Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Suzanne1 Novitiate

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    Default Bought a car with outstanding finance (HP) what are my rights?

    good afternoon.

    I recently bought a car froma private seller only to find out (after I handed over cash for it and sent of the V5) that it has outstanding finance on it.

    I've read all sorts of scare stories of similair scenarios and people having their car repossesed from the finance company because the original purchaser didn't keep up repayments or whatever.

    I cant sleep at night now for worry... :cry: I'm scared the car is going to be taken away and I'll be left without the car AND the cash I paid for it.

    Please can anyone help:?

    kind regards

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  2. #2
    Basic Account Holder nufsaid Novitiate nufsaid's Avatar

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    Hiya Suzanne

    I have found this piece of info from the trading standards web site ...

    Private sales
    There are some situations where your legal rights will be reduced.
    The general rule is ‘let the buyer beware’ when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be ‘as described’. If the advertisement says ‘2000 Ford Focus’ or ‘excellent condition’ then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual.
    Whether you buy privately or from a motor trader, you are entitled to expect that the car is roadworthy when you buy it, unless you and the seller clearly agree it is to be sold as scrap. You should take note that a car sold with an MOT Certificate does not necessarily mean that it is roadworthy.
    You are also entitled to expect the seller to have ‘good title’ to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller.
    The consumer crediticon Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement.
    It is worth noting that some motor traders pretend to be private sellers to avoid their legal obligations to consumers. If you come across a situation like this, contact Consumer Direct on 08454 040506.

    The link is ... Trading Standards Central - Trading Standards and Consumer Protection information for the UK

    I would get in touch with Trading standards and maybe citizens advice they will let you know your best course of action from here.

    Hope this helps.

    NS


    Confused, sad,bewildered,befuddled, bemused,disorientated,lon ley until I came here, moving forward to ,trying not to let them drag me down.
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  3. #3
    Basic Account Holder Suzanne1 Novitiate

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    Hi nufsaid

    Many thanks for the informative reply. The consumer crediticon act which you outlined in blue at least does give me some slight peace of mind.

    The car has MOT, the vin's match up and I have the handbook and such so it is just the outstanding HP which worrys me.

    I've read storys of similars where innocent purchasers like myself have come out to find the vehicle in question being loaded up onto a lorry. I was really starting to panic.


  4. #4
    Basic Account Holder nufsaid Novitiate nufsaid's Avatar

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    I really would get in touch with trading standards they will best advise you of your rights and send info to help, then you do at least have ammo. should anyone turn up for the car, have you registered yourself as the keeper / had the v5 back?

    As long as it is not a lease or hire car I think your ok it's the seller which is in trouble.

    Good luck

    NS X




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  5. #5
    Basic Account Holder rps1969 Novitiate

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    The only issue with the trading standards is they can tell you what the law states, however they cannot act for you and they will only tell you the outcome of the investigation if there is one, which as a private seller there will not be.

    I cannot see a way out of this as the car belongs to someone else, i.e. the finance company, who will want it back.

    Depending on how much is still owed on the car you could suggest to the finance company to pay the difference ? Not a great solution as you would have to pay more money, but it may be cheaper than having to buy a car of similar quality.


  6. #6
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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    You never know perhaps the 'seller' has paid all outstanding finance after he sold the car to you. It just didn't show up in time at DVLA. Why don't you ask DVLA again or maybe even the seller? You just never know.


  7. #7
    Basic Account Holder xxfoxy-ladyxx Novitiate

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    In my experience "good title" stands for nothing.

    I found the car i wanted to buy 9/9/08.
    Paid for hpi check 10/9/08.
    collected and paid cash for the car (3k) 12/9/08.

    Roll on june 2009. The car was taken from outside my house by repossession agents acting on behalf of 'logbook' loans. I try to dispute what they are saying. They show me a letter clearly stating that THEY ARE THE LEGAL OWNERS OF THE VEHICLE. I hpi check the car again. It clearly states outstanding finance;logbook loans.

    The man who sold me the car had used the car as security for a 6k loan on 11/9/08- ie the day before i collected the car.

    I came to an agreement with logbook loans to buy back the car from them for 1500. They give me a receipt to say they have no further interesticon in the vehicle.

    Tonight I have had a phone callicon from 'welcome finance' saying that they have tracked me down as the current owner of the vehicle. There is outstanding finance on it from an agreement dated 24/9/08.

    I cannot believe it, i will have to sleep in the car to make sure they dont take it again.

    i am desperate for any legal knowledge if anyone could help
    xx


  8. #8
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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    Where do you live? In Scotland if you bought in good faith, you've got title if you acted 'reasonably'. If E&W, this is less assured.


  9. #9
    Basic Account Holder locospit Novitiate

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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    I know of a dirty crok that has sold a car on inance, welcome finance now know about it and so does the new owner, I hope that she gets a visit from the police, the book thrown at her and is ordered to pay the loan back to welcome


  10. #10
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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    If you have purchased the car at a price which is way below the market value then you may have a problem showing that you are an innocent private purchaser, as the assumption will be that you must have known it was too good to be true.

    If I have been of any help, please click on my star and let me know, thank you.
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  11. #11
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    Default Re: Bought a car with outstanding finance (HP) what are my rights?

    The only way forward is to negotitae with the loan co that owns the vehicle.



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