Previous Owner's Debt Has Followed Car...

[Vauxhall Girl]

Hello.

Newbie here.

Got a nasty shock last week....

Bought a car to the tune of £1600 last Aug, and have been driving it merrily around all this time. Then last Thursday a man turned up on my doorstep saying the car had Hire Purchase owing from a previous owner, and he was coming to take the car away! Luckily my other half was home, and he wasn't letting the car go anywhere. So the guy had to go away empty handed. Repo guy said there was a court order out on the car, but I am not sure if that's true. Have taken all my personal belongings out, just in case. I phoned the Finance company and all the info they will give me is that there is "several thousand pounds" still owing on the car. They won't tell me who took the agreement out originally. She asked if I had a receipt for the car.... its nearly a year ago, so I don't know if i have still got it even. I can't find it. Apparently if i have the receipt, I will be ok, because it proves I paid for it???

She asked how I paid for it? Cash.

Did I do an HPI check on it? No. (Yes, i know, in hindsight, daft).

Where did I collect the car from? Unfortunately it was at someone else's house, which we agreed was about halfway between our two homes.

So, anyway, the woman from RPI said she was sending a form for me to fill out. Do I fill it out, or will it incriminate me?

 

The guy who sold it to me said he had owned it for four years, and in the paperwork he gave me, dated 2004, the Network Q paperwork said it was free of finance. So I didn't worry. On ringing him on Thursday, he didn't even remember selling the car to me - turns out he sells quite a few cars, but its unclear as to whether he is a business or he sells cars as a sideline. He only actually owned it for 9 months it seems.

Will this affect my credit rating?

And why are they coming after me? Surely they should be chasing the person who took out the HPI agreement????

And if they do sell the car at auction, will they be coming back to me for the rest owing on this car???

 

With regard to the Repo company, on their website they say that when they have to collect a car, they try and contact the owner first by phone, then after 6 days, if unsuccessful, they send a letter. I have received neither!

 

Some help would be gratefully received if anyone can tell me what to do, or where i stand on this.

 

Thanks in advance.

Edited June 15, 2010 by Vauxhall Girl

[cctv engineer]

Name & Registered Office:

RCI FINANCIAL SERVICES LIMITED

EGALE HOUSE

78 SAINT ALBANS ROAD

WATFORD

HERTFORDSHIRE

WD17 1AF

Company No. 03302462

 

 

Status: Active

Date of Incorporation: 15/01/1997

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

6522 - Other credit granting

Accounting Reference Date: 31/12

Last Accounts Made Up To: 31/12/2008 (FULL)

Next Accounts Due: 30/09/2010

Last Return Made Up To: 15/01/2010

Next Return Due: 12/02/2011

Last Members List: 15/01/2010

Previous Names:Date of changePrevious Name01/03/2007NISSAN FINANCE (GB) LIMITED06/02/1997SHELLGROVE LIMITED

 

Hi. dont give in that easy. you need all the details of why they want your car. and if anglia call again just ask them to leave. you dont hand anything over.

you need to findout who took the finance out and how much is outstanding.

 

first you need to go and see a solicitor so as they can get all the info you need and stop anglia calling. (if they had a court order) you would have had one also. if you can hide the car for now

Edited June 6, 2010 by cctv engineer

[Vauxhall Girl]

Thanks for coming by and helping me out, CCTV.

Have car tucked away... not going to let them have it.

Office of Fair Trading helped me out by telling me what to write to them, regarding me having Title to the car. Sent letter today, so am keeping fingers crossed.

If anyone can answer my questions from my first post, or has any other ideas on how to get this sorted, would be most grateful

[cctv engineer]

Thanks for coming by and helping me out, CCTV.

Have car tucked away... not going to let them have it.

Office of Fair Trading helped me out by telling me what to write to them, regarding me having Title to the car. Sent letter today, so am keeping fingers crossed.

If anyone can answer my questions from my first post, or has any other ideas on how to get this sorted, would be most grateful

 

Hi vauxhall. what you have to remember is oft will not fight this for you they can only give you info. you need to see a solicitor as soon as you can.

[recoverybailiff]

Thanks for coming by and helping me out, CCTV.

Have car tucked away... not going to let them have it.

Office of Fair Trading helped me out by telling me what to write to them, regarding me having Title to the car. Sent letter today, so am keeping fingers crossed.

If anyone can answer my questions from my first post, or has any other ideas on how to get this sorted, would be most grateful

 

 

to be honest hiding the car will only delay the enevitable and just delay the vehicle being taken

[cctv engineer]

to be honest hiding the car will only delay the enevitable and just delay the vehicle being taken

 

 

recoverybailiff. you need to read the posts. just because you have taken a job on does not mean it is legal. and in most cases with lbl or nine regions ltd it is not legal. so be honest with yourself you are only doing it for the money.

[Surfer01]

Delay it as much as possible and hide the car where ever you can as they have no right to it at present. The responsibility lies with the seller who is probably a backyard dealer. Stuff the bailiffs who are only greedy monkeys in disguise!

[Vauxhall Girl]

recoverybailiff I bought this car in good faith, and I am not going to just hand over the keys and wave it goodbye. I don't think it is fair that anyone except the person owing the money should have to fork out.

 

Thanks CCTV and Surfer. Am still waiting on a reply from the finance co.

[Markiemark1]

OK, you need to be relying on the "Innocent Purchaser" part of the Hire Purchase Act 1964. Not going to be hugely easy with no receipt. Don't worry about not having HPI'd the vehicle. Whilst that would have alerted you to finance, you're only expected to know about this if you have a connection with the motor trade. What you have to prove is that you got "good title", and if you bought from a "dealer" then title will have been acquired. Just a case of proving it. The finance company need to go after the dealer for conversion.

