car sold while still on finance with out consent

[Guest]

Re: car sold while still on finance with out consent

Hi Peter,

If you refer to OP posts earlier in this thread, you will find that BH have informed the OP they are going to report the car as stolen. OP approached the police previously and was advised that BH must report the theft as they are the lawful owner, due to the vehicle being the subject of an HP agreement.

The law regarding stolen property was changed during the 1990s and this means that any innocent purchaser of stolen property never has proper title to such property; it is always vested in the lawful owner of the property. The "good faith" provision died with the change in the law.

As for the issues you highlight with regard to the CCA, finance companies, in my experience, have to tread a very careful path, as it is easy to wander into the legal minefield known as English Criminal Law. I am sure we all know abuses of the CCA by finance companies go on; it is just that very few cases come to the public's attention. All I can do is to re-iterate my cautionary note in a previous post.

Hi , Yes i am sure, however every thing i have said is perfectly correct, and bourne out by my own experiance and knowledge of civil law.

From what i see there is no criminal element to consider yet, so perhaps things will change if and when the police get their fingers out.

However the fact remains that the agreement would now be considered to be terminated, the goods are either the property of the new owners or the lenders depending on the nature of the sale.

Peter

[fairy dust 49]

Re: car sold while still on finance with out consent

Hello again sorry I have not replied to your threads ,but I have been trying my hardest to get appointments with solicitors regarding the car and the fraud over mobile phones with no success, as the car situation is allready in the hands of the fraud team and apparently it is up to them what they decide to do over the finance of the car.

As for the mobile companies I was advised to seek advise from the CAB.

I read in part of the thread about insurance beig paid with the finance of the car ,the answer is yes I have insurance cover included with the HP but I think that is just to do with DD payments .

[Guest]

Re: car sold while still on finance with out consent

Hello again sorry I have not replied to your threads ,but I have been trying my hardest to get appointments with solicitors regarding the car and the fraud over mobile phones with no success, as the car situation is allready in the hands of the fraud team and apparently it is up to them what they decide to do over the finance of the car.

As for the mobile companies I was advised to seek advise from the CAB.

I read in part of the thread about insurance beig paid with the finance of the car ,the answer is yes I have insurance cover included with the HP but I think that is just to do with DD payments .

Hi

No i was refering to vehicle insurace, third party fire and theft, fully comprehensive, that kind of thing.

Peter

[fairy dust 49]

Re: car sold while still on finance with out consent

Oh sorry my mistake.

[Guest]

Re: car sold while still on finance with out consent

Oh sorry my mistake.

So did you have any, i am supprised that the chap from the lenders did not bring the subject up. ff the car is proven to be stolen they will of course have to be notified, you may even be able to claim.

[fairy dust 49]

Re: car sold while still on finance with out consent

Sorry ,are you talking about car insurance or the insurance for the Hp DD.

Think i`m having blonde day
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If it is fully comp you mean then no I had cancelled it when me and my partner got our other car which is motability ,hense the reason for loaning my son my car .

[Guest]

Re: car sold while still on finance with out consent

Sorry ,are you talking about car insurance or the insurance for the Hp DD.

Think i`m having blonde day

car insurance, against theft ?

[fairy dust 49]

Re: car sold while still on finance with out consent

No as mentioned I cancelled it ,wouldn`t have if I had any idea he would have sold the car .But I trusted him to look after my car as he knew I wanted it back when he got his own car.

[Guest]

Re: car sold while still on finance with out consent

No as mentioned I cancelled it ,wouldn`t have if I had any idea he would have sold the car .But I trusted him to look after my car as he knew I wanted it back when he got his own car.

I see, did this not come up when you were interviewed by the lender ?

[fairy dust 49]

Re: car sold while still on finance with out consent

Strangely enough no he did not mention the insurance ,but I brought it up ,as I told him I had allways been insured by LTSB and that I cancelled when we got the new car because I could be double insured.

[Guest]

Re: car sold while still on finance with out consent

Strangely enough no he did not mention the insurance ,but I brought it up ,as I told him I had allways been insured by LTSB and that I cancelled when we got the new car because I could be double insured.

Thanks

Peter

[bluebottle]

Re: car sold while still on finance with out consent

Hi , Yes i am sure, however every thing i have said is perfectly correct, and bourne out by my own experiance and knowledge of civil law.

From what i see there is no criminal element to consider yet, so perhaps things will change if and when the police get their fingers out.

However the fact remains that the agreement would now be considered to be terminated, the goods are either the property of the new owners or the lenders depending on the nature of the sale.

Peter

Peter,

With the greatest of respect, you may have experience and knowledge of Civil Law, but what OP's son did constitutes criminal offences. An offence under the Criminal Law is committed the moment the necessary actions that make up the offence are carried out. You don't have to wait for the police to become involved. The investigation and apprehension process starts the moment an offence is reported to the police. Selling a car to someone, knowing you do not have the right to do so is, in the first instance, Theft from the owner/keeper, and Fraud by False Misrepresentation from the mug you sell the car to. BH have indicated previously they are going to report the car as stolen to the police. Once that is done, the police pass the matter to beat officers, roads policing units or a Stolen Vehicle Squad or all three to deal with.

There are a number of factors of which you may not be aware that mean this case will, for the timebeing, remain within the ambit of the Criminal Law. The Civil Law will come into the equation at some point, but not yet. Having dealt with stolen motor vehicles on credit/HP, when I was in the police force, I'm sorry to say that finance companies can be less than, let's say, honourable - and that's being polite. Like I said before, it is very easy to commit a criminal offence. It's not so easy to wriggle out of it once an offence has been committed. My gut feeling is that this case will need to be looked at from a Civil Law angle and a Criminal Law angle before the final outcome is decided.

BB

[fairy dust 49]

Re: car sold while still on finance with out consent

For all you good people who gave me advise about the car I had on finance and my son sold whilst there was still £12,000 owing last year ,I am pleased to say that the finance on the car is now all finished and would also like to say that Black Horse has been brilliant with my dillema and 2 weeks ago they accepted lump sum of £2,500 as final payment as good will gesture as there was still £6.000 still left on balance. :cheer2:Once again thank you all for the good advise and sorry I couldn`t give the news any sooner .

[bluebottle]

Re: car sold while still on finance with out consent

Thanks for letting us know, Fairy Dust. Glad to see the matter has been settled in a way you appear to be happy with.

[gravytrain]

Re: car sold while still on finance with out consent

Yes many thanks fairy dust, many of these threads just rail off and we never see the conclusion, glad to see some of the advice given was of use to you.

Just for clarity there was I take it no criminal action taken here ?