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

[labrat]

personally hotwire id ignore seanG79, he appears to be trolling for reactions

 

stick to the advice of other members and you should be fine

[SeanG79]

personally hotwire id ignore seanG79, he appears to be trolling for reactions

 

stick to the advice of other members and you should be fine

 

Haha I'm trolling for nothing, I just know from working with banks on a daily basis that accommodation/fronting which has occurred in this instance is not allowed.

 

Call the bank as an anonymous customer enquiry and ask their new business team/customer service department what their stance on fronting/accommodation is.

 

I wish hotwire the best of luck, but doubt he has much chance of getting anywhere as was technically in breach of the T&C's

[hotwire]

Thanks again for your replies,

 

When my friend signed the agreement he was aware of the fact that the vehicle is for me. So was the garage. The garage agreed to it.

 

Clause 5.3 is fine I totally understand it.

 

My friend did not abandon the vehicle, sell it to me or transfer it to me in any way or form.

 

The v5 was registered in my name by the garage from the day of purchase.

 

Purely the garage is at fault.

 

If my friend had transferred the v5c to my name after the purchase then it would be breach of contract.

 

And as for possession and control of the vehicle he actually had 1 key to the car as well as I did.

 

He also used the car when he wanted to at his leisure so he did have control and possession of the Goods as we only live 2 streets away from each other.

 

Many thanks hotwire

[SeanG79]

All I can say is good luck, and I hope you come right.

 

You know as well as I do that this agreement was accommodation/fronting, as I'm sure the dealer also did but the bank were not aware. The fact that the V5 was registered in your name and not your friends who took out the finance is confirmation of this. I don't think your argument will stand up but for your sake I hope it does.

[hotwire]

Thanks seang79,

 

I'd just like to ask that who's responsibility is it to notify the finance company

and forward all the documents to them when purchasing a vehicle from a garage which is selling the financial product.

 

Is it the financer's the registered keeper's or is it the garage's responsibility?

 

If a customer was advised that it is absolutely fine to do exactly what me and my friend have done by the person selling the financial product

and for him to also fill in all the paperwork himself and then not advise the finance company about how he has made the sale who is at fault?

 

Clearly me and my friend had no contact or communication with the finance company.

 

Trading standards have said the garage has clearly mis-sold the finance deal to the both of us.

 

Many thanks Hotwire

[SeanG79]

It will be the dealer if he is aware of the fronting (in this case he was) and it will be your friend as he has signed the T&C's which have been breached. I would say in the eyes of the bank it would appear to them that both parties have colluded to deceive them. Irrespective of who they hold accountable it will be within their rights to terminate the agreement.

 

The dealer will probably blame your friend and say he was unaware of the accommodation/fronting. Are you able to show that the dealer was the one who completed the V5 and that he was aware from outset that your friend was fronting the finance for you. If you can prove this, you may be able to pursue the dealer further via OFT/Trading standards.

[hotwire]

Thanks SeanG79,

The only proof I have is the green slip which is the new keepers supplement which has the dealers handwriting on.

 

And I have spoken to dvla and they have advised me that they can provide me with a copy of the v5c application made to them which the dealer also filled in.

 

Just to point out again

 

the dealer filled in the blue part of the v5c with my details to be the registered keeper but yet at the same time the green slip

which is the new registered keepers supplement he filled my friends details on there.

 

I think he did this to try and cover up his footsteps and he also denied filling in any of the v5c once I confronted him with this problem.

 

But it has his handwriting on both parts of the v5c.

 

He also tried to blame it on me that I filled in the v5c and then he changed his story saying it was one of his admin guys that filled it in.

 

Which it clearly could not have been because he filled it in front of me as he took my signature on the v5c to be the new registered keeper.

 

Many thanks Hotwire

[Let Them Knock]

It is the dealer who is deep in the cakky here.

 

Two honest friends approach a motor dealer with a problem and seek his professional advice. He gives it and they follow it. He is obliged to be honest with them (CPUTR 2008) but he isn't. There is no fraud by the two honest friend because there is no INTENT to defraud.

 

The dealer has defrauded Close by submitting a dishonest application - they WILL nail him for the amount they paid out to him - about that have no doubt.

That will give them their money back so they should then refund to the other party (your honest friend) all payments he has made because they (Close) cannot profit from the fact that the dealer committed fraud.

 

The dealer will (probably) do everything he can to minimise the crap because he is in fear of losing his Consumer Credit Licence.

 

If a deposit (or trade-in) was part of the deal the car dealer should also (with the 'help' of the courts, if necessary) pay it back to the honest customer.

He committed the fraud, he took the profit, he is in deep cakky.

 

All in my opinion, of course, but I did own a car dealership for seven years.

