A car I bought privately still has outstanding Finance and staying In our house relies on selling it

[lanceneoman]

Hi All.

 

I bought my car back in November privately for £5500 cash.

I asked if there was any finance outstanding etc which they said no.

 

Just before Christmas I fell ill with my kidneys and now await an operation.

Unable to work and having started a new job I do not get sick pay losing £630 per week.

Now my rent is due along with lots of other bills.

 

I made the decision to sell my car, downgrade and use some of the money to left to pay off rent and essential bills.

I took it to a garage saw a car we liked.

Arranged to swap my car and get £1200 back.

The dealer checked my car out to find out there's an outstanding finance agreement.

 

I spoke to the creditor, who is Barclays personal finance who agreed there is an outstanding agreement

and they require some forms to be filled out which I have done.

 

 

I had to write down where I bought it.

How I paid.

If I had a receipt.

When buying the car the seller drawn out a receipt stating how much I paid for it and when and we both signed it.

It also asked if I knew if there was any finance outstanding which I didn't and if I had done a hpi check which I did not.

 

I have also sent copy of the log book showing Last owner.

i also wrote Down I bought the vehicle in good faith , which I did.

 

Now that was a few days ago.

This car is the only thing what can same me my partner and our 1 year old getting kicked out.

We had some savings but that went on last months bills and Christmas.

I need to sell the car but now I may lose it and have nothing.

I took out a loan to pay or the car initially so we may lose the car and pay for something we do not have.

 

I have read that if you declare the car was bought in good faith and you have a receipt of some kind they will let you keep the car .

However I am unsure about this.

Someone said just sell it anyway as they will just remove the hpi mark as I bought the vehicle in good faith.

 

Is there anyone who can help me with this as I'm making myself more I'll worrying about this and my family getting kicked out.

I am a hard working person.

Pay my bills and provide for my.family and now this has happened.

My family can't help as they are elderly. I just have no where to turn to.

 

CAB were useless, as where the finance advice line.

all I keep being told is to seek financial help from family.

Which isn't an option and we can't get loans as I went bankrupt a few years back due to my employment going down after a bunch of break ins.

 

Please help

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about the problems you're having.

 

I expect fellow caggers will be along later, but I'll also flag your thread for the site team in case anyone can help.

 

My best, HB

[lanceneoman]

Thank you. I just do not know what to do.

[Peterbard]

Hi

Sorry to hear about your problems, I am a kidney patient myself and know how worrying it is, but believe me you will get through it.

as regards your problem

 

The law you require is contained here:

 

http://www.legislation.gov.uk/ukpga/1964/53/section/27

Protection of purchasers of motor vehicles.

 

(1)This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person.

(2)Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition.

 

You can quote this to whoever you feel needs to be aware of it, not that they will not be aware of it already. You can tell them that you will not be giving the car back and will present this legislation should your title be questioned.

 

Tell them that you intend on selling the vehicle, I would see what they come back with first and post it on here.

 

Chin up.

 

Peter

[lanceneoman]

I have emailed the legislation and heard nothing.

Would it be safe to just sell the car, or are they likely to seize it.

I literally have a matter of weeks before we can be kicked out.

 

Thank you for the reply

[Peterbard]

How long ago did you send the info and is there any current marker relating to hPI on the car ?

[lanceneoman]

How long ago did you send the info and is there any current marker relating to hPI on the car ?

 

Yes there is a marker, that's how the dealer found out. I had no idea. I sent it all 3 days ago via email. I called up today and asked if they have it and they confirmed but can't do nothing at the moment

[Peterbard]

Is the dealer aware of the current position as ihe willing to buy under these circumstances , even though the marker is still on the file ?

 

He must surely have come across this before.

[lanceneoman]

Is the dealer aware of the current position as ihe willing to buy under these circumstances , even though the marker is still on the file ?

 

He must surely have come across this before.

 

He is not willing to purchase it anymore. I and wouldn't want to sell if it will back fire on me.

He said to mentions the legislation and that it was bought in good faith. But other than that there's nothing else I can do.

 

I have explained the situation to Barclays but they do not care. No sympathy at all. I did say I could of not said anything and sold the car on privately but I'm not like that. I wouldn't want someone else to go through this. They just said 'ok'

[Peterbard]

Well there are a number of issues in that case. they are pretending you form realising your asset, there is a civil action you can take. wcer I appreciate that this may not be an option for you. What you need is an authoritative source to speak on your behalf. Have you tried national debtline, ther are usually very good on this kind of issue, there is or used to be one of their advisers on here. I will try and direct him to your thread.

[lanceneoman]

Well there are a number of issues in that case. they are pretending you form realising your asset, there is a civil action you can take. wcer I appreciate that this may not be an option for you. What you need is an authoritative source to speak on your behalf. Have you tried national debtline, ther are usually very good on this kind of issue, there is or used to be one of their advisers on here. I will try and direct him to your thread.

