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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Bought a car with outstanding finance (HP) what are my rights?


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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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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 Credit 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:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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Hi nufsaid

 

Many thanks for the informative reply. The consumer credit 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.

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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

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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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.

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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.

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  • 1 year later...

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 interest in the vehicle.

 

Tonight I have had a phone call 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

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  • 2 years later...

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

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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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  • 6 years later...

thread is +5trs old now closed

last post removed.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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