Hi Folks

My pal bought a Y reg Vectra about 6 weeks ago....she got it for £2500 cash.........however she has now been told by several people that the car was on finance and the finance has not been paid off , the bloke she bought it off did say he was selling it cause he has money problems!

What will happen if this is true can the finance company take her car back, she is very worried, she has 3 kids and her mum and dad gave her the moeny for the car!.

Hi Sponge

I am not sure how this would work but I have posted this on a traffic forum (hope that is ok) see what the experts say (forum is made up of traffic cops, insurance guys etc etc )

Will post here with an answer.

PB

Thanks PB that would be helpful.......:)

Yes, the finance company can take the car back because the person you bought it off did not own it, they did untill he finished paying.

Hi Calmstorm.  it is not me....I have a wee clio, it is my friend

That is not so good news........she has 3 kids and her parents loaned her the money!

She is not having a lot of luck lately this will just add to her problems....

Oh dear, yes, the finance company will take the car back and she will have to sue the seller for the money.

I would get in touch with a solicitor right away I think!

Hi Sponge

This is what I got back so far -

If he bought it on hire purchase (most common), then the car was not his to sell.  The car is still the property of the finance company.  They can therefore take possession.

If it was just paid for by a loan, or car loan (one that is not HP; very few are), then the title to the car was his to sell and the finance company has no recourse.

The guy selling it has probably committed at least one offence by selling something that is not his.  Your friend may be able to sue him through the county court to recover the money paid, but if he has money problems, getting the money back once a judgement has been obtained can be very difficult.

A little too late for your friend now, but a HPI Check on a vehicle before buying it, for £10-40, can save you all this as it will flag it up in advance.  I've done this before even when buying from a dealer, because it is a small price to pay for peace of mind.

https://www.mycarcheck.com/

http://www.autocheck.co.uk/

http://www.hpicheck.com/newfrontend/?supplier=goog

http://www.sellourcar.co.uk/carcheck.html

http://www.carcheckonline.co.uk/

How could he do this to her!...fair enough he was a stranger with a car for sale, but he must have known what would happen!.......bar steward that he is.......

Poor lass is gonna be devastated!.......and her parent are not well off, so they will not be able to help her out again!...I dont know what the chances will be of getting the money back off this dude are, but I guess slim!.

Thanks for everybody's input,

I have never bought a second hand car from the papers etc......so I could not even have told her any of the HPI? things....oohhh no I feel completely useless as a friend!......now I better go and tell her the not so good news.......

Hi Sponge

Here is another one

Not up on this cos I've only ever (in the recent past) borrowed to buy a house.  Don't do loans.

However,if the car was bought on finance which in some way is conditional on the retention of ownership by the finance company then the seller must settle that before selling the car, otherwise the vendor doesn't have the right to sell it. 

The car will remain the property of the hire purchase or finance company and they will have rights to it.

If the car has 'good title' and is not subject to any third party interest then you should have no problem.

If the money raised by the vendor has gone to pay off his hire purchase agreement, then your friend will acquire full 'title' to the car.

But she is right to be concerned.  But I'm afraid I'm not familiar with procedure and time scales involved if the vehicle still retains the interest of a finance company.

Cresh has written similar, and I agree. 

The advice about HPI checks is absolutely right.  It would have allowed your friend simply to walk away.  I have dealt with too many innocent purchasers of stolen vehicles who should have smelled a rat initially, but and HPI check would most likely have put them right off the purchase. 

Civil court may in fact be the only option should things go wrong.  If it was me I'd be round the house of the vendor today for my cash back.

Hi Poobear

Thanks for taking the time to look into this for me.......I have just called her, and she kinda expected this answer, she has already spoken to her dad and her dad says they are gonna contact a solicitor and see what they advise them to do...

Sorry but the others are right, tht's why it's worth pying the 30 odd pound to the AA etc. to get it checked out!  For this money they can check that there's no monies still owed, that the detils on the car are the right ones for tht vehicle and tht it's not been written-off at any point.

I feel so much for your friend but there are some realy B******s out there!!:rolleyes: