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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I aquired (swapped for my car) a car from a garage. They had

Customer Question

Hi,
I aquired (swapped for my car) a car from a garage. They had it advertised 'clearly' as HPI clear. Now almost a year later i have a knock on the door from Barclays dept agency telling me there is finance owed on the car. I have been as helpful as i can, and cooperated the best i can.
The garage no longer seems to be there to ask questions :( i do have a pic of their advert though.
Where do i stand, is there something epse i should be doing? Id rather be proactive on this matter. Or is it just let Barclays deal with it?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve please?
Alex

Customer: replied 11 months ago.
Hi, thanks for the response.
Id like to achieve keeping my obviously but not fully aware of where i stand legally. From what i understand is Baclays bank dont offer 'logbook loans' so the car itself doesnt belong to them. I have aquired the car in 'good faith' not knowing the car had outstanding finance. The garage (which has now disappeared) is surely in breach of contract. But with no means of contacting them i seem to be in a tight spot. What can i do to prevent the bank taking the car?
Customer: replied 11 months ago.
like to achieve keeping my car*
Expert:  Ash replied 11 months ago.

Do you know how much the outstanding finance is?

Customer: replied 11 