Brought a car privately! was repossessed due to o/s finance?? I knew nothing!!

[lady21]

Please help

My husband brought a car from a guy advertising via gumtree!

We registered the vehicle!

 

Today when went out to the car to drive my daughter to school noticed vehicle had been clamped!

Then a person got out a van parked in front who informed us they had clamped it as the vehicle has outstanding finance and belongs to cash capital and should never have been sold to us!

The person I brought it from is not the same person who owe the debt to the finance company!

They took vehicle away so I'm now at a massive loss having no vehicle and obviously the money I paid for it!?!

How to i go about getting my money back? Or do I not stand a chance

[mikeymack2002]

First of all report this to Gum tree. if you know the name and address of the seller then issue a claim in the County Court to reclaim the monies you paid for it. Also you may wish to contact the Police on this matter and ask them to look into the fraud by the seller....

[lady21]

Thank you will report to Gumtree and have the address and phone number for the person so will look into county court.

I contacted the police and they was not interested

[king12345]

This will not help the op, but perhaps cold be modified, improved, updated to benefit others.

When buying a car is essential to:

1. Do an hpi check before handing money over (£20 for piece of mind)

2. Beware of "dealers" meeting you in car parks or any place that it's not their home.

3. Check V5c details against car (number plate, chassis number front and back, engine number if possible)

4. Check owner identity. A genuine private seller will have no problem showing id and proof of address matching the V5c

5. If buying from a "street dealer" you will definitely need strong proof that he's entitled to sell the car

6. Make sure you and seller sign a sale contract stating date and time of transfer, just in case they got a speeding ticket an hour before selling the car to you.

7. Private car sales have little or no protection against faults (sold as seen) so if you're not confident take a mechanic with you, you will not regret it.

8. Make sure you're covered by your insurance to take a test drive. Usually you would be if you have comprehensive insurance.

9. Do take a test drive. A beautiful car might have clutch, gearbox or brake problems that will only be apparent when you drive the car.

10. If in doubt about anything, leave it. There are plenty of cars for sale.

 

Lots of similar info and more details are available on the net, so please document yourself and spread the word.

If moderators allow it, a checklist could be compiled in order for the mechanically minded to not miss anything when inspecting a car.

Good luck

[Conniff]

Where a motor vehicle is subject to an HP or conditional sale agreement, while the vendor does not own it and has no right to sell it, a private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it.

 

Hire Purchase Act 1964.

[king12345]

Conniff as usual comes up with a legal solution to the problem

[SeanG79]

Where a motor vehicle is subject to an HP or conditional sale agreement, while the vendor does not own it and has no right to sell it, a private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it.

 

Hire Purchase Act 1964.

 

With the "finance company" being Cash Capital, it sounds more like a log book loan than a Hire Purchase Agreement.

[Conniff]

With the "finance company" being Cash Capital, it sounds more like a log book loan than a Hire Purchase Agreement.

 

If that is where the finance is owed, then the regulations don't apply. Log book loans are being looked at with a view to change bringing them in line with HP, but that doesn't do the op any good if it is a log book loan.

 

Can you confirm that for us please lady21 ?

 

If that is the case then any action will have to be against the seller, there will be no help from a tight, high interest rip-off log book loan company.

[lady21]

I'm not actually sure guys I will look into and get as much info as possible asap.

Thanks

[scaniaman]

Thank you will report to Gumtree and have the address and phone number for the person so will look into county court.

I contacted the police and they was not interested ��

Re Police. You may have to visit police station and DEMAND to see a senior officer. We hear all to often that police are not interested but there has obviously been a crime taken place here.

It's a wonder they didn't give you the opportunity to pay the outstanding amount before carting the car away.

Also, presume you paid all money for car in cash!!!

[lady21]

Hi,

When I contacted Cash Capital they did give me opportunity to buy it back from then for £1088 even though the person owes more that that apparently and its occurring interest each week!

I obviously already paid for the car in cash

Conniff I'm not sure if it's a log book loan? I will try and call them tomorrow and see if I can find out. There name is not on the vehicle document.

[postmn]

also its not unheard of for someone to sell it on when they suddenly find it has unpaid finance on it . might be interesting to see the last change of owner on the v5

[theoldrouge]

Will be a lbl , car probably sold on a few times

 

Since the original fraudulent sale

 

Your best , and probably only resolution will be to negotiate

with the lbl co as hard as possible

for a settlement figure

[lady21]

I've tried to negotiate with Cash Capitlal but they will not accept any less than £1088 which is just not possible as recently had a baby!x

 

What are my chances on issuing a claim to county court and does it cost me anything?x

[theoldrouge]

Unless you're on a very low income

yes there will be an outlay which

could become quite considerable

if the claim is defended or any

judgement required enforcement

 

You would need to establish

whether whoever you were suing

owned property or assets or had an

income from regular employment

 

Tbh your best prospect is to try and raise

some funds to make an offer to the lbl co

 

How much did you pay for the car

and what do you estimate its value to be?

[konark]

You need to find out the name of the person who took out the logbook loan,

then find out which owner they were.

 

 

If they were owner 3 and you bought from owner 6 it muddies the waters a bit.

 

 

Makes you wonder why the company didn't repossess from owners 4 ,5 and 6.

 

 

Where did the person who sold you the car live?

 

 

Was his name on the V5.

 

 

You can sue them for your loss,

obviously if they're the type who sells moody motors you might not get much even if you get a court judgement in your favour.

 

HPI don't always pick up on log-book loans.