Vehicle Ownership

[Vauxhall Girl]

Re: Vehicle Ownership

Hi there,

Cetelco, I have a solicitor on the case now.

Someone has quoted me a section of the Credit Consumer Act 1974 that says, quote....

"The Consumer Credit Act 1974 gives 'good title' to the innocent
private purchaser of a car which later turns out to be subject to a claim
by a finance company because of a previous, unpaid hire-purchase
agreement. This means that the finance company is not entitled to
repossess the car from you. Remember, this does not apply to cars that
have been stolen, or cars that were subject to a lease or hire
agreement".

My solicitor would like to use this, but needs to know what section of the Act it is in, as apparently there are about 90 sections! Would anyone ther happen to know what section it is?

[pompeyfaith]

Re: Vehicle Ownership

you what he is a solicitor so should know and if he/she dont i would be suspect as to whether he has the right knowledge to handle your case
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just type cca 1974 into google and the law will appear the solicitor really should know this
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or you can find it on here stickied at the top of the cca forum

[shamen]

Re: Vehicle Ownership

^ I second what pompey said. If your solicitor is having to ask you to go find out which bits of certain acts will help your case, then they are completely the wrong guys. I wouldnt even trust them with sending a letter.

[Vauxhall Girl]

Re: Vehicle Ownership

I have already tried googling it... and indeed it comes up with the whole CCA, which has many sections. I have even tried googling the part that everyone quotes (as I wrote out in my last post), and nowhere does it actually tell you what section it is in.

My solicitor is due to go off on hols, and wanted to get some letters of claim out before she went, so wanted to find out quickly, rather than spend hours trawling the CCA (and cost me too much money for her time). If I can't find out, she will go for the earlier HP Act 1964.

[pompeyfaith]

Re: Vehicle Ownership

hrs trawlling the act lol for a solicitor no this is a well versed act that has been around a longtime and any half decent solicitor would find the relevent parts in minutes

[shamen]

Re: Vehicle Ownership

Pompeys right it should not take a solicitor hours to find the relevant bit (unless they want to charge you an arm and a leg). If I were in your shoes, I really wouldnt be using this particular solicitor's services for this case. Its one thing not knowing the relevant laws in question, but another to dig out some information and go off on a pursuit based on that information. Its better all round to have a solicitor which has done something in this area before. For example if I were, say, filing for divorce, I would not go to a solicitor who has never done divorce before purely because they say they will take it on after they do some reading - and it would be cheaper for me if i did the reading bit for them?!?

[pompeyfaith]

Re: Vehicle Ownership

i would be questioning this sol otherwise he/she could cost you dear have you asked if they specialize in consumer contract law ?

[andylaw]

Re: Vehicle Ownership

I am advising a friend who is, in my opinion, an innocent purchaser.

However, the fc (blackhorse) have ignored all mof my letters. Its time to go to court!

but, what do I put on the court forms....? I have a fair idea, but this is my first time handling a case like this and I dont want to omit something important. any help would be greatly received

[Sapphire]

Re: Vehicle Ownership

Hi Andy before anyone can help you hun you need to give a full outline of whats gone on then the right wording can be given.

[andylaw]

Re: Vehicle Ownership

Hi Sapphire, and thanks for the reply.

My friend bought a car for cash off someone selling a car on a roadside. He knows he is exceptionally dimwitted for doing this especially since he failed to conduct a HPI check too.

But the car was not advertised cheaply, and he paid a fair price in the then current market.

The seller was a "genuine type of bloke, and I had no reason to disbelieve anything he said"

So, my friend naively bought the car, and a few months later decided to trade it in to get a newer car (apparently, he didn't like the feel of the car after a few months). He took it to a garage to part exchange and the garage HPI'd the car. It turned out that there was outstanding finance with Blackhorse.

He came to me and I phoned Blackhorse. They wouldn't confirm if the previous owner was the person who took out the finance. I then wrote to them three times but have not had a reply.

My friend is willing to take the chance of going to court as an innocent purchaser, bearing in mind that if the previous owner is not the original person who took out the finance he will not be able to claim as an 'innocent purchaser'.

So, I need to start court action, but I'm afraid of omitting something vital which would cause the case to fail.

Any help would be excellent.

[andylaw]

Re: Vehicle Ownership

was just wondering if anyone could advise on what i posted a while back......its the comment before this one

[Caspar]

Re: Vehicle Ownership

As far as the law goes it's not quite as clear cut as the statement above as you will not find those words anywhere in CCA 1974. The critical bit is that Section 27 of the Hire Purchase Act 1964 was embodied in S27 of Schedule 4 of the CCA 1974.

If you look up the CCA 1974, scroll through the contents right down to Schedule 4 near the end (Minor and Consequential Amendments). Look in Part III Section 27 and you will find the words under subsections 1 and 2:
27 Protection of purchasers of motor vehicles.

27(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.E+W+S+N.I.
(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.






This is hopefully what your friend needs! http://www.legislation.gov.uk/ukpga/1974/39/schedule/4.

[andylaw]

Re: Vehicle Ownership

Thanks Caspar
This is much appreciated. I have got a couple of cases I'm going to cite too.

I'll put it together and see what happens.

Thanks again