Jump to content


car repro'd, say they can as payee is not on the V5? - HELP!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3025 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi guys,

I took a vehicle on finance a few months back.

 

What actually happened was a friend of mine took the finance out in his name and the v5 logbook was registered in my name.

 

The dealer where I purchased the car from agreed to do it this way and he also confirmed it many times and he was the one who actually filled in the v5.

 

The finance company came to know about this and have repossessed the vehicle and are demanding the vehicle be paid in full or they will terminate the agreement.

 

I have had the vehicle for 5 months now.

 

Any help as to what I can do in this situation is much appreciated.

 

Many thanks in advance.

 

Hotwire

Link to post
Share on other sites
  • Replies 81
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

strange

 

cant see why that is a problem

 

i've financed vehicles whereby i'm not on the V5.

 

where was the vehicle taken from

road or privately owned drive?

 

dx

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... 

Link to post
Share on other sites

It was taken from outside my house on the road and they turned up at 9pm and requested the keys or else they were going to call the police if I did not give the keys.

So I did.

 

But I demanded a reason which they would not give

saying they were just instructed to collect by the finance company.

 

I asked them to ring there office or get someone on the phone to explain why they are taking the vehicle

so they rang there boss who explained to me that it was due to the fact that my friend had not bought the car for himself

but for me instead which apparently is not allowed.

 

I told them that the garage had allowed this and he confirmed this was ok and the boss said that the garage would do anything to make the sale.

 

I had to hand over the keys and was told to call the office the next morning which I did

and they are being very rude and abrupt and say they will not return the car until full payment is made of the outstanding balance or they are terminating the contract.

 

Many thanks for your replies Hotwire

Link to post
Share on other sites

shame

 

you do know they had no legal rights to take the car

 

they were repro guys

just like a dca

NO LEGAL POWERS

WHATSOEVER

 

any how its done now.

 

i'm not up on the finer issues of the rest of it

 

so i'd await the usual contributers to post

 

dx

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... 

Link to post
Share on other sites

I know I came to know later on that they couldn't have taken it. But thanks for ur replies. Hope I get some advice quickly because I don't want them to put anything against my friend and also it has put me in a very difficult position with my expecting wife and kids and not having a car.

 

Many thanks Hotwire

 

P.s. any further help or input from anyone much appreciated. Thanks in advance

Link to post
Share on other sites

Have the repayments been kept up to date? Our car is on finance in wy wife's name, but the car is registered to me. As long as payments are up to date there should be no issue. BTW who are the finance company?

Link to post
Share on other sites

The finance company is close motor finance. The payments are upto date. One direct debit payment never went through but was paid by card with seven days as the finance company asked. Thanks for your reply. Any help or information much appreciated.

 

Many thanks Hotwire

Link to post
Share on other sites

i've slightly changed you thread title

and put this in the motoring forum

 

to see if we can get hrlp

 

dx

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... 

Link to post
Share on other sites

Ok thanks mate for that.

Please can any help or advise as I don't have much time as to what I can do.

 

Will they sell the car?

 

Will they write to the payee first?

 

Will the payee be liable for the remainder of the finance?

 

Many thanks

 

Hotwire

Edited by hotwire
Link to post
Share on other sites

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

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... 

Link to post
Share on other sites

If payments are up to date, there is no way they can repossess the car. I would suggest you get in touch with a solicitor very quickly to prevent any further action. Cost of solicitor can be reclaimed from Close Finance as they are acting illegally.

Link to post
Share on other sites
If payments are up to date, there is no way they can repossess the car.

 

Yes they can. The OP, his friend, and the dealer have colluded together to defraud Close by pretending the vehicle was for the friend when it was not. No doubt the OP couldn't get credit in his own name. In these circumstances, Close are entitled to avoid the agreement which they have done by repossessing the vehicle.

Link to post
Share on other sites
Yes they can. The OP, his friend, and the dealer have colluded together to defraud Close by pretending the vehicle was for the friend when it was not. No doubt the OP couldn't get credit in his own name. In these circumstances, Close are entitled to avoid the agreement which they have done by repossessing the vehicle.

They need to prove fraud. I am at a loss how you have been able to come to this fantastic conclusion and decided that both parties are guilty. The finance company have suffered no loss? How is it fraud and what they have done is not fraud by definition. If it is, then my wife and I are also guilty of fraud in your eyes along with millions of other motorists.

Link to post
Share on other sites

yes i've done the same over numerous cars in the last 25+yrs

 

and we weren't at the same address nor have the same surnames!!

 

dx

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... 

Link to post
Share on other sites

They don't have to prove fraud, just misrepresentation by their customer.

 

The OP can tell his own story but no doubt this is an accommodation deal where one party can't get credit so someone else does it in their name.

 

Close will have entered the deal on the basis that their customer would be using the vehicle, not someone else with a completely different credit profile.

 

I know that accommodation deals are very common, and most finance companies would live with it if the agreement is up to date,

 

but if Close choose to avoid the agreement for misrep that's their right.

 

It is irrelevant whether they have suffered a loss or not.

Link to post
Share on other sites
They don't have to prove fraud, just misrepresentation by their customer. The OP can tell his own story but no doubt this is an accommodation deal where one party can't get credit so someone else does it in their name. Close will have entered the deal on the basis that their customer would be using the vehicle, not someone else with a completely different credit profile. I know that accommodation deals are very common, and most finance companies would live with it if the agreement is up to date, but if Close choose to avoid the agreement for misrep that's their right. It is irrelevant whether they have suffered a loss or not.

