Took Finance on Car with Outstanding Finance

[Joppsta]

So to cut a long story short

 

I part traded/took finance out on a car with outstanding finance on it about a month or so ago.

 

The car was used and had some work needing done to it which was arranged with the dealership at the time.

 

I have since put the car into the dealership and it was sent to a garage nearby to have works completed.

 

I have been contacted today by the previous owner who still has outstanding finance on it and they have collected said car from the garage it was being serviced at.

 

So if you look this car up on the AA website it has 2 finance agreements against it, one from a year ago and mine from last month.

 

My worry is that the car I part traded in towards this vehicle is going to be lost on top of the fact I have an agreement against my name.

 

Who has rights to the car in this situation?

The previous owner hasn't been paying for the vehicle supposedly (according to them) and it would seem that she traded this in to the dealer,

 

I assume with the intention of the dealer paying the finance off?

 

Any advice would be appreciated, I am absolutely furious at this dealer.

 

I should add that I was not made aware of any outstanding finance on this vehicle or that a key was with a previous owner even.

 

- Joppsta

 

"Motor Base Dyce" brings up the company, can't post links but it's the first result in Google.

 

This is the company in question, looking at the website I should have a warranty

 

"Will my new car have a warranty?

Your new car will have a 3mth/3,000 mile warranty whichever occurs sooner, (unless otherwise stated). You can choose the level of cover you require. Basic cover is provided free of charge."

 

But what this warranty entails is something I am unable to find so far.

[dx100uk]

Dealers problem 100%

 

Give them a shot across the bows to get the deal undone and your money/car returned

And the finance cancelled or you will involve the relevant authorities

 

Also tell your finance co. You wish to cancel the whole deal

 

Dx

[Joppsta]

Dealers problem 100%

 

Give them a shot across the bows to get the deal undone and your money/car returned

And the finance cancelled or you will involve the relevant authorities

 

Also tell your finance co. You wish to cancel the whole deal

 

Dx

 

I am expecting to have issues getting hold of this guy

 

however I did a bit of digging around and looked up the company on the gov.uk website. It's registered under "Northern Motors" Company number SC304494 and appears to have accounts overdue which I assume means debt.

 

I am worried about the company closing shop and losing everything. Going to be getting onto them tomorrow but just wanting to have a full picture on what to expect.

 

Would it be worth pursuing the sorting out of the deal so the other parties finance is no longer a factor (as evidently they didn't want the vehicle in the first place) and if that appears to be dodgy just tell the guy to stuff it?

 

I assume I'm going to be wanting this resolved within the week or I'm walking from the deal. I also looked it up and appears that I organised this all around 15th October.

 

Thanks very much for the information.

 

More information:

 

The other party with a claim to the vehicle traded in two cars for one (the vehicle in question being one of them) and is currently sitting with all three.

 

How that works I do not know but I am meeting them tomorrow to discuss this issue further before we both confront the dealer.

[dx100uk]

To be honest I'd be very careful here liasing with the previous owner

This almost smacks of fraud on their behalf

 

What outstanding finance do they have do you know?

 

If its a bill of sale or logbook loan or a previous finance to purchase the vehicle

Then it was not theirs legally to sell in the first place

and you could end up out of pocket with bugger all you could do about it

 

Might be an idea at least to involve action fraud or best the police

 

Sorry but this smells...badly

 

Dx

[Joppsta]

To be honest I'd be very careful here liasing with the previous owner

This almost smacks of fraud on their behalf

 

What outstanding finance do they have do you know?

 

If its a bill of sale or logbook loan or a previous finance to purchase the vehicle

Then it was not theirs legally to sell in the first place

and you could end up out of pocket with bugger all you could do about it

 

Might be an idea at least to involve action fraud or best the police

 

Sorry but this smells...badly

 

Dx

 

Yeah no worries I'm in total agreement that it smells very fishy indeed.

 

I checked the vehicle on AA seeing both my agreement and the other parties listed against the vehicle, this is how I know that there is at least something

 

. The finer details of it are a bit up the air at the moment but will update tomorrow once I know more and if any decision is made.

 

Once again, thanks for the reply.

 

EDIT: With regards to being legal to sell I believe what they will have done is organised a settlement figure with their finance (which is what I have done myself)

which in my case is meant to have been paid by dealer and is factored into my finance agreement on the new vehicle.

 

As it stands my previous agreement doesn't appear to have been paid by dealer (as I was charged for it last month) and as he recommended I have cancelled the DD.

 

I will contact the finance company direct and explain the situation to them also

 

. I'm still awaiting this £230 back from the dealer regarding my overpayment too.

 

Not sure if relevant but the more info the better I figure right?

Edited November 27, 2015 by Joppsta

[dx100uk]

It is a bit unfair to edit posts previous to some else's reply already posted

 

But I think you'll get this sorted OK anyhow

[Joppsta]

It is a bit unfair to edit posts previous to some else's reply already posted

 

But I think you'll get this sorted OK anyhow

 

Sorry was an afterthought and relevant to the post, was hoping to squeeze it in before another reply! And hopefully yes.

[Conniff]

This more than smells

I have been contacted today by the previous owner who still has outstanding finance on it and they have collected said car from the garage it was being serviced at.

How did they know you had the car and your contact details, why have they taken it back, are they now making instalments again. There cannot be two finance agreements on the one car.

 

It's now 9 o'clock, I trust you have been to speak with the police and contacted your finance company. Get back to the seller and get your old car back from him, take along a mate as support if you think there might be difficulty and don't be

fobbed off with any "I'm paying it today" type of excuse. If you car is not there, then this needs to be reported as a theft.

 

Gordon Reid Car Sales - Aberdeen

 

 

[ATTACH=CONFIG]60396[/ATTACH]

 

Neither Gordon Reid Car Sales, Motor Base Dyce or Northern Motors (Aberdeen) Limited are registered at companies house as far as I can see.

 

The warranty is of no concern. One you don't need a warranty and secondly you have more important things to hammer out.

 

Who is the finance company and what type of finance is it ??

Edited November 27, 2015 by Conniff

[ericsbrother]

the previous owner isnt the owner so they are Taking without consent. Report to police.

[Surfer01]

the previous owner isnt the owner so they are Taking without consent. Report to police.

The finance company are the owner of the vehicle in question. I would think that the first finance company is the owner.

[Joppsta]

Bit of an update, apologies for the delay.

 

Contacted finance/trading standards and was told that my finance contacted their finance to confirm it was OK to put finance against car.

 

Furthermore contacting their finance it appears they were never told to collect vehicle as they told me they were by finance.

 

Went to dealership after meeting with the other party and to cut a long story short the police are now involved.

 

From my understanding it seems she was driving my vehicle without insurance also (although she claims she's fully comp, not driving without my permission means it was without insurance correct?) and if it turns out she had no claim to the car she has technically stolen the vehicle from me also.

 

From what I can gather she simply walked into the garage it was getting serviced at and got the keys from said garage.

Not sure what relevance that has but it's great,

 

I might go into my local garage and see what swanky motors are kicking about and go for a joy ride eh?

 

Nonetheless I think my worries are for the most part resolved.

 

Do not know what possessed these people to go and attempt to reclaim a vehicle which they had no right to claim.

 

From my understanding their issue was with the dealer and finance, nothing to do with the vehicle.

 

Honestly raging, hopefully can get this fool charged with something because certainly needs a reality check.

 

 

TL;DR: Dealer and finance company did nothing wrong with my sale, was insane previous owner that doesn't understand how laws work that is problem.

[dx100uk]

You couldn't dream it up could you

[Joppsta]

You couldn't dream it up could you

 

You're telling me!