black horse outstanding car finance

[GOONERLAND]

oh dear,finally getting to the end of the philips saga with my sons fine and now another car related problem, our daughter bought a 2002 mini cooper in april basic ONLINE my carcheck.com all ok however we did not think there would be finance o/s on such an old an relative ly cheap car. now we hve just got letter from blackhorese advising of o/s finace and asking us for all details of purchase etc and we must not sell the car!do i have to comply with request ? cAN I ASK FOR MORE DETAILS?
thanks guys all help thankfully received

[teaboy2]

Re: black horse outstanding car finance

My advice would be to cooperate with them and give them the details they requested. It maywell be that the original/previous owner of the car has not repaid back in full the finance agreement when they purchased the car. The Car would therefore still legally belong to the finance company, hence why they ask you not to sell the car as they have the right to repossess the car. However your daugther also has rights too and can take the original seller to court in the event the finance company repossessed the car. Though you can negoatiate with the fianace company and possible take joint action against the original seller.

I think the fact they have contacted your daugther instead of just turing up with a tow truck shows they accept your daugther is just as much an innocent victim here too and are willing to resolve it amicably and fairly so neither party losses. Or that they are uncartain as to whether the car is the actual car that belongs to them for one reason of another.

I would also supply them with copies of the log book and all the car details including the VIN (Chassis) Number, Engine Number and size.

[GOONERLAND]

Re: black horse outstanding car finance

mmm. they say they will only use the information for their computer records.
Can i ask for information regarding the debt. as the car is 10 years old and has had over 5 owners.

[teaboy2]

Re: black horse outstanding car finance

Hmmm well you could ask them to claify why they need such details from your daugther as they have no right to be processing any data relevant to her unless they have a legitimate concern regarding the ownership of the car, for which you require evidence of prior to providing them any details for their computer records, especially as you daughter herself has not had any contract of business relationship with them. If in their response to that, they provide no evidence of a legitimate claim on the ownership of the car, then simply explain to them that your daugthers private purchases and details of car ownership is non of their dam business and they are to cease processing any data related to your daugther under section 10 of the data protection act 1998.

If they do have a claim for ownership of outstanding balance by a previous owner of the car they issued an finance agreement to for the purchase of the car, then it would be best to co operate with them as it sounds like they are trying to trace the ownership history of the car and will likely contact the past owners to to try and locate the previous owner that may owe money to them, by getting details of who your daugther pruchased the car of etc and then asking the same from the person your daughter purchased the car off and so on until they get the address of the person they are looking for. As that person may well have moved and they have been unable to trace them using normal means.