Advice needed please - bought a car unknowingly with outstanding finance

[WinnieWoo]

Thank you one more question sorry : they have asked her to sign a disclaimer in order to get the car back " ...our Client proposes to relinquish their legal interest in the Vehicle and return it to you in full and final settlement of this matter. This offer is made conditionally, with you accepting that on agreeing to such, no further claims or actions will be pursued by either party (being yourself or our client) in relation to this dispute."

I am wary of her signing this and have asked them to clarify if this would mean that if her car has been damaged while in their possession or while being transported back to her can she claim?

I'm guessing this would also mean she can't claim the extra cost of buying a second vehicle in order to go to work since October and will waive any chance of compensation?

What do you advise? Is there something she can add to the agreement when signing that does not waive her legal rights?

Thank you.

[WinnieWoo]

We've just had a reply back : "In relation to the query raised, you are correct. In accordance with the terms of the full and final settlement offer, if accepted, your rights are waived in full as to any future potential claims against our client regarding this dispute/vehicle. This means that the vehicle is to be accepted by you in the condition is stands at the date of collection."

So in other words, if it has a huge dent in the side we have to accept it ... how can we get round this?

[echat11]

We've just had a reply back : "In relation to the query raised, you are correct. In accordance with the terms of the full and final settlement offer, if accepted, your rights are waived in full as to any future potential claims against our client regarding this dispute/vehicle. This means that the vehicle is to be accepted by you in the condition is stands at the date of collection."

So in other words, if it has a huge dent in the side we have to accept it ... how can we get round this?

I would write your own settlement terms, send to them, make sure you get Proof of Postage.

Firstly explain that a second vehicle had to be purchased etc, provide evidence etc. The thing here is they may comeback and say, why didn't she 'hire' one, probably more prudent to do so. The matter was prolonged because of their assertions. They were incorrect in what they were saying. So you want some compensation.

Secondly before you sign the 'disclaimer', you want to fully inspect the car (with a mechanic) etc.

[WinnieWoo]

I would write your own settlement terms, send to them, make sure you get Proof of Postage.

Firstly explain that a second vehicle had to be purchased etc, provide evidence etc. The thing here is they may comeback and say, why didn't she 'hire' one, probably more prudent to do so. The matter was prolonged because of their assertions. They were correct in what they were saying. So you want some compensation.

Secondly before you sign the 'disclaimer', you want to fully inspect the car (with a mechanic) etc.

Thank you. We have told them that we will sign the disclaimer after inspection of the vehicle with a mechanic present on collection or delivery of the car, they have accepted this but are insisting that their representative is also present and that this may not be able to happen until the new year. My daughter is keen to get her car back as soon as possible so has said that she's not prepared to wait until the new year and that she wants it back next week and we are waiting for their response.

Can they hold on to the car like this? And if on inspection we find issues, so my daughter will not sign the disclaimer, can they refuse to hand the car over? and if they refuse to let her take it, can we call the police as they are withholding her property?

[echat11]

a) The reason why they want the disclaimer signed is to end any liability in the future, they don't want your daughter coming back to them, saying they caused this or that.

Can they hold on to the car like this? - It depends how it's transported, who has the keys etc. They have agreed belatedly that the car belongs to your daughter.

b) And if on inspection we find issues, so my daughter will not sign the disclaimer, can they refuse to hand the car over?

Get them to note any defects that weren't there at the time the car was taken away by the debt collectors on the disclaimer, make sure you are given a copy.

c) and if they refuse to let her take it, can we call the police as they are withholding her property?

They would 'deem' it a Civil matter, the guys / gals returning the car would say that they are trying to return it, but don't want any come back in the future.

[WinnieWoo]

a) The reason why they want the disclaimer signed is to end any liability in the future, they don't want your daughter coming back to them, saying they caused this or that.

Can they hold on to the car like this? - It depends how it's transported, who has the keys etc. They have agreed belatedly that the car belongs to your daughter.

b) And if on inspection we find issues, so my daughter will not sign the disclaimer, can they refuse to hand the car over?

Get them to note any defects that weren't there at the time the car was taken away by the debt collectors on the disclaimer, make sure you are given a copy.

c) and if they refuse to let her take it, can we call the police as they are withholding her property?

They would 'deem' it a Civil matter, the guys / gals returning the car would say that they are trying to return it, but don't want any come back in the future.

We have had a further update:

"By way of an update, I have now heard back from all parties and the earliest the inspection can be facilitated is Monday 23^rd December 2024 at ******* (subject to confirmation with ****).

The inspection will be visual only, with the running of the engine permitted but you will not be able to drive it on site or take it off site unless or until the settlement terms previously provided are agreed to and the vehicle released to.

If you can attend **** in **** on Monday 23^rd, I’d be grateful if you could confirm your availability time wise. I will then proceed to confirm the same with the agent who will be in attendance and confirm with **** that it works for them before sending you final confirmation."


So, where do we legally stand? As they have admitted the car belongs to my daughter, does she have to sign the waiver? or is there a form of words you would recommend she writes on the waiver, say if the car has defects? She is thinking of putting "Signed to acknowledge receipt of vehicle which has been visually inspected but not driven as was refused, visual defects noted are: ...."

She is happy to have the car back and sign the waiver, only if there are no defects on the car that have transpired since they took possession of it.

Thank you in advance for your advice.

[echat11]

We have had a further update:

"By way of an update, I have now heard back from all parties and the earliest the inspection can be facilitated is Monday 23^rd December 2024 at ******* (subject to confirmation with ****).

The inspection will be visual only, with the running of the engine permitted but you will not be able to drive it on site or take it off site unless or until the settlement terms previously provided are agreed to and the vehicle released to.

If you can attend **** in **** on Monday 23^rd, I’d be grateful if you could confirm your availability time wise. I will then proceed to confirm the same with the agent who will be in attendance and confirm with **** that it works for them before sending you final confirmation."


So, where do we legally stand? As they have admitted the car belongs to my daughter, does she have to sign the waiver? or is there a form of words you would recommend she writes on the waiver, say if the car has defects? She is thinking of putting "Signed to acknowledge receipt of vehicle which has been visually inspected but not driven as was refused, visual defects noted are: ...."

She is happy to have the car back and sign the waiver, only if there are no defects on the car that have transpired since they took possession of it.

Thank you in advance for your advice.

The following should be sufficient:

"Signed to acknowledge receipt of vehicle which has been visually inspected but not driven as was refused, visual defects noted at the time of signing are: ...."