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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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my son traded his breakdown vehicle for a car for his wife

Resolved Question:

my son traded his breakdown vehicle for a car for his wife they had this car for a few months then he traded the car and his santafe 4wd for a transit van had the van for about 2/3 weeks then on Friday 2men with the log book for the wife car told him it was still on finance so they took his transit of him I think he traded the wifes car and his santa fe for the transit have they got the right to do this should he get his santafe back or claim off the person he brought the car off can we take him to court we need to know what to do
how do we get the previous owner of the car
thankyou
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Just because your son bought a car on which there was finance owing, which he then sold, does not give the finance company the right to come along now and seize his transit van in order to recoup their finance. Effectively, the finance company would have to get a judgment against your son before they could seize any car belonging to him once he had sold the car he bought for his wife. The finance company have to right to simply come along and seize the transit van he now owns. Accordingly, your son should go along to the Finance company and claim his transit van back. Additionally, he should make a report to the police in respect of his transit which has been stolen. A finance company has no right to trace their money into a new vehicle such as a transit which your son has bought. In this instance, the finance company must either seize the car with the new owner who has it or else sue the person who owed them the finance money for their money. But it has nothing to do with your son and the finance company were out of order in taking his transit.

Customer:

I now have just been informed that the person who took his van is the same people who had the car and santa fe for the

Customer:

the persons who took the van was the same people who had the car and santa fe as part exchange it was not the finance company so where do we go from here

Buachaill :

2. Again, just because the car was seized by the finance company (I assume) does not give the people who your son exchanged it with them the right to come along and simply seize their transit back. They would need to give back the Santa Fe if they were to do that. Otherwise if they don't do that, then they need to sue your son and get judgment before they can seize any of this goods.

Customer:

can we go to the police about this what happens if they refuse anything back

Buachaill :

3. Yes, you can go to the police to get the Santa Fe back. Effectively, the exchange would then be unwound, or rescinded, as it is known in law.

Customer:

what happens if they have sold the santa fe and van also without my knowlege he wrote a disclamer when he thought there was some comeback on him

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