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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm interested to know what the legal position would be in

Resolved Question:

I`m interested to know what the legal position would be in the following circumstances.
In December of 2014 I part exchanged a BMW M5 for a Porsche 911. This transaction took place at showroom which has since ceased trading. The company allowed £11,000 against the BMW and should have paid off the balance of the finance on the agreement. Just to complicate the matter further; the garage contacted me with news that the M5 needed some repairs before they would be able to sell it on. I agreed to pay £1,000 as my contribution to the repairs. The transaction; after all; was made in good faith. I therefore drove from Sc**thorpe to Harrogate to the premesis of Auto Distinction and paid the sum of £1,000 in cash (for which I have the reciept). As far as I was concerned; that was the end of the story.
Being somewhat lax with my money; I left it until June of 2015 and then realised I hadn`t cancelled the direct debit to Santander;set up as finance on the M5.
A week after I cancelled the direct debit; I received a letter from Santander advising me that I had defaulted on my payment.
Auto Distinction had not settled the finance on the car and had sold it on with outstanding finance; which as you are aware; is quite illegal. To this day; I am still paying for the BMW. The final payment is due on the 23rd of this month. (May 2016).
I would like to know what my position is in respect of this car and if it would be worthwhile pursuing the matter.
Hope the information given is sufficient for you to advise on whether or not I should take the matter further.
Thanking you in advance.
Steve Guest
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Steve my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
I want to know to whom the BMW belongs. If I`m still paying for it; then surely it belongs to me and the current keeper has in his possession what is;in effect an illegally traded vehicle. It would seem he failed to carry out the hpi checks; and now I wish to know if I am entitled to have the vehicle returned to me.
Expert:  Ash replied 1 year ago.
If its on finance then the new owner does not own the vehicle and neither do you. It belongs to the finance company. They own it. You are not paying for the vehicle, you are paying for a loan which is secured on the vehicle.You have a claim against Auto Distinction - that is who any claim is against.But the owner if Santander if the finance is secured on it.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
It is on finance and the final payment is due on the 23rd of this month. I have kept up to date with all the payments.On completion of the finance agreement; does ownership of the vehicle transfer to me?
Expert:  Ash replied 1 year ago.
No, you sold on your interest in the vehicle. Santander are simply removing their interest in it. You have a claim for the debt and any extra costs to Auto Distinction. Therefore your claim against them is for £11k plus any additional costs.Does that clarify?
Customer: replied 1 year ago.
It does. Thanks for your help. It seems I'm at a dead end in that case. Auto Distinction have ceased trading
Thanks once again.
Expert:  Ash replied 1 year ago.
I am sorry. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
Not the answer I wanted to hear; but at least it has clarified matters. The advice was excellent; it's just the outcome that leaves a bitter taste.
Should any situation arise in the future that requires legal advice; I shall certainly be in contact with you. Thanks once again.
Expert:  Ash replied 1 year ago.
I am sorry its not better news. Thanks for the feedback and please do remember to rate. Thanks.
Customer: replied 1 year ago.
Just one more quick point. If I don't own it. Santander have ended their interest in the vehicle and the current keeper also does not own it. Who does?
Expert:  Ash replied 1 year ago.
The defunct company, it becomes an asset of the Receiver if they went under. Does that clarify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
It does. Thanks again.
Expert:  Ash replied 1 year ago.
Thanks!

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