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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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Hey I bought a car privately last year, I recently received

Customer Question

Hey I bought a car privately last year, I recently received a letter saying there's outstanding finance on the car and their trying to reposess it. I have gave them a new keepers questionnaire along with a copy of the receipt, v5 doc, service invoice with my name, address and reg of car etc, but they won't proof of payment. I borrowed the money from a friend and gave him it back. They won't statements to prove it but I can't give them any because it came from his savings jar at home. So he has wrote them a letter of confirmation of payment if that helps. I would like to know if I have any rights in this situation. I need to know ASAP before they come for my car! Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do they not accept that you purchased it?
Customer: replied 2 years ago.
They need to review the evidence I've gave them first then they will finalise the desicion.
Expert:  Jo C. replied 2 years ago.
They cannot just seize the car unless this was very early on in the purchase agreement and even if they do you would be able to recovery everything from the seller.
They need to seek a court order of possession which they won't do because it is almost certainly in negative equity. Cars do tend to deprecate.
What they should do is pursue the seller for the money which they would probably prefer to recovering the vehicle which is worth less than the finance.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.
So if they take it away before I get the chance to clarify this information with the finance company would I still be able to take legal action against them?
Expert:  Jo C. replied 2 years ago.
Yes but your better claim woule be against the seller.
Customer: replied 2 years ago.
The finance wasn't in the sellers name, it was the previous owner before him, they wont tell me their name or anything due to the data protection act therefore I won't know who it is in the first place. Plus if I try to sue the finance company could they not turn round and say that I didn't have enough proof that I bought the car? Ie not being able to provide them with bank statements. Although I still have receipt, v5 and other docs.
Expert:  Jo C. replied 2 years ago.
Where did you find him?
Who did you pay?
Customer: replied 2 years ago.
I found him on Facebook I met him in person when I bought the car. I paid £3200.
Expert:  Jo C. replied 2 years ago.
How did you pay?
Customer: replied 2 years ago.
I paid with cash my friend loaned me the money out of his big savings jar from when he worked on a farm I paid him it back gradually in instalments.
Expert:  Jo C. replied 2 years ago.
That is a problem.
You could ask the finance company to disclose his identity although they may refuse citing data protection.
Failing that you would have to rely on the innocent purchase defence.
I happy to continue with this but please remember to leave feedback for my answer.
Customer: replied 2 years ago.
I'm not sure. I spoke to them the first time they said they can't accept a letter of confirmation must see a transaction, but my friend spoke to them the second time in a different manner and he now reckons it's ok to send one.
My hands are tied I have gathered as much evidence as I can so all I can do is sit tight and hope for the best.
Thanks for your help if you have any other important info you'd like to give me or advice then please let me know.
Expert:  Jo C. replied 2 years ago.
Thanks.
I am happy to continue with this but I am conscious this is becoming a very long thread so please remember to leave feedback for my answer.