Car problems

[fitlikeloon]

Hello everyone
This is my first post so hope someone can help

I purchased car on private sale back in may
I had some niggly problems with car and seller decided he would buy the car back. he only sold it as his wife was pregnant and its not a family car.
He was supposed to have bought car back last week. The problem really started when he stopped responding to emails a week previous.
I checked if car still had finance outstanding which it has and was being dealt with by recovery department.
I knew car had finance on it prior to buying it but was assured that it would be cleared upon buying car.
The seller has not cleared finance but i bought car i good faith. finance company are seeking to recover the car.
I did not know that it was illegal for seller to sell the car in first instance and really did not think finance company would chase me for car, would have thought that would be between seller and finance company.
What grounds do i have to keep car?, and what steps must finance car do to retrieve the car if they can take it back? i:e can they just take it or is it done through courts etc?
Also what chances would i have in sueing this idiot?, would appear he is likely going bankrupt.
it is really annoying as i have funny feeling that car can be removed and i will lose the money as well. basically this guy has stolen a lot of money and will likely get away with. if this is the case then who says "crime dosent pay"
Any help appreciated
Thanks

[maroondevo52]

Hi,

I'll move this thread to the appropriate Forum

Regards.

Scott.

[raydetinu]

I believe thay have to get a court order to recover the car and once that is granted they can just come and get it where ever it is. then your only recourse is to take seller to court for money, or if you want to keep the car make them an offer, they may accept silly money as it will probably go to auction anyway!
I pressume you paid in cash; if by cheque, card etc. you may have stood a chance of getting back from the bank!

[drob]

As far as i am aware it is illegal to sell a vehicle with outstanding finance on it.

If a loan or hire purchase agreement is still outstanding on a car that has just been bought, the finance company will retain a legal interest in the vehicle until the loan is repaid in full. If the loan is not repaid, the car could be repossessed. The finance company will probably seek a court order to reposess the vehicle.

I would contact the finance company and see if they can help you. They might offer you a good deal and transfer the finance over to you. I would then issue a county court order against the seller.

Give the CAB a ring for advice.

[fitlikeloon]

Hi, thanks for replies

The problem is i have just found out that loan is with log book loans, not sure if anyone has heard of them?
The finance was not for car, it was for cash and using car as security.
Not sure if this makes a difference?
How to you get a county court order bearing in mind that transaction took place in england and im in scotland?
Thanks again