 

How is it misrepresentation as the OP told the dealer what was happening? As per OP's first post "The dealer where I purchased the car from agreed to do it this way and he also confirmed it many times and he was the one who actually filled in the v5. " No ways does Close Finance have any right to take the vehicle away becasue it si registered to someone. Reading through their terms and conditions, nothing is mentioned about the vehicle having to be in the name of the person paying the finance.

Link to post
Share on other sites
How is it misrepresentation as the OP told the dealer what was happening? As per OP's first post "The dealer where I purchased the car from agreed to do it this way and he also confirmed it many times and he was the one who actually filled in the v5. " No ways does Close Finance have any right to take the vehicle away becasue it si registered to someone. Reading through their terms and conditions, nothing is mentioned about the vehicle having to be in the name of the person paying the finance.

 

Er the dealer is not Close, doesn't work for Close, and doesn't go round finding business for Close. The dealer acts on his own behalf and finds business for himself. As I said before, the three of them collectively deceived Close by presenting the transaction as something it wasn't. Close would never have dealt with the OP who would presumably have failed a credit check. Whilst their terms and conditions might not say anything about whose name is on the V5, I bet you'll find there's a requirement for the hirer to keep the vehicle in his possession. No doubt the dealer is the main culprit here and I doubt Close will ever deal with him again, but the contract is still tainted with the misrepresentation.

 

Put yourself in Close's shoes. If you lent your valuable vehicle to a trusted friend and then discovered that, without telling you, he had himself immediately lent it to his mate about whom you know nothing, other than that he has money problems and who you would not dream of lending your car yourself, what would you do?

Link to post
Share on other sites

Ok guys sorry for no reply. And thanks for all your replies. I have just got back from work and will be reading through the post properly and will reply as soon as I can and action any requests of documents requested. Thanks again to all for your input and help.

 

Many thanks Hotwire

Link to post
Share on other sites

hi guys,

 

please find attached the terms and conditions as requested.

 

i have read through this myself but could not find anything concerning my issue other than clause 5.3.

 

Just to let you know me and my friend did not have any intention to commit any fraud in any way or form.

 

Yes the reason for taking this action was because i have a poor credit rating.

Obviously what other route could i have taken.

 

The trader from the garage knew this very well and had he said to me at the time that it is against any law or rule of the finance company

then i would not have gone ahead with the deal.

 

Trading standards have said to me that because the trader had agreed to it and that he himself had filled in the documentation

it is his fault because he has mis-represented the finance to me and my friend under the credit consumer act of 1974 section 56.

 

Please can anyone shed any light on this.

 

Also it only came to my attention once this situation occurred tha

t the blue part of the v5c logbook was filled in with my details

as requested and approved by the trader whereas the green slip i.e. the new keeper supplement was filled in with my friends details.

again this i believe is not right.

 

he has tried to cover his tracks by doing this and would like to know is can i hold that against him?

 

and just to confirm the trader filled in all the paperwork including the complete v5c logbook both parts.

 

Had the trader not allowed or agreed to this then the v5c woul;d have been registered in my friends name.

 

His handwriting is on the new supplement green slip and is also on the blue part of the v5c and i have asked dvla for a copy of this which i need to apply for with form v888.

 

Thank you very much to all your inputs.

 

Many Thanks Hotwire

 

p.s. sorry for uploading the docs upside down apologies. pls rotate to read.

Link to post
Share on other sites

Yes clause 5.3 is the one.

 

I am sure you did not intentionally attempt to deceive Close and that this was all driven by the dealer,

but the net result is the same i.e. the deal presented to them was not the actual deal.

 

I don't agree with Trading Standards about section 56.

 

That section makes the dealer the agent of the finance company for certain purposes,

but one of those purposes cannot be to deceive the finance company.

 

if Close have avoided the agreement there is no contract for the Consumer Credit Act to apply to in the first place.

 

Close will probably force the dealer to take the car back and refund the advance, so it might be that you and your friend will hear no more.

Link to post
Share on other sites

Thanks Gaston,

Trading standards have said something along the line that the trader has mis-sold the finance

and because he selling a finance product for close motor finance, he is responsible under that section.

 

To be honest they mentioned so much jargon half of which i never understood

along the lines of him having a consumer credit licence and being with the financial services authority and so on.

 

Also we have had this agreement in place for the past 5 months and have made payments since then.

just to let u know.

 

so will they just forget it and let it be or will they chase for the remainder of the finance and keep the vehicle.

 

i dont want anything going against my friends credit file because of this.

 

many thanks hotwire

Link to post
Share on other sites

the last conversation with the finance company was last Friday where they said on the phone that they are terminating the agreement

and not giving the car back or if I wanted the car back then I have to pay in full what the settlement figure is.

 

Will I be pursued or rather will my friend be pursued for the finance even though the car has gone back.

And if not paid will it go against his credit file?

 

Also do I have a case against the trader or not?

 

Please can someone help me out as to what I can do next.

 

I haven't come across anywhere in close motor finances term that you can't finance a vehicle for anyone else or register the logbook in anyone else's name.

 

Yes clause 5.3 states what it does but trading standards have said that that clause does not count because he never sold it to me

or transferred it into my name as it was in my name from day 1.

 

Also the garage put the deal or whatever paperwork to the finance company so if he mis-represented it to close

and also lied to us and mis-sold it to me and my friend can I not take it further?

 

Can I fight for the car back ?

What are my chances of getting it back?

 

Many thanks Hotwire

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...