #5
    • 15th Jun 19, 9:17 AM
    • #5
    • 15th Jun 19, 9:17 AM
    hi neilmcl, we purchased it from a private seller. we didnt know anything about HPI before, although HPI is not required by law as we googled it later on, we now know to do HPI in the future in order to avoid scam.

    We are honest people, we didn't have any doubt when this family man with his children sold us the vehicle telling us there has no finance on it. We did buy it honestly and in good faith, and we think the finance company should chase their client who sign the contrat/agreement with them, insteading of coming to us threatening to have tripe of what we paid, or take us to court.
    • waamo
    • By waamo 15th Jun 19, 9:36 AM
    • 7,426 Posts
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    waamo
    • #6
    • 15th Jun 19, 9:36 AM
    • #6
    • 15th Jun 19, 9:36 AM
    Check out section 27 of the Hire Purchase Act. You might be in luck.

    In saying that you need to find out what kind of finance it is.
    This space for hire.
    • bris
    • By bris 15th Jun 19, 2:22 PM
    • 8,754 Posts
    • 7,640 Thanks
    bris
    • #7
    • 15th Jun 19, 2:22 PM
    • #7
    • 15th Jun 19, 2:22 PM
    Only the courts can make you hand it back. They may decide you're an innocent purchaser they may not.


    The will want proof of what you paid in relation to the value of the car, if you got it to cheap you are in trouble, if you paid market value you have a chance.


    Similarly if you know the seller then you are in trouble as they will suspect collusion.


    Bottom line wait until the court papers come through and take it from there.
    • sofronia
    • By sofronia 15th Jun 19, 9:17 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    • #8
    • 15th Jun 19, 9:17 PM
    • #8
    • 15th Jun 19, 9:17 PM
    yes this is what they tried to do.
    they tried to argue that we bought the vehicle far too undervalued, we have proved that it is not, but they just reject to accept our evidence by giving nonsense reason.
    we have no relationship with the seller at all.

    yes, we are waiting for their court paper, but just to know what are our rights.

    (apologise if these seem to be nonsense as these are my thoughs only), i just wonder why,
    1) there is no document of ownership in this country, if there was, then no such scam would ever happen;
    2) if we deserve this as we didnt do HPI check in advance so they are entiled to take the car and we can only chase the seller for refund, why cant the same theory apply to them, they didnt do background check of their client and borrow them the money (with gaining interest), finance company should bear the risk of it and should chase their client back for repayment, not chase us to recover their financial loss; we purchased a car with our hard earning money, just because someone is not honest then we ended up to be the victim who are forced to suffer all the consequences casued by them;
    3) if HPI is so important it should be enforced by law that whoever sell vehicle, both privately and in trade, should enclose a HPI report in the advert
    again, from this experience we will remember to do HPI check.
    • neilmcl
    • By neilmcl 16th Jun 19, 8:03 AM
    • 13,222 Posts
    • 9,866 Thanks
    neilmcl
    • #9
    • 16th Jun 19, 8:03 AM
    • #9
    • 16th Jun 19, 8:03 AM
    As already mentioned you need to write to the finance company and clearly state that you purchased the vehicle in good faith and you have good title. You have some protection, it's up to them to prove that you knew there was finance outstanding, let the court decide.
    Last edited by neilmcl; 16-06-2019 at 8:05 AM.
    • steampowered
    • By steampowered 16th Jun 19, 10:26 AM
    • 3,505 Posts
    • 3,605 Thanks
    steampowered
    As waamo stated, it is important to find out what the finance was, as this impacts whether they are entitled to get the car or not.

    I would write back to the company asking them to explain what finance was in place and to provide evidence supporting that (such as a copy of the relevant finance agreement), in line with the court's pre-action protocol which requires the parties to provide the relevant information to understand each other's case before commencing court proceedings.

    I would say in the letter that until such evidence is provided you will not be returning the car.
    • Wanderingpomm
    • By Wanderingpomm 17th Jun 19, 5:29 PM
    • 227 Posts
    • 220 Thanks
    Wanderingpomm
    They canít take the car if you bought it good faith. They have to go over the person who actually borrowed the money.

    The debt collectors are lying to you
    • oddjobbpb
    • By oddjobbpb 17th Jun 19, 8:13 PM
    • 37 Posts
    • 42 Thanks
    oddjobbpb
    as above ^^^^^^^^^

    If you bought the car at a fair market price in good faith and were unaware of the finance at that time, it's your car.
    • TW1234
    • By TW1234 17th Jun 19, 8:34 PM
    • 168 Posts
    • 140 Thanks
    TW1234
    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.
    Last edited by TW1234; 17-06-2019 at 8:35 PM. Reason: sp
    • sofronia
    • By sofronia 10th Jul 19, 1:10 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    hi everyone, after a peaceful month the financial company came and hacked into the car's compauter and drove it away, without any lwtter before action or court order. we have reported to the police but got rejected.

    what can we do now???
    • waamo
    • By waamo 10th Jul 19, 1:28 PM
    • 7,426 Posts
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    waamo
    It depends on what kind of finance was on it. You still haven't told us.
    This space for hire.
    • sofronia
    • By sofronia 10th Jul 19, 1:33 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    we have no idea at all, as the finance company has never provided us anything apart from a HPI report, no matter how mang tines we asked.
    • ThumbRemote
    • By ThumbRemote 10th Jul 19, 3:14 PM
    • 4,023 Posts
    • 5,113 Thanks
    ThumbRemote
    hi everyone, after a peaceful month the financial company came and hacked into the car's compauter and drove it away, without any lwtter before action or court order. we have reported to the police but got rejected.

    what can we do now???
    Originally posted by sofronia
    It;s a stolen car. Report to the police again, and to your insurance.
    • sofronia
    • By sofronia 10th Jul 19, 3:24 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    police said it is a civil issue, they are not going to take action, ask us to deal with the finance company as we were informed by the finance company that the car has outstanding finace before it was being hacked in and drove away
    • sofronia
    • By sofronia 10th Jul 19, 4:18 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    but we have been told by citizen advice that the finance company has to have court order before they can reposes the car. just cant understand why police rejected us.
    • sofronia
    • By sofronia 10th Jul 19, 4:25 PM
    • 28 Posts
    • 0 Thanks
    sofronia
    as this is down to the court to judge who now own the car, not finance company or us to say, so they cant just came over to our drive hack into the car computer and drove away without any pre-notice.

    we have provided all of our proof to them but they just refuse our proof and insisit the vehicle is bought under value. everyone can go online and have a online car valuation to obtain the market value of the vehicle, how come the finance company still can say it is under value. they just dont have any solid proof at all, aparting from threatening us by bringing us to court to repossess the vehicle.
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