Hello Im new and need some advice if possible.

[Bobodoll]

Ive just joined and am looking for some advice please. I bought a car via Gumtree, in April 2018, at just below market value due to the 'seller' advising it was being sold requiring some repairs. I communicated with the seller via email, although in the same village as me and I was aware she was the grandaughter, who was leaving it on their driveway until sold. I take full responsibility for my own ignorance in the fact that in May 2018 I discovered that there was outstanding finance on the vehicle. I contacted Shoosmiths, who confirmed this but were unable to tell me the amount outstanding. I provided them with all the sellers information that I had, including her details from the V5 logbook. I then attempted to make contact with seller, who didnt respond. I completed the innocent purchaser questionnaire and sent back in June together with all the emails between myself and seller in which I asked is it safe and legal for me to drive the car once Ive paid your grandparent. Shoosmiths gave me a named contact.

In July I had a sudden relocation and in September I emailed the named contact to advise new address and requested an update. I did this again in November and did not receive a response to either. On Dec 7 I phoned and was advised the named contact had left the company. On this occassion I was determined to obtain an update, there wasnt anyone available in the relevent department and I was assured I would receive a phone call later that day. I confirmed my phone number and new address.

I did not receive this call and the following day I sent a complaint via Resolver, as I felt I had been proactive, whilst they had not as there seemed to be a problem since the named contact had left Shoosmiths
on 3 January 2019, I rang Shoosmiths again said a letter had been sent to my old address 7.12.18 to say I was not an innocent purchaser as I had not complied with their investigation, also atter had been sent previously to that ddress informing me I was liable for the debt as the car was not worth them repossessing (2008 Clio)

I asked for copies of the letters to be sent to correct address and they have arrived today, and I have no idea what to do.One of the letters includes the envelope marked 'addressee gone away' from the postman.

I have some medical problems which does have an effect on my abilities understand things. Can you advise me, in simple terms what I should do, I have a social worker who will assist me with form filling if necessary. Many thanks for reading this far,

[R0b]

Hello, as we don't know the contents of the correspondence between you, the seller and Shoosmiths, we can only provide you with limited assistance.

First of all, who is the lender that Shoosmiths is acting on behalf of, is it Barclays?

Secondly, the law does not say that you are not an innocent purchaser if you fail to complete the finance company's questionnaire, but as we don't know the contents of that letter, that could be your interpretation - either way it's wrong. The correct legal test is whether you purchased the car in good faith and without knowledge that the vehicle had any finance attached to it.

If there was no knowledge, then you would be protected under this rule. I would suggest that if you want us to assist you as best we can, you are going to have to post up any key correspondence between you and Shoosmiths, with personal information redacted.

Otherwise we can support you based on what you are telling us.

[Bobodoll]

Many thanks for you swift and interesting reply, and yes your assistance would be very much appreciated. The finance company I believe is Avelo

When you refer to posting up the key correspondence, is that by Royal Mail or do I type it up into this thread?

[R0b]

Hello

What I mean by posting up the key correspondence I mean uploading it on here with personal info redacted. You can do that by typing it up if you so wish, of you can copy and paste if it is by email, or you can screenshot the correspondence and upload it using the paperclip icon in the right hand corner of the message box.

It's been some time since your last post, where are you at now?