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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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Hello sir/madam i bought a car few months ago from a private

Customer Question

Hello sir/madam i bought a car few months ago from a private seller and paid full amount for it now i found it still has an outstanding finance on it where do i stand now and what are my rights?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Are they trying to reclaim it from you please?
Customer: replied 3 years ago.

For Jo C


no i don't know but i am afraid that they might take the car away.


 

Expert:  Jo C. replied 3 years ago.
Thanks.

They cannot enforce the finance against you. You are just simply not liable for it.

They can only reclaim the car without a court order if its very early on in the finance agreement. That is not likely.

Obviously they do have a claim to the car as the seller had no right to sell. However, you can rely on the innocent purchaser defence which does not apply to private sales. Under that legislation you can argue that you are entitled to keep the car as good title has been passed to you because you are an innocent purchaser. The Court would consider in what circumstances you came by the car and how much you paid etc.

If you do lose that argument though, which isn't very likely, then you do have a claim against the seller because he should never have sold this vehicle to you. You can recover your money from him if the worst does happen.

Can I clarify anything for you?

Jo