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jillc1982

car sold and not been given money to pay finance off!!!

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my fiance was told by a business contact that he would sell our car for him on his car yard to try and get more for car than selling it ourselves. we therefore gave hime the car but kept the v5 logbook and set of keys. after a few months he sold the car but has not given us payment yet and i am still paying finance on a monthly basis. today i got a phonecall from the finance company who have said that someone with a different name than mine has tried to tax the car and therefore asked if i wasnt in possession of the car anymore which i had to admit yes and tell the above story. they have said that they will be putting a default on me in 17 days if it isn't paid off or if they do not receive the car. what can i do? i have kept payments up to date, the guy who sold it promises every month that i will get payment but surprise surprise no havent had it yet. can they default me even if it is up to date. i am really worried and upset about this. your help or suggestions would be greatly appreciated

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hiya and welcome to cag,

 

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thanku, just need advice asap. the police have said it is a civil matter since we gave the car willingly and need to contact a solicitor

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OK, as I see this your 'friend' has sold the car through his business and has kept the money. that is called deception. I would simply report the car as stolen. the new owner will be stopped in the car or get a home visit. the car will then be recovered and returned to you the rightful owner. The person who bought it will have to sue the dealer for a refund.

 

Bottom line: It was not the dealers property to sell.

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How would the finance company know that some one else had tried to tax the car

 

the vehicle cannot be legally sold as its on the hpi register with ouit the finance co permission

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The finance company must still be the RK, which is unusual as it is normally the legal owner, but the RK is usually the person who 'bought' the car and drover it. It can lergally be sold, but only if the finance company is paid off imeediately - which is what any reputable dealer would do to prevent this exact situation. By not doing so, they have as said sold a car that was not theirs to sell. Technically the OP could be implicated in the deception.

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The finance company must still be the RK, which is unusual as it is normally the legal owner, but the RK is usually the person who 'bought' the car and drover it. It can lergally be sold, but only if the finance company is paid off imeediately - which is what any reputable dealer would do to prevent this exact situation. By not doing so, they have as said sold a car that was not theirs to sell. Technically the OP could be implicated in the deception.

 

:???:

 

The RK dosn't have to be the the 'legal owner' if thats what you are trying to say. I too wonder why/how the finance co have become aware of someone trying to tax the car.

 

In any event, this sounds like 'obtaing money or services by deception' which is contary to the theft act so it certainly is a matter for the police. Does the OP still have insurance on the car?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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No, I am fully aware of the difference of legal owner and registered keeper. Often the same person, but when it comes to finance it is usually the person who 'bought' the car who is the RK as in you and I rather than the finance company, although they legally own it until the finance is settled.That is why it is a little unusual for the finance company to be aware of taxing issues.

 

It is quite proper and normal to sell the car to a dealer or even to use a dealer to sell it for you, however that dealer has no right to sell the car on before finance is settled as pointed out above. Any normal dealer would do an HPi and discover the finance outstanding BEFORE buying the car and would be obligated to 'buy' the car from the financer.

 

In this case that hasn't happened and the dealer has simply sold a car they are not entitled to. Definitely a criminal offence and a reasonable possibility of the 'owner' being prosecuted too if the finance company pushes in that direction unless they are happy I belive we are here, that the OP is an innocent victiom in this.

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Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.


Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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