[Vauxhall Girl]

Thanks for stopping by, Mark.

the Finance company have sent me an "Innocent Purchaser Claim Form". Should i fill this in, or will it incriminate me?

The guy that sold me the car said when I phoned him the other day that he "sells lots of cars", but i thought I was buying privately.

[cctv engineer]

to be honest hiding the car will only delay the enevitable and just delay the vehicle being taken

 

 

what a stupid comment. see this is the problem with you repo guys no brain. so if a repo guy came to your house tomorrow and took your car you would be happy

[cctv engineer]

Thanks for stopping by, Mark.

the Finance company have sent me an "Innocent Purchaser Claim Form". Should i fill this in, or will it incriminate me?

The guy that sold me the car said when I phoned him the other day that he "sells lots of cars", but i thought I was buying privately.

 

 

Hi vauxhall girl.

it would be a good idea just to call into a solicitors office for them to have a read.

[kyleypie21]

So gutted, same has happened to me and mine got towed away this morning Not sure what to do now, same boat as you I have no proof of purchase and met in between houses. I have been sent the innocent purchaser form too, I'm filling mine out. x

[Vauxhall Girl]

Good idea, CCTV. Will do that. Will phone solicitor tomorrow.

 

Kyleypie, that's awful!

Read the posts above. Some good info. And let us know how you get on. I will do likewise.

Best of luck. xx

[kyleypie21]

Good idea, CCTV. Will do that. Will phone solicitor tomorrow.

 

Kyleypie, that's awful!

Read the posts above. Some good info. And let us know how you get on. I will do likewise.

Best of luck. xx

 

Vauxhall girl, I phoned trading standards and they are dealing with it for me. They have advised me to write out an honesty statement with every little detail from the day I decided to buy a new car to them towing it away. They said I have to include the time I met the man a description etc and then I have to send citroen a copy of my logbook, insurance, they also want the advert from the paper but I don't have it anymore.

 

Defo keep your car out the way... x

[Vauxhall Girl]

No, that's just the point.... who keeps the advert???? I bought mine from eBay.... phoned eBay to see if they still had the advert, but they said after 90 days adverts are automatically deleted from their database! You can see why with the thousands of ads that must go through their site.

 

Keep copies of your letters to them... and send them recorded delivery or special delivery, so they have to be signed for. These companies seem to be quite good at just ignoring letters, or claiming they never arrived.

 

Keep in touch.

[cctv engineer]

Vauxhall girl, I phoned trading standards and they are dealing with it for me. They have advised me to write out an honesty statement with every little detail from the day I decided to buy a new car to them towing it away. They said I have to include the time I met the man a description etc and then I have to send citroen a copy of my logbook, insurance, they also want the advert from the paper but I don't have it anymore.

 

Defo keep your car out the way... x

 

 

Kyleypie.

please dont send a copy of your insurance to them trading standards do not help alot they look for the easy way out. (they will not fight your case) if you send your insurance details to citroen they will claim on the legal side of your insurance policy. then goes your no claims. trading standards help but a solicitor fights.

[kyleypie21]

Kyleypie.

please dont send a copy of your insurance to them trading standards do not help alot they look for the easy way out. (they will not fight your case) if you send your insurance details to citroen they will claim on the legal side of your insurance policy. then goes your no claims. trading standards help but a solicitor fights.

 

Okay thanks CCTV so they will try and claim the car through my car insurance? To be honest if I got my car back I wouldn't mind them doing that. My car is worth nearly 10k and Ive only been driving a year and so only have 1 years no claims anyway, but thanks for that.

 

Also I was starting to wonder about the trading standards I feel they are a little patronising and whenever I wanted to speak she spoke over me. Also she was getting a bit ratty with me saying that I was stupid for not keeping records and stuff. I am stupid but when you've just lost ur car its the last thing you want to hear I've already gone over the what ifs a million times in my own head.

 

She was also a bit arrogant I was thinking on goin to a different branch?

 

Your right a solicitor is probably a better idea but I think big companies get a bit of a fright when they hear "trading standards" No? :-|

 

Thanks for your help it's much appreciated x

[kyleypie21]

Kyleypie.

please dont send a copy of your insurance to them trading standards do not help alot they look for the easy way out. (they will not fight your case) if you send your insurance details to citroen they will claim on the legal side of your insurance policy. then goes your no claims. trading standards help but a solicitor fights.

 

Sorry cctv Im a bit confused now, if they claim my insurance will I still get my car back? Or are they only claiming the insurance to recover their legal costs and I may still not get the car back?

 

Thank you x

[Markiemark1]

I'd fill out the questionnaire, (though may be worth checking the questions and answers via someone on here before sending!). Also, a thought on insurance...many people have legal cover including on their house insurance policy or at least a 24/7 legal helpline. Why not give them a bell and see if they will help?

 

I've certainly never heard of a finance company being able to recover the value of the car from the third party's insurer before!

 

HTH

 

MM

[Vauxhall Girl]

Now there's a thought, Mark.... a phone call to my insurers in the morning, me thinks. Pretty sure i have a legal section added on.

[Vauxhall Girl]

Got a phone call from the finance company this morning.... they are rejecting my claim of "first innocent buyer" under the HP Act of 1964, because the guy who sold it to me knew it had outstanding HP!

 

Am calling Office of Fair Trading in the monrning, and my car insurance, who said they were prepared to fight for me about this.

 

Any thoughts?

[Vauxhall Girl]

Mark, thank you for mentioning about my insurance... it seems i am covered on the Legal side, for this, and they are going to go ahead and fight for me.

[rcl]

any progress ? do they nominate a solicitor for you or do you get to choose one ?

 

whats the next step ?

[Vauxhall Girl]

I am not sure yet, rcl. They said they would give me the details in an email, and that hasn't arrived yet. Will let you know.