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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought a car for cash from a trader in 2005 & when trading

Resolved Question:

I bought a car for cash from a trader in 2005 & when trading it in at a garage last year, found that finance had been taken out against the registration number in 2007
Do I have the legal right to now scrap the car & can I be held in anyway responsibility for any debt in the future ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

In order to sell something you must have what is called 'good title'.

Alex Watts :

As there is finance on the car, it belongs to the finance company so the seller can never have good title.

Alex Watts :

Therefore you are not technically in law the legal owner.

Alex Watts :

This means that you can not scrap the vehicle.

Alex Watts :

You are not responsible for the debt but it is quite possible that the finance came come and repossess the vehicle.

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Would there be any way of investigating the finance to see if this could possibly be an admin error, as opposed to fraud, in order that we can then scrap / sell the car

Alex Watts :

You can write to the finance company concerned and ask to see if the matter was settled.

Customer:

Would there be any way of investigating the finance to see if there could possibly be just an admin error, as opposed to fraud, in order that we can then sell / scrap the car ? Approx what would this cost & what area would such a case come under if we were trying to find a local solicitor to act on our behalf ?

Alex Watts :

You can write to the finance company concerned and ask to see if the matter was settled.

Alex Watts :

To find a local Solicitor please go to:

Alex Watts :

http://solicitors.lawsociety.org.uk/

Alex Watts :

It would be dispute resolution

Alex Watts :

Can I clarify anything?

Ash and 3 other Law Specialists are ready to help you