I bought a car which had oustanding finance on it. The loan continued to be paid even after I bought car. Unfortunetly the car was stolen, the insurance paid out but deducted £9500 from the claim to repay the finance! I contacted previous owner who told me the car was his share of a business settlement when he & his partner closed their business. His partners name was the one on the registration document. He tells me he did not have any finance agreement & was not aware of any agreement also he won't give me contact details of his partner.

The finance company won't tell me whose name the finance was in due to the data protection act.

Surley my insurance company had no legal right to pay of the finance as the insurance agreement was with me not them?

The seller has now moved & won't give me any contact details so I can't sue him!!!!

:x:x:x:x:x

any ideas?????

Was The Car Purchess A Private Deal Or Through A Dealer

If the car was originally part of an HP agreement and NOT a personal loan then it should NOT have been sold to you by the previous owner. The insurance comapny were (if it was an HP agreement) quite correct to pay the money direct to the HP company since it was their property and NOT yours.

You should have HPI checked the car before purchasing and not just taken the other persons word

Mossy

Thats Exactly Why I Asked If Private Or Dealer

As it was the person you do have contact with who sold you the car issue proceedings against them

Also I suspect he's conning you & it was he who had the HP

As for the insurance company they had little choice but to pay the FC However & whilst most try the FC cannot use the DPA to conceal a fraud. Tell them that unless they provide the details you need to pursue an action against this alleged fraudster you will report them to the authorities for money laundering as the payment thay have received was/is the result of a crime namely fraud

Also who really benefited from the theft of the car .......not you certainly but whoever was paying the HP

Sell a car that's on finance have it nicked & the buyers insurer pays the finance Great the bent seller doesn't even lose his own NCB

They cannot hide information behind the DPA.

Part II section 7 (legal guidance notes) of the Data Protection Act 1998 sates that:

"There are no exemptions from the right of access where civil legal proceedings are contemplated or ongoing"

As such, you can request the information under the guise of the above and they have to give it to you as long as you confirm that you are contemplating civil proceedings in the matter.