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Purchased car with outstanding finance

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  • Purchased car with outstanding finance

    Hi please can I get advice regarding a car I purchased in February it was a private sale I didn’t do a HPI Check I check the v5 make sure it was the person selling the car and asked for photo ID check the serial number with log book car had slight damage to front and rear arches the car had issues engine management light was on brakes needed attention there was no Mot no tax or insurance I paid £6500 I was very happy to pay for it to be repaired I didn’t get a receipt it was a cash sale paid sent log book off came back then out of the blue bailiffs turned up 10 months later saying the car has outstanding finance and they had come to collect the car the car wasn’t at home so they went away.
    so I emailed the finance company here’s were I’m up to emails as follows

    me:
    i have just been informed that your company has called to repossess my car I have own this car since February this year and paid cash how is it possible that you can take my car I have been told there is outstanding finance I wasn’t aware of when I purchased car can I ask what the total amount is outstanding please.

    reply:
    good afternoon,

    please see attached questionnaire for you to complete, we will need this completed and returned within 7 days for us to conduct an investigation.
    if the vehicle is recovered by our agent we can hold in safe storage whilst we complete our investigation

    NEW PURCHASER QUESTIONNAIRE
    REFERECE..................................

    Section 1 – YOUR DETAILS
    Your Full Name

    Your Home Address
    Your Date of Birth

    Your Email Address

    Your telephone numbers
    Home

    Mobile
    Work
    Your employment. Tick the correct box.
    Self employed
    Unemployed

    Employed
    Other

    The Name & Address of your employer or business.

    When you purchased the vehicle what were you employed as? If you were self employed what was your trade?

    Section 2. DETAILS ABOUT THE VEHICLE YOU PURCHASED.
    Vehicle Make & Model

    Registration Number

    When you purchased it.

    Registration number now if it is different.
    What was the mileage on the clock when you purchased it?

    What is the mileage on the clock now?
    Do you still have the vehicle? Tick the correct box.

    Yes
    No
    I have sold it
    If you have ticked the box “I have sold it” please answer the following.



    Name & Address of the person you sold it to.
    Date you sold it.

    How much did you sell it for?

    1
    Section 3. HOW YOU CAME TO PURCHASE THE VEHICLE.
    Before you purchased the vehicle did you know that you could find out is the vehicle was the subject of a finance agreement? Tick the correct box.
    Yes
    No
    On what date did you find out that the vehicle was for sale?
    If the vehicle was advertised for sale where was it advertised
    Can you provide a copy of the advertisement? Tick the correct box.
    Yes
    No
    Please give the full name and address of the person who sold the vehicle to you
    Please say if you have any relationship with the person who sold the vehicle to you and what that relationship is. Tick the correct box.
    I am related to them. They are:
    I have business dealings with them before.
    They are a friend of mine.
    I have not had any business dealings with them before.
    How long have you known the person who sold you the vehicle?
    Please tell us how and when you carried out the negotiations to buy the vehicle. E.g. the dates, by telephone, text etc.
    How much did you agree to pay for the vehicle?
    Did you part exchange another vehicle as well as paying money for this one. Tick the correct box.
    No
    Yes
    If Yes :
    Vehicle Make & Model.
    Registration Number.
    Mileage on the clock when you part exchanged it.
    What date did you take possession of the vehicle you purchased.
    What date did you pay the seller and how much?
    Date
    I paid:
    How did you pay for the vehicle? Tick the correct box.
    I paid by bank transfer.
    I paid by bank draft
    I paid in cash
    I paid by cheque
    2

    Please note you will be asked to provide proof of payment.
    I paid by credit card
    Other
    Did you obtain a receipt for the money you paid? Tick the correct box.
    Yes
    No
    Did you ask the seller if they owned the vehicle? Tick the correct box.
    If the answer is yes you will need to tell us what they told you.
    No
    Yes
    If Yes what did they say and what did they show you to prove they owned it.
    How and when did you 1st become aware that Moneybarn owned the vehicle?
    Date
    How.
    What was the condition of the vehicle when you paid for it?
    Did know when you paid for the vehicle that you would have to carry out any repairs to the vehicle? Tick the correct box. Please note you will be asked to provide proof.
    No
    Yes
    If Yes - What repairs did you know you would have to carry out?
    Have you had to carry out any repairs to the vehicle since you paid for it? Tick the correct box. Please note you will be asked to provide proof.
    No
    Yes
    If Yes - What repairs have been carried out?
    Section 4: DOCUMENTS YOU MUST PROVIDE TO PROVE WHAT YOU HAVE SAID
    Documents.
    Tick the correct box.
    Attached No
    Yes
    I will provide it by - Date
    Registration Document - V5
    Advertisement
    Purchase receipt
    Certified Bank Statement showing the payment leaving your bank account.
    Vehicle finance check.
    Paid invoices for any repairs carried out.
    Any correspondence between you and the seller.
    Section 5: UNDERTAKING
    Do you agree not to sell, hire, hide or otherwise dispose of the vehicle
    Yes
    No
    3

    and not to attempt to do any of these things until such time as legal ownership is agreed with us or determined by a court of law? Tick the correct box.


    If your answer is No please explain why you are not willing to agree to this.

    Section 6: DECLARATION & SIGNATURE
    I hereby declare that the information given in this questionnaire is correct and a true account of the circumstances in which the vehicle was acquired by me. I understand that the information I have provided may be used for fraud prevention purposes.

    Date

    Signature
    Printed Name

    4
    me:
    thanks for your reply. I have today spoken to my Solictor and have been advised that I’m under no legal obligation to complete your questionnaire details you have requested are personal data. The person I purchased car from was ******* *********.(not related or friend) never met before or after only known as the seller of the car. Car was purchased in good faith, with no knowledge of any outstanding finance
    my Solictor has checked and established that finance is outstanding and ****** **** currently hold title my Solictor needs to establish whether the seller was your customer that originally had the finance agreement with you.
    i have taken all documents related to the purchase to my Solictor and will contact you as soon as possible again thanks for your reply

    So here is we’re I am they haven’t responded to date I don’t have a Solictor I put that bit in but what do i do now ?
    Tags: None

  • #2
    HP then they owned the car not the seller, the seller only hired the car until all payments made. No HPI Check = fatal! meantime as the solicitor is trying to ascertain if the seller was the Hirer on the HP Agreement


    see what other say

    Comment


    • #3
      If the car you bought is still on hire purchase - Citizens Advice

      https://www.citizensadvice.org.uk/.../buying...car/the-car-you-bought-is-still-on-hire-p...
      Your rights and options if you find out the car you bought is still subject to a hire ... This advice applies to England Print. You often have a right to keep the car - called 'good title' - even if it's still onoutstanding hire purchase or ... If you're not the first private buyer, you might still have good title if the previous owner had it.

      Comment


      • #4
        Thanks mike for your reply if the person that sold me the car is the is the customer of the finance company so I would be the first buyer how do I find out thanks

        Comment


        • #5
          @R0b

          Comment

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