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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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      Hi With the Section 21 Notice I do hope the Landlord issued you with: Energy Performance Certificate (EPC) for the Property How to Rent Guide A current Gas Safety Certificate (if gas in the Property) If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence) Have a good read of this link: Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK WWW.GOV.UK Information for landlords in England on tenant eviction: assured shorthold tenancies, including eviction notices, Section 21, Section 8, accelerated possession, possession orders, bailiffs  
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    • Easywayout
      IDRWW/J&P - Emirates (HSBC) loan/Card

      By Easywayout · Posted

      Hello All,  I’m hoping someone can help me urgently here. Firstly, I’d like to say I have read multiple other threads and have some what an idea of what I should be doing, however my case might be slightly different so coming with my own questions here.    my situation is I lived in Dubai and had a credit card and a loan, loan with HSBC and credit card with Emirates (or the other way round), I lost my job and was forced to leave the country as I was staying in the country on my companies visa.    since coming back, after a few years 2 different debt collections agencies have been approaching me (one being IDRW and the other J&P). I’ve never answered IDRWW and they constantly chase me by calling and messaging me and my employer. My current company is ok with this as I explained the situation but I’m soon to be joining a new company who definitely won’t be ok with being messaged and called. I’m afraid to continue to ignore them as they may message and calm the new employer as they have before and I’ll lose my job. However, it seems clear from these forums that dealing with the debt collection agencies is never a good idea. You shouldn’t agree to the amount or pay anything.    j&p caught me on my phone but I still haven't sent them any money or confirmed the amount they’re saying is owed, they keep pushing to pay off the “principal” amount by making monthly payments, from reading these forums it seems like if I make one of those payments (they have provided bank details for ENBD), then it’ll just be paying off interest and not actually clearing the principle debt and the bank won’t even approve receipt of payment or that it’s coming off principle.    this is my predicament as ignoring them might not be an option if they chase my new employer. Maybe there’s a way to ensure the debt collection agency don’t contact my new employer?? I don’t know? Massively appreciate peoples help here. Thanks, 

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Help Needed! I've bought a car which has outstanding finance!!!

Lewiso1989

By Lewiso1989
in General Motoring Issues

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Lewiso1989

Lewiso1989

Posted
Posted

I have recently purchased a bmw 3 series for £5500 in good faith. only to get a letter after a month stating that the car is owned by first response finance company! i have recently sent them back the questionairre believing i was helping them with their enquiries in order to track the person who owes them money. However, they are now saying to me they want me to give them the car basically. i hope i have some rights as i have the log book at least to prove i am an innocent buyer but they say this isnt enough. i did a hpi which later turns out to be a car check and doesnt say if the car is on hire purchase agreement. but i thought this would state that. what should i do now??

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Lewiso1989

Lewiso1989

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I have recently bought a car which later turned out to be still on finance. i have the log book and bought it on autotrader. i am now being pursued by the finance company for the vehicle who basically dont believe i have bought the car in good faith. they havent issued any court orders or repossesion orders yet but im sure they are going to start. what solicitor would i need to contact?

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renegadeimp

renegadeimp

Posted
Posted

What did the HPI check state? If it said no finance, ask this finance company to prove it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Lewiso1989

Lewiso1989

Posted
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Posted
What did the HPI check state? If it said no finance, ask this finance company to prove it.

 

It was 83600 car check. this came up when i typed hpi text check in google. turns out this only says if stolen or written off.

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renegadeimp

renegadeimp

Posted
Posted

Ok. Next question. Did you buy it from a dealer or private?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

renegadeimp

Posted
Posted

Ok. You need to write to the person who sold it you and tell them concisely what has happened and you want a full refund of your money. Failure to refund your money in 7-14 days ( your choice) means you will be taking legal action in small claims to recover your money.

 

I assume you have the sellers details and picked the car up at their home address and not a car park somewhere?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Lewiso1989

Lewiso1989

Posted
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Ok. You need to write to the person who sold it you and tell them concisely what has happened and you want a full refund of your money. Failure to refund your money in 7-14 days ( your choice) means you will be taking legal action in small claims to recover your money.

 

I have the sellers address but only from the log book. i was meant to reach him at his house but i couldnt make it. so met him near his work!

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renegadeimp

renegadeimp

Posted
Posted
Ok. You need to write to the person who sold it you and tell them concisely what has happened and you want a full refund of your money. Failure to refund your money in 7-14 days ( your choice) means you will be taking legal action in small claims to recover your money.

 

I have the sellers address but only from the log book. i was meant to reach him at his house but i couldnt make it. so met him near his work!

 

That is very suspicious. Jam could be right here. You need to make sure the car was actually his. Send the letter as advised first thing tomorrow and see what comes back.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Riz0

Riz0

Posted
Posted

Someone who deals with commercial/civil litigation/debt recovery type work.

 

As far as I am aware, even as a bona fide purchaser you are not protected when it comes to vehicle finance. I may be completely wrong though.

 

Do you have any evidence of the sale? Proof of payment? receipt/invocie?

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  • 4 weeks later...
garrycavell

garrycavell

Posted
Posted

i was always told that when a private purchaser buyes a vehicle and it turns out to be on finance that the finance company cant reposes the car only when the vehicle is sold to a motor trader the trader is liable,not 100% sure but i do know a few people that this has happened to ,take more advice,

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garrycavell

garrycavell

Posted
Posted

a friend of mine bought a car not knowing it was on finance and went to court and won the case,and i didnt meen if the trader bought it knowing it was on finance,but some cars do slip through the net ie dont get registered with hpi straight away then the trader buys it and is liable

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steampowered

steampowered

Posted
Posted

It depends on the type of finance.

 

If it is hire-purchase, a private buyer who buys the car in good faith will get good title to the car regardless of the finance, and regardless of whether the HP was registered with HPI. Refer to http://www.legislation.gov.uk/ukpga/1964/53, section 27.

 

If the car is leased, the analysis is a bit different. If the car was bought from a trader the op would probably be protected (refer to s1 Factors Act 1889), if bought from a private seller then not.

 

This is why it is important to ask the finance company for a copy of the document on which they are basing their claim.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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garrycavell

garrycavell

Posted
Posted

i think your wrong there

The car is owned the by the finance company until it has been paid for. So they can repo it from who ever they want.

 

A dealer/trader would be silly/thick to take a car in with outstanding finance unless it is getting settled.

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Billy's mate

Billy's mate

Posted
Posted

Handing over that kind of money without a full HPI check is asking for trouble, especially as you didn't go to the seller 's house. The address on the registration document may not be his, and he's got clean away with your money. The car belongs to the finance company and they will want it back. This happened to my brother in law,and he had to pay to get the car back from the finance company.

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Ethel Street

Ethel Street

Posted
Posted

Lewiso1989, is there any update on this?

 

Asuming what others have said is right and you end with no car and without getting money back from seller it is a criminal fraud on you by the seller and you should go to the police. Whether that ultimately gets you any of your money back only time will tell, but if the seller is prosecuted you'll at least have the satisfaction of knowing the seller hasn't got clean away with it.

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