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Car bought with outstanding finance-summoned to county court HELP!!!!!


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Hi all this is my first time on the forum and i am looking for some advice.

About 3 years ago i purchased privately 2 cars. I never hpi'd the cars as the chap showed me hpi certificates for them but never gave them to me and said they were hpi clear!!!! The cars were bought with cash and registered in my name but at 2 different addresses, 1 my own and the other a friends whom i stayed with for only a short period of 2 weeks.

 

I have driven the cars for the 3 years with little problems and earlier this year recieved a letter from a solicitor to my friends house, not mine, informing that they are under a lease purchase agreement from the previous owner and giving me a questionnaire to complete about how the cars were purchased, when, where etc....to help them with their investigation. I never replied to this and was shocked about the situation thinking it would go away as the letters came to my friends home.

 

I was then sent a further letter stating that they would apply to the court if the cars were not returned by a certain date and damages, interest, cost would then be charged. They did say that if i replied they may look at the situation again and not issue proceedings and may come to a suitable dispute solution. I again ignored this!

 

I have now been issued a county court summons detailing that i must 'return the goods' or alternatively pay the estimated costs of them with the amount the cars have lost in value since my possession of them, and that they reserve the right to charge interest and damages for conversion of the cars from previous owner to mine. It appears the initial owner that first purchased the vehicles, purchased a total of nine cars for which only 2 payments were made and most have since been recovered by the company and sold on for them to get their money back.

 

I do not know what to do as i have paid hard earned cash for them and do not want to lose out, Worst comes to worst i shall return them to the company but am afraid they charge me extra costs as they have outlined in the papers, such s damages, conversion etc... I bought the cars in good faith and the summons has been sent to my friends addrss. Should i leave it and hope they dont put a ccj in my name as they dont have my date of birth, address etc... They traced me through DVLA and have only sent letters to myfriends address and not mine where the other car is registered.

 

What are my chances of keeping the cars as they are under a 'lease purchase agreement' nad the previous owner is being asked for amounts of almost £170k for all the cars and i am being asked for it says,

 

the return of goods

or alternatively

the value of them plus damages, costs conversion, interest totalling about £15k!

 

Im scared they may ask for all cost if i return them also as they did say in previous letter they may consider such cost once cars are returned.

 

Please HELP!!!!!!!!!!!!!

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From what I can read in your thread you are going to have one heck of a job convincing the Judge that you purchased these vehicles in good faith.

Everything seems to count against you:

You paid cash. (Can you prove you paid a fair price, do your bank statements show the withdrawals)

You avoided a chance to deal with this matter without litigation.(Why didn't you return the questionaire)

You didn't buy just one but two cars. (Implies that they were sold at a bargain price)

You registered one at a different address despite only living there for a few weeks in the last three years. (Implies some form of duplicity in the matter).

How did you find out about them were they advertised in a paper or journal (traceable) or word of mouth (not provable and highly suspect).

 

Look we're not people to judge on here but I would struggle to believe you purchased two cars for that sort of money from the same person at the same time all in good faith etc. etc. if I were the Judge and I truly believe if the Court knows about both you have an uphill struggle on your hands.

 

Are you able to post up a scan of the Court paperwork so we can see exactly what is being claimed (remove ref numbers and any personal identifiers first). That should get the ball rolling.

You have the right to food money.

If you don't mind a little investigation, humiliation, and if you cross your fingers rehabilitation..............

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Hi and thankyou for the response.

I purchased 2 vehicles but approximately a few months apart from the same chap.

The first vehicle was advertised on the road side and the second i called the chap for as he said he was a trader and would find me a car, which was for my brother.

I paid cash and do not know if this would be traceable as i tend to not use banks much (was 3 years ago so cant really remember).

The cars were both sold at normal value at that time and the reason registered at different address was i was living at 1 (friends) and then moved to the other when bought the second car.

 

I dont know how to scan, can i take a picture and send via email.

Please any help would be appreciated. Do you think they would take cars back and charge interest and damages??? The charge on the front states 'goods to be returned' and £150 court cost and £100 solicitors cost. But later in the papers it states i am to return goods or alternatively pay for them plus damages, value lost and conversion. Did i mention that the first owner is also included in the summons! Thanks

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Are you in Scotland or England?

 

If Scotland you already have good title if you purchase in good faith, but if in England, then there will be a battle royal ahead. Also not helping was your refusal to deal with the issue when first notified, this makes you more culpible in the eyes of the court. I'd suggest if you don;t wish to lose the vehicles, you get round to a solicitor who can negotiate on your behalf - although this may have to be done via court as it is so late in the day. I would not even think about handling this yourself.

 

Also - the finance house will already be notified as the beneficial owner of the cars by the DVLA, and will be updated each time there is any change to the V5 and MIB.

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Also - the finance house will already be notified as the beneficial owner of the cars by the DVLA, and will be updated each time there is any change to the V5 and MIB.

 

Seems strange that they would wait 3 years then...

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You've never come across an incompetent finance house? Since the work is probably outsourced to a specialist skip-tracing agency, they'll be pursuing them in order of value (most likely). Since the property is still theirs no issue of adverse posession, so they can take their time about it. Nothing 'strange' there.

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Hi and thanks for the reply Buzby, i live in England and i am going to see a solicitor on Monday morning. The person who took out the initial finance is also on the summons and as stated earlier he has quite a large debt with the finance company and i dont see why they cant bill him as i bought in good faith and he should have reported to the finance co when he never had the cars or reported them stolen?? Thats if he wernt in on it!!!! Worst comes to worst i shall have to give the cars up but i dont want to be paying for the value the vehicles have lost while in my possession or any damages and interest while they have been in my possession. Do you think they will pursue these as on the front page of the claim it says 'return of goods', '£100' cost and '£150 solicitors fees'. But later in the claim pages it says 'return of the vehicles' or alternatively the 1.cost of them 2.value lost while in possession 3. damages 4.interest.

 

Also the reason i didnt reply to the initial letters was as i dont live at the adress the letters have been going to.

Thanks

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You really need competent representation to ensure your interests are looked after. It may cost a bit, but in the long run he may well be able to to ensure this value is reovered as part of the settlement. It also looks more professional and prevent the FH for riding roughshod over your interests in this matter.

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buying cars off the side of the road is generally a really daft thing. Why on earth would a trader be selling cars in this way?

 

It sounds like you may be screwed. See a good solicitor.

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What the original seller did was illegal. Whether he is selling them at the side of the road or from a garage, it's illegal to sell something which still has finance on it = fraud!!!

 

Speak to your solicitor tomorrow and ask about that side of things. As it stands it looks like you are being brought into something that you really shouldn't be brought into. If the guy has committed a criminal act and you are the victim then its totally wrong that you are now being the victim again.

 

Good luck

Gemspan

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Speak to your solicitor tomorrow and ask about that side of things. As it stands it looks like you are being brought into something that you really shouldn't be brought into. If the guy has committed a criminal act and you are the victim then its totally wrong that you are now being the victim again.

 

Good luck

Gemspan

 

Which is why Scots Law works the way it does. In England, the purchaser cannot on good faith alone be entitled to good title. It's swingsand roundabouts.

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