 

I spoke to someone earlier from ndl and they said best action is to speak to barclays. As I am not the account holder and I do not know any of the account holders details there is nothing they can do anyway.

[Peterbard]

I spoke to someone earlier from ndl and they said best action is to speak to barclays. As I am not the account holder and I do not know any of the account holders details there is nothing they can do anyway.

 

THis has nothing to do with any HP agreement, this is a case restricting free use of your property. The agreement may still active between the parties and in any case has nothing to do with you or your car, it is a different matter altogether give them 24 hrs to remove it before you commence a civil action for damages.

See if that provokes dome kind of action from them.

[lanceneoman]

THis has nothing to do with any HP agreement, this is a case restricting free use of your property. The agreement may still active between the parties and nothing do in any case has nothing to do with you or your car, it is a different matter altogether give them 24 hrs to remove it before you commence a civil action for damages.

See if that provokes dome kind of action from them.

 

But technically doesn't the car belong to them.

I do not want to threaten them and make things worse.

I know a few years back when this happened the cars were simply siezed and money was lost. I remember it happened to someone I worked with back in 2010.

[Peterbard]

No, it is lt doesn't read the legislation quoted.

 

When you say "could make matters worse "? I was given the understanding you were about to be thrown out onto the street, how exactly worse ?

 

I think I am wasting my time here, you start by giving us the impression you know nothing about this, then whatever is suggested you already know, now we find you think you actually understood the whole process, when you in fact do not.

 

Bye

[lanceneoman]

No, it is lt doesn't read the legislation quoted.

 

When you say "could make matters worse "? I was given the understanding you were about to be thrown out onto the street, how exactly worse ?

 

I think I am wasting my time here, you start by giving us the impression you know nothing about this, then whatever is suggested you already know, now we find you think you actually understood the whole process, when you in fact do not.

 

Bye

 

I know nothing about the finance and what I can do. I have quoted to them regarding the legislation and also contacted a few debt help lines.. however; I am not the one in debt and they say they cannot help me and advise me to contact the original creditor, which I have done.

 

Aside from that I do not know what else I can do, can they take the car back? Can I still sell the car and if I did could u be liable for anything?

 

Things are bad, but by making things worse I mean by threatening them surely they will try and take the car back indefinitely. .so yes it can get worse.

I could lose the car , all the money I paid for it, the house and my health isn't going to get bet like this.

 

I have done what most people recommended with the legislation. But I want to know if possible can I still sell the car. Do I have a right to. Or will it likely be siezed.

[SeanG79]

You can sell the vehicle, however no dealer will buy it and many private individuals will HPI before buying the vehicle.

 

As mentioned above, if you can show you paid market value for the vehicle and were lead to believe this provided clear title when purchasing the vehicle, you will not be deprived of the asset.

 

(1)This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person.

(2)Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition.

 

 

I know a lot of Barclays Partner Finance agreements are written on Fixed Sum Loan Agreements (Personal Loan) not secured on the vehicle.

I also know of lenders that still put a marker on HPI even though they don't have an interest in the vehicle.

 

 

It might be worth confirming with Barclays Partner Finance that the finance is indeed a PCP/HP agreement,

as if it isn't, you can insist they remove the marker.

 

 

If it is an HP/PCP agreement, I would write a formal complaint to Barclays with your receipt, quoting legislation, etc.

giving them a deadline to respond to and then taking the complaint to the Ombudsman and FCA (Financial Conduct Authority)

if they do not respond to the complaint. (I think they have 40 days to respond, but it may be less).

[dx100uk]

good post was thinking about asking this all night when in bed.^^^^^^

 

 

dx

[lanceneoman]

I spoke to Barclays today and they said it's a clear cut case and I should be ok and they will let me know on Friday

 

 

I said I want to sell the car and they said if you take it to a dealer they probably won't buy it as there is a HPI Marker on but it's should be sorted by Friday.

 

I did ask and they said it's secured against the car.

 

I am just going to list it privately I think .

I can't see as I am doing anything wrong doing so now I have submitted everything to them.

 

 

I'm addition they never said I couldn't when I stated I wanted to sell it.

[SeanG79]

OK...you can sell it privately, provided that buyer doesn't do an HPI check.

 

Why would you not wait until the marker is removed on Friday and then proceed with the original intention of selling to the dealer and getting the other vehicle? Unless of course you can sell it privately for more...

[lanceneoman]

OK...you can sell it privately, provided that buyer doesn't do an HPI check.

 

Why would you not wait until the marker is removed on Friday and then proceed with the original intention of selling to the dealer and getting the other vehicle? Unless of course you can sell it privately for more...

 

That's exactly it I can sell it private for more. They said u should call back Friday for an update if I haven't heard anything. I may not have a definite answer, however he has stated it will more then likely just get removed as I submitted more than enough evidence

[SeanG79]

I would suggest, if you can, waiting until Friday and getting the marker removed before selling on the vehicle as this could save you headaches in the long run.