[SeanG79]

You are correct in everything you say EXCEPT, the dealer will in all likelihood deny all knowledge of the fraudulent act and claim that he was an innocent by-stander. It then ends up a he said/she said scenario and the customer is ultimately the guilty party for signing an agreement with information they knew to be false...

[Let Them Knock]

You are correct in everything you say EXCEPT, the dealer will in all likelihood deny all knowledge of the fraudulent act and claim that he was an innocent by-stander. It then ends up a he said/she said scenario and the customer is ultimately the guilty party for signing an agreement with information they knew to be false...

 

Hard for the dealer to claim no knowledge as he filled in the v5c with one name and the v5c2 with a different name. Close are not fools, and it won't be the first time they have encountered this scenario.

 

Also, let's remember that the payments have been made on under this agreement so any fraud here would have to be committed by the dealer, fraud needs intent and (potential) gain.

 

IF the two friends did this without the dealer's knowledge (which I seriously doubt) the worst charge they could face would be gaining a pecuniary advantage by deception (and the associated conspiracy, perhaps). But how the devil could any of that ever be proven?

 

The dealer is in a hole and he will know that. If he has an ounce of sense he will stop digging. Close have probably already debited his account with the sale price, hence they are not actively pursuing the buyer.

 

Again, all in my opinion, of course.

[hotwire]

thanks for your replies guys.

 

As it stands my friend is being bombarded with letters from close motor finances solicitors.

 

i myself arranged a solicitor for me and my friend and all that happened with him was he took on the case and took payment from me

and a few weeks later handed the case back to me saying it will be a conflict of interest if he was to act on my behalf and my friends at the same time.

 

cutting it short he made his money and left me in the problem.

 

while he had the case he took written authorisation from me and my friend to act on our behalf

and he said he contacted the finance company on numerous occasions

and also the garage involved but they would not reply to him.

 

What can I do guys please

 

any way i can stop these solicitors taking legal action which they are threatening to do.

 

they have not once even acknowldged the fact in any letters or stated that they have repossessed the vehicle due to this logbook issue

but yet they have gone and sold the car and are now demanding for the shortfall.

 

please any help is much appreciated.

 

thanks hotwire

[dx100uk]

i am told that as this agreement has now been proved as fraud

you should be demanding ALL your payments back.

 

i bet the letters are simple threat-o-grams.

 

scan it up:

 

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!!

'

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 OR USE SEE THRU TAPE OR LABELS]

DO NOT USE ANY PDF EDITOR TO BLANK STUFF, THAT CAN BE REMOVED

DO IT IN PAINT.EXE or any photo editing program

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

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

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

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

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

[hotwire]

thanks dx100. i will get these scanned and uploaded as soon as possible. i am away from home so it might be by the weekend. and also a lot of the paperwork is still with the solicitor which i need to collect back off him. also they have threatened for an attachment of earnings and legal action and a doorstep visit. where do i stand in regards to these threats?

 

many thanks hotwire

[dx100uk]

exactly THREATS

 

me thinks they know all too well.

 

hit back time for you me thinks

 

dx

[hotwire]

ok thanks mate. will get this posted up asap.

 

cheers hotwire

[hotwire]

Ok just a quick update. I collected paperwork from solicitors today but there is no copies of the correspondence he sent to the finance company or garage basically all he has given back to me is what paperwork I gave have him. Am I able to ask for the letters he sent or shall I say he claims to have sent to the finance company and garage?

He has clearly charged me for written correspondence as well as numerous calls to myself and both the garage and finance company.

 

Many thanks Hotwire

[Surfer01]

Seems a dubious solicitor that you employed and maybe he has done nothing. As you have paid the solicitor you have a right to see the correspondence.

[hotwire]

Thanks for all your replies guys.

I am uploading the letters i have got in the post since this has all started.

 

please note that their is no mention from close motor finance that they have repossessed the vehicle

or as to what happened or why the took the car back.

 

Although they have sent me confirmation that they have sold it on.

 

please advise me as to what i can do further and get this matter sorted.

 

 

many thanks in advance and sorry for the delay in uploading the documents.

 

Hotwire

[hotwire]

the next 5 letters.sorry if i have done this the wrong way.

[hotwire]

my docs to date

[dx100uk]

have you the agreement too?

 

those are threat-o-grams

 

read them properly

 

if, instructed, could, might, etc etc

 

nothing to worry about at all

 

dx

[hotwire]

Thanks for sorting that out for me whoever did it. there was one letter which has been removed it is named letter2 04-01-2013. Thanks for removing the double.

 

many thanks Hotwire

[hotwire]

thanks dx100,

 

i have uploaded the agreement earlier on in this thread. or is it something else you are asking for.

 

Thanks Hotwire

[dx100uk]

did you silly me i'll grab that too for the merge then

 

letter 2 and letter 04-01-2013 are identical.

 

dx

[dx100uk]

ive reopened the post so's you can check

 

dx