can same car be repossessed twice?

[xxfoxy-ladyxx]

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

[trooper68]

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

 

Hi Foxy welcome

 

You have been a victim of fraud, you will need to take this-along with your paperwork to the police get the ball rolling-keep a carefull notes on how much you are out of pocket..

 

 

You are the owner full stop, the letter you state you have says they have no intrest-buy LBL have sold the loan on to a DCA- You will need to get info from the DCA- I would recommend a SAR to them on the account. Send all letters by Regietered post, send them a copy of the letter that show they have no intreast and state quite clearly that you own the car. Let them do the hardwork.

 

Have a good read of the post and stickys. Oh DCA's cannot take the car.

Don't panic and don't worry. The guys that turn up are agents-**** suckers feeding on the bottom of the pond. They are NOT Baliffs-they will lie and cheat to get what they want. You are not dealing with LBL anymore.they have no intrest.

 

trooper68

[xxfoxy-ladyxx]

thanks for your reply.

 

From what i understand Welcome finance are not a DCA. They lent money to the same person using the same car as security.

 

We found out that he (man who sold us the car) had a duplicate logbook. From reading other posts i see that LBL dont take the logbook from you when you have a loan through them.

The date of his agreement with LBL was 11/9/08.

 

Maybe he was surprised that LBL didnt keep the logbook so he then lent against it again on 24/9/08 with welcome finance.

 

Our logbook shows that i aquired the vehicle on 14/9/09, it wasn't printed until 25/9/09 though.

 

By this point the finance should have been showing from LBL though if Welcome did a finance check? Are LBL legally obliged to record their financial interest in the car, if so how soon?

 

There could be more companies out there looking for the car!!

 

The car is my only source of income. I have a personal loan of 6k although i only paid 3k for the car. I have since had it LPG converted, fitted a huge roofbox, paid for it to be badged as a taxi. It is a people carrier used for airport transfers only. I have a diary full of work:(

[trooper68]

thanks for your reply.

 

From what i understand Welcome finance are not a DCA. They lent money to the same person using the same car as security.

 

We found out that he (man who sold us the car) had a duplicate logbook. From reading other posts i see that LBL dont take the logbook from you when you have a loan through them.

The date of his agreement with LBL was 11/9/08.

 

Maybe he was surprised that LBL didnt keep the logbook so he then lent against it again on 24/9/08 with welcome finance.

 

Our logbook shows that i aquired the vehicle on 14/9/09, it wasn't printed until 25/9/09 though.

 

By this point the finance should have been showing from LBL though if Welcome did a finance check? Are LBL legally obliged to record their financial interest in the car, if so how soon?

 

There could be more companies out there looking for the car!!

 

The car is my only source of income. I have a personal loan of 6k although i only paid 3k for the car. I have since had it LPG converted, fitted a huge roofbox, paid for it to be badged as a taxi. It is a people carrier used for airport transfers only. I have a diary full of work:(

 

did you send of the logbook straight away? if you did the envolope stamped would be proof. Besides you both have been a victim of a crime-so you should report it as such. As long as the Police are aware you are a victim so to speak. Besides still SAR them-you never know what it will turn up-plus they have to give you everthing to do with the account (of the car) you will get a clearer picture of what they have. Have you seen a copy of the BoS?

 

Ahh I think they cannot touch it as its a taxi-I think that there may be a really old law covering that also that the car has been modified if they do take it the have "unjust enrichedment", besides its your only sorce of income...My advice at this point would be to have a chat with a Sol, perhaps someone that knows consumer law.

 

trooper68

[Pacman2]

STOP!!!!!!!!!!

first off Welcome Finance do not do logbook loans meaning you have the protection of the hire purchase act.

If their finance wasnt showing and you have your hpi check still you are in the clear as you can claim good title as you brought the car in good faith.

1st check what agreement it is on with Welcome Finance with them.

2nd check your hpi and if your in the clear tell them so they should back off oh and if it is hp they cannot repo without a court order anyway

3rd finance companies are NOT legally obligated to record finance on hpi, however if it is HP (ie not a logbook loan) if they dont and you are a private purchaser and do a hpi before buying you can claim to have brought the car in good faith and they cant touch it.

Edited January 28, 2010 by Pacman2

[trooper68]

thats a point you have there pacman..

 

Do you think its a case of LBL sold on or there was HP on it and that they have found it? She did say there was no intrest on the HPI check when she did one-something is not right here at all..

 

trooper68

[trooper68]

Foxy-questions.

 

You said you came to an arrangement with LBL for £1500, did you get any work on the car before they turned up? Do you suspect that LBL have sold on the debt to welcome or did welcome just come out of the blue stating they own the car? Cos if welcome are the HPI owners-did not own the car-you paid LBL for nothing...see where i'm coming from.

 

Any work to fix or convert the car could be enrichment.

If welcome was the HPI owners LBL had no legal right to clain ownership-you paid £1500 for nothing....

 

trooper68

[xxfoxy-ladyxx]

thank you for taking an interest in my situation.

 

The lpg conversion, roof box and taxi plating were all done within 2-3 weeks of buying the car in sept 08.

 

from the dates of the agreements i would think that LBL had more claim to the car than Welcome?

LBL 11/09/08

Welcome 24/09/08

 

If LBL took longer than the 7 days to do the register BOS with the court thing maybe LBL didn't show when Welcome did their HPI check on 24/09/08?

 

My HPI check was done on 10/09/08 - before either of these agreements were made.

[Pacman2]

thank you for taking an interest in my situation.

 

The lpg conversion, roof box and taxi plating were all done within 2-3 weeks of buying the car in sept 08.

 

from the dates of the agreements i would think that LBL had more claim to the car than Welcome?

LBL 11/09/08

Welcome 24/09/08

 

If LBL took longer than the 7 days to do the register BOS with the court thing maybe LBL didn't show when Welcome did their HPI check on 24/09/08?

 

My HPI check was done on 10/09/08 - before either of these agreements were made.

 

The point here foxy is one of law bills of sale mean that wether or not log book loans registered their interest on hpi they could repo the car (welcome could have argued the toss with them as LBL being a company is NOT protected by the HP act but this is a different matter)

Welcome however do HP agreements if they havent put it on hpi BEFORE you do a hpi check and buy the car regardless of who you buy it off (for instance LBL which is what you have effectively done) they cannot pursue the car any further once this is brought to their attention as you have brought the car in "good faith" which is protected under the hire purchase act 1964 C.53 please read Hire Purchase Act 1964 (c. 53)

in other words your car tell them so!

[Pacman2]

Foxy-questions.

 

You said you came to an arrangement with LBL for £1500, did you get any work on the car before they turned up? Do you suspect that LBL have sold on the debt to welcome or did welcome just come out of the blue stating they own the car? Cos if welcome are the HPI owners-did not own the car-you paid LBL for nothing...see where i'm coming from.

 

Any work to fix or convert the car could be enrichment.

If welcome was the HPI owners LBL had no legal right to clain ownership-you paid £1500 for nothing....

 

trooper68

 

Ignore LBL for now one thing at a time from my understanding Welcome have now approached saying you owe them money after paying off LBL (since youve paid LBL off they are no longer an issue so i wont bother going into this one but i think that yes they could have taken the car, certainly i think they would have).

Welcome would have taken a HP agreement out with a customer either for the car or on the car as a HP agreement you have rights and protections you dont have with a log book loan one of the is called having brought the car in "good faith" if you can show you did all reasonable checks as a private individual buying the car (ie you did a HPI check and it didnt show up, you got log book etc) then the Law ie Hire Purchase Act says that you brought the car in good faith and welcome cant touch it end of!

Welcome Finance do not buy debt they are a finance company it would be a debt colection company that would be interested in buying the debt not them

Edited January 29, 2010 by Pacman2