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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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If you purchase a car from someone paying cash!then a finance

Resolved Question:

If you purchase a car from someone paying cash!then a finance company get in touch with you and tell you there's outstanding finance on the vehicle you didn't no about and takes the car from you,how do I get my money back?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello, I am a solicitor with 20 years experience I will try to help you with this.

LondonlawyerJ :

Have yo hear back from the Fraud Agency.

LondonlawyerJ :

(apologies for typing just got in and hands are cold)

Customer:

no not yet

LondonlawyerJ :

Presumably you have the details of the person who sold you the car. You could commence proceedings against hem int the civil courts. If the amount of money you have been swindled out of is less than £10,000 then this will be heard in the small claims court which is designed for people to act without the assistance of lawyers and has a relatively straightforward procedure. This link will take you to the Government website about how to do this. https://www.gov.uk/make-court-claim-for-money/overview

LondonlawyerJ :

The advantage of this is that you would be in control of matters yourself. You could wait for the Fraud Agency to do something but this could take a long time and also although eventually a court could make a compensation order in your favour it would be down to the CPS to apply for it. I would not want my financial claim in their hands.

LondonlawyerJ :

With a successful small claim ultimately you can send the bailiffs round to the seller's address to seize his belongings for sale to satisfy his debt to you. You should send him a letter explaining what he has done wrong and that you want your money back and giving a period of time (eg 14 or 21 days) to pay up. Tell him in the letter that you will commence action if he has not paid at the end of that period.

Customer:

Yes I do!Do you think I will get my money back?And how long does this process through the small claims usually take?

LondonlawyerJ :

A few months usually. A bit longer if he refuses to pay and you need to take action to enforce the judgement.

Customer:

Do you mean by taking action small claims?

LondonlawyerJ :

Yes.

Customer:

Do I do this before or after I've sent him the letter?

Customer:

The other thing is he has my address to!So I'm a bit concerned in case of any reprisals!And I'm not always there as I stay over my girlfriends!

Customer:

Which means my elderly father is home alone sometimes

LondonlawyerJ :

You issue proceedings after the time limit in your letter before action has expired. I can't really comment on the risk of reprisals except to say it would be a crime and threats etc. would be the sort of crime the proper police would respond to.

Customer:

Thank you very much for your help

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