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    • Hi Stuckfast and welcome to CAG   Great job starting to self-manage your debts and listing them out here, you seem proactive and that's a great trait to have when it comes to debts.   You don't mention your partner's income so maybe there is some flexibility there to maintain pro rata payments?   Personally, looking at your list vs income I would consider dropping all of them to £1 per month as per the pro rata process and stating you are having further financial difficulties. The reason I would do this is you are unlikely to clear any of them as it stands and there's little difference in £5-£1 from the creditors point of view, whereas due to the amount of accounts, that's alot of ££'s for you when multiplied. This can be saved initially with a view to perhaps making full and final settlements on the none defaulted smaller accounts in the future but at the very least give you some breathing room for now.   Then, at some point after the companies all default you, they are likely to sell the debt on, at which point you can challenge the DCA's to prove the accounts are enforceable - they are usually not due to how the Original Creditors (OC's) and Debt Collector Agencies (DCA's) carry out this process.   Have a read through the debt forum for similar situations as yourself you'll soon pick up the idea.   You are not alone and there's nothing to be ashamed of - you've done the right thing in reaching out here on CAG, we will help you   Lastly, I disagree with Yorky and do not think you should seek advice from any company that is funded by the financial institutions, advice here is free and if you're willing to learn you can absolutely do all of this yourself.   Don't use the phone - letter's only. Don't complete any income and expenditure forms You've already proven you are willing to take control, continue!   BT  
    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
    • hy, In a nutshell; - current contract  work part time Mon to Fri 24 hrs - Unpaid year off break to become family member full time carer - Need to either go back to work at end of next month, start of July or leave - Application for Transfer was turned down   - Letter to go in this week with a application form to request change of contract, hrs, days so that I can look after family member - change requested will be work mon, tues, wed but not more than 13.5hrs or 14, then breaks deducted to stay within legal earnings limit as carers allowance is recieved - it is not possible to work thur, fri sat, sun due to care needs and travelling for adult disabled family member   ok; Ive done a bit of digging, I can send application  for reduction of the hrs and contract which i think the govt said I can legally do. Doesnt mean the company has to be bound legally by it. It may be that it isnt suitible and there for ask me to resign. Or they may agree! Or terminate my employment. But as I am a full time family carer for a family member within the same household, I should have a good case to argue.    Does anyone have any further knowledge or experince of this to advice me, what legal or other rights, but if I quit or asked to quit, would claiming benefits as such be suspended for quiting a job, thanks    
    • I’m looking for some guidance please. I’ve been reading up but am stuck on what I should do and going round in circles now.   Trying to manage my own DMP and making a mess of it I think.   My income is £1015 per month Essential outgoings: factor fee £93 pet insurance £81 (giant breed so quite costly) TV licence £13.37 Groceries for 3 adults and giant breed dog £309 Council Tax £111 Internet £36 Electric £59 No water/gas/car Public transport £30 Gifts £15 Mobiles £6 Debt to family £42 Saving £0 Leftover £220 (for creditors) Actual Original Total Due to Creditors £600 (pro rata started) So I’ve started negotiating pro rata payments while still trying to keep credit cards going for future emergencies (they are maxed now but if I can pay them down it releases credit for me to have as a back Up)   It’s all getting worse, I’m struggling, I have depression, my wife has depression and is unwell. Interest on 3 cards is over £100 so not really paying anything off.   I’ve negotiated pro rata on some and I think I’ve gone in too high because I’m really struggling with it, I forgot that when they ask for income expenses they don’t take into account that the factor bill is 3 monthly and therefore I need £279 by May 31st and not £93 as budgeted so already in trouble for month 2. Partner debts: Starling bank overdraft: £400, 2019. Pro rata £14 arrangement to pay, no default.   Tesco Credit Card: £100  started 1/12/2019; defaulted 7/10/20 £5 mth   Virgin Credit Card: £2700 started 14/5/18; defaulted 30/3/21 £5 mth   Marks and Spencer Credit Card: £850 started 18/10/19; defaulted 13/1/21 £5 mth   Nationwide Credit Card: £1500 started 30/4/19; defaulted 28/12/20 £5 mth   Barclaycard CC: £1400 (PRA group purchased it) started 25/8/18; defaulted 16/7/20 £5 mth.    Aqua Credit Card: £3900 (now with Cabot Financial) started 3/12/18;  defaulted 12/11/20 £5mth   Aqua Loan: £1700 (now with Link Financial) started 28/9/19; defaulted 2/2/2021 £5 mth   My Debts:   Monzo Loan:  £1900 October 2021 – permanent pro rata £39 agreed, not defaulted    Likely Loans: £1500 December 2021 – temp £14 pro rata, not defaulted    Monzo overdraft: varies up to £750  - temp £10 pro rata   Monzo Flex: £900 December 2021 – temp £11 pro rata   Fluid Credit Card: £1500 July 2021 (on a holiday until August) £0    Capital One Credit Card: £700 £40 mth (up to date)   Amazon Credit card: £2450 November 2021 £75 mth (up to date)   Next: £56 December 2021,  £5 mth (up to date)   My dilemma is I can’t pay the factor bill and have maxed my cards.   I wonder about going on a payment holiday with Amazon and Capital One and then negotiate pro rata using a part of the £220 left for creditors in time, so keeping the pro rata proportional.   In August my Fluid holiday ends and they want £80.   I’m not getting hassled by any creditors and prefer an option that keeps it that way but last night seriously thought should I stop paying all of some of them.   Thanks  Stuckfast    
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Bought a car with outstanding finance (HP) what are my rights?


Suzanne1
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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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