car sold while still on finance with out consent

[teaboy2]

Re: car sold while still on finance with out consent

Ask them for certifield copies of all documents they hold about you in connection to this alleged phone contract. Also if the phone was taken out online then how would they have a copy of a ultility bill, or doe people post them through their computer screens now adays as prove of id for online applications? Lol

IF they have evidence it was your card details used to pay for the phone, of have your card statment thay can forward them to you too and you can make it clear to them that you are not the owner of said card account or not even have such a card. Remind them of their legal obligations to investigate claims of identity theft too.

[seduraed]

Re: car sold while still on finance with out consent

would a sar be in ordder . Although if the op is disputing that she entred the contract would they be aqble to use dpa to hide behind.

[bluebottle]

Re: car sold while still on finance with out consent

It appears to me that Orange cannot get their story straight. This is evidenced by the fact they said your son produced one type of document as evidence of identity, then turned around and said it was another type of document. Not a clever thing for Orange to do. Although I can understand the matter from Orange's point of view, I can also understand the matter from your point of view. It is all very well Orange claiming this, that and the other, but, at the end of the day, the onus lies on them to prove it was you who set up the contract, received the phone and received the bills. If they can't, they have to return the £501 to you. It might not be a bad idea to make a formal complaint against DLC and Orange to the OFT's Consumer Credit Licensing Department and a formal complaint against Orange to OFCOM. One complaint on its own may not motivate OFT/OFCOM into enforcement action, but if it is one of many different complaints, it can, sometimes, be the complaint that triggers enforcement action.

[fairy dust 49]

Re: car sold while still on finance with out consent

Hi and thank you Bluebottle for advise I will be calling Ofcom tomorrow ,also to let you know I was unable to get appointment last week for law centre so will try again this week .

Even if I unable to reclaim the charge £501 at least I have tried and got my point across that I am the victim here and have been used for some one else to obtain goods in my name.

Don `t think Orange are that type of company who give a flying fig as long as they get their money of someone , I have been looking on other web pages were other people have had same problem as my self i.e phones taken out in their name but not by them and have now got debt companies chasing them for the bills .

[Sapphire]

Re: car sold while still on finance with out consent

Orange use UK Mail to deliver their phones, now it just happens that I have a nice little manager contact in one of their call centres, if you can send me via pm your sons address and a rough date of when the phone was ordered, I may be able to trace who signed for it, unless he had it sent to his work, in which case I'll need that as well. But first lets start with his address and we'll go from there.

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you so much Sapphire ,will have to look over my bank statements as Orange told me that my bank was used to pay a small fee when phone was ordered ,also not sure if it went to a home address or to a store which would be some where in scotland or his works.

[bluebottle]

Re: car sold while still on finance with out consent

Orange use UK Mail to deliver their phones, now it just happens that I have a nice little manager contact in one of their call centres, if you can send me via pm your sons address and a rough date of when the phone was ordered, I may be able to trace who signed for it, unless he had it sent to his work, in which case I'll need that as well. But first lets start with his address and we'll go from there.

Nice one, Sapphy!

[Sapphire]

Re: car sold while still on finance with out consent

Its worth a try BB, hopefully I can find something out, if not then we'll have to think of something else.

[bluebottle]

Re: car sold while still on finance with out consent

My view of this, Sapphy, is that Orange and their DCA are on a very sticky wicket, legally, indeed. It's very easy for them to make the claims they have made - that's standard practice with the bigger firms - but, at the end of the day, the onus lies on them and if they cannot prove the OP is liable, they could be looking at Fraud by False Misrepresentation, at the very least. If you can find out the necessary information through your contact, that would be a big breakthrough in this case. Thanks.

[fairy dust 49]

Re: car sold while still on finance with out consent

Just a quick request about my car that was sold while I am still paying finance, I spoke to a friend today and they informed me that because I have payed 2/3rds of the finance then the car is now mine and I can request the car be returned to me or I can request a stop on the finance payments is this true .Many thanks in advance.

[Guest]

Re: car sold while still on finance with out consent

Just a quick request about my car that was sold while I am still paying finance, I spoke to a friend today and they informed me that because I have payed 2/3rds of the finance then the car is now mine and I can request the car be returned to me or I can request a stop on the finance payments is this true .Many thanks in advance.

Hi

No, the car now belongs to the person your son sold it to, if you stop making repayments the finance company will come after you for the money.

Your friend is confusing provisions of the consumer credit act, these are not available to you because the car is no longer yours.
Have the police got back to you about pursuing your son yet?

Peter

[seduraed]

Re: car sold while still on finance with out consent

I beleive it only belongs to the purchaser if they are an innocent third party. Tell the finance company and the may well look at the case if they decide that the the third party is not an innocent purchaser then i believe hat they have the right to sieze the vehicle .

[fairy dust 49]

Re: car sold while still on finance with out consent

Thank you for the information ,I was told by the fraud investigator that I would have to pay for the car also he said I could phone up the collections office and request a reduced ballance due to the car being sold and I have never defaulted on payments.

The police havn`t been intouch with me yet even though the BH have reported the car as stolen, but I think that they have been intouch with my son as I received information tonight that my son has lost his job in the police database office,so it looks like he will be maybe charged with theft.
------------------------------- merged -------------------------------
The finance company fraud officer
told me if they retrieve the car from new owners then they would resell the car and deduct the bill of sale of the balance owing .

[bluebottle]

Re: car sold while still on finance with out consent

The law regarding ownership of stolen goods was changed during the 1990s. Up to the point when the law changed, any innocent purchaser of stolen goods was permitted to keep them. However, since then, the police seize stolen goods and return them to the lawful owner, i.e. the person who has proper right and title to the goods. The innocent third party is, unfortunately, a victim of Fraud by False Misrepresentation (Section 2(1), Fraud Act 2006).

In this particular case, the car was on HP, so the lawful owner is the HP company until the last payment is made. If it had been a credit agreement, the car would belong to the OP.

Fairy Dust, I have read what you have posted about what the HP company fraud investigator has said. I cannot understand why they would sell it, if recovered, rather than return it to you. I would urge you to speak to your local Law Centre about where you and the HP company stand on this. This sounds very irregular to me.

BB

[fairy dust 49]

Re: car sold while still on finance with out consent

Thanks BB as mentioned before the fraud investigator was really good when he came to see me ,he asked if I was in agreement with him to have the car reported stolen and I said yes ,to which he then took official statement from me that I had to sign each page .Only thing he did say was that he didn`t know what the police would do about it as it would have gone through to the English police and then past over to the scottish borders police .

He also mentioned that the police may come to see me for another statement or they may just use the the statement he took at the time of his visit to me .But with all the information I gave him about my son and what he had done over different things i.e mobile phones ,Mr Bod was addament he was going to report my son for the fraud and sale of the car.