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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 236
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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The police have been and taken the keys motorhome saying it

Customer Question

The police have been and taken the keys for my motorhome saying it belongs to some else., the company where I brought it have not paid the man for which it belonged to.
The vehicle is on finance what do I do?
Submitted: 7 months ago.
Category: Law
Expert:  propertylawyer replied 7 months ago.

Hello

This is very unfortunate.

When you say the vehicle is on finance, do you mean the original 'owner' had a finance arrangement in place? Or have you entered into a financial arrangement?

I will assume there was finance in place. Therefore, if there is a finance arrangement in place before you purchased the vehicle then the vehicle belonged to the finance company until all repayments have been made.

You have you options (1) try to recover the money you paid to the seller for breach of contract. Did you buy private or from a trader? How did you purchase the vehicle, cash/credit card/loan. How much did you pay? Do you have receipt of purchase/written contract? If you paid cash with a verbal contract it will be more difficult.

(2) how much finance remains unpaid on the vehicle? You could, depending on the amount, pay the outstanding finance. This may not make financial sense if a considerable sum is outstanding.

I would imagine that option 1 is best. If you have the necessary paperwork work and details then you can sue the seller using the online service, money claim online.

I hope this helps. Please let me know if you have any questions or queries.

Expert:  propertylawyer replied 7 months ago.

Hi

I am just checking in with you to see if you have any further questions or queries in respect of my answer. I would be happy to assist you further.

If not, please can I ask you to take a moment to accept/rate my reply. Otherwise I will not get paid for the time I have taken to consider and type my reply. Thanks.

Kind regards

Customer: replied 7 months ago.
Hello,Thank you for your response, right what has happened is, I already had a motorhome financed through Shawbrook asset finance, I traded this one in for a bigger one with a dealer, Shawbrook once again financed the new motorhome this was some 10 months ago, then on Friday night I had a call from the police saying that this motorhome actually belonged to someone else as he had not been paid for it from the dealer, and wanted to recover the motorhome and them wanted me to had to hand over the keys, I explained that I had brought the motorhome in good faith and had a receipt but however was on finance with Shawbrook Bank and technically did not belong to me, however the Police insisted that that I had to give them the keys (or I would be arrested for obstruction) so it could be returned to the rightful owner. Now where does this leave me, I have yet to get in touch with Shawbrook as there offices are closed at weekends, whilst there is finance outstanding I have around £50k of equity within this asset. If this does legally belong to this other man, what happens to the finance agreement and my loss of equity??. Regards ***** *****
Expert:  propertylawyer replied 7 months ago.

Hi Gavin

The seller who sold the motorhome to you apparently did not have title to it. Therefore, on the face of it, is in breach of contract with you.

Is there a written contract between you and the seller?

You have a receipt at least.

Did you buy from a dealer or private individual?

You do have more rights against a dealer than a private individual.

You will need to contact Shawbrook and inform them of this.

You have a potential claim for breach of contract against the seller.

How much did you pay for the motorhome?

Customer: replied 7 months ago.
HiI have a copy of the invoice from the seller, which is made out to Shawbrook Bank and in turn I have a finance agreement with Shawbrook.
The motorhome was purchased from a dealer.
I will be informing Shawbrook first thing tomorrow.
I paid £166`800.00 for this motorhome, less a trade in price for my old one of £108`000.00.
As this motorhome is technically owned by Shawbrook Bank and hired to me under a hire purchase agreement surely this is there problem and this agreement will become null and void and I can get my money back from them for the loss of equity of around £50k?
Expert:  propertylawyer replied 7 months ago.

Hi Gavin

I am not so sure that it will be that simple. It will depend on the terms of the agreement you have with Shawbrook and also the terms of the contract between the dealer and Shawbrook.

Due to the considerable sums involved and the potential complexity of the contractual arrangements between the dealer and Shawbrook plus between you and Shawbrook this is definitely exceeding the advice that can be given via this website.

My suggestion is this, call Shawbrook and explain the situation. Do make detailed notes of the conversation and take the name(s) of who you speak too. I strongly recommend that you find a local solicitor who specialises in litigation / contractual disputes. Many solicitors offer a free or reduced fee initial consultation.

Clearly there is a potential claim but this would need to be assessed by reference to the contractual paperwork.

Expert:  propertylawyer replied 7 months ago.

Hi Gavin

I am just following this up. Did you get to speak to Shawbrook today?

I would be interested to know how you got on.

Kind regards

Paul

Expert:  propertylawyer replied 7 months ago.

Hi Gavin

I would be interested to know how you got on with Shawbrook.

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 236
Experience: Property Solicitor with expertise in commercial and residential property transactions.
propertylawyer and 5 other Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Sorry for delay.It is in the hands of shawbrook and is still being investigated by the police, it seems the company has sold it without the permission of the so called owner. But shawbrook have said this would be there error and I would be reimbursed for any losses that I incour.Regards Gavin
Expert:  propertylawyer replied 7 months ago.

Thank Gavin for the update.

Good to hear Shawbrook will cover this. That must be a relief for you.

I hope you get a good result. Good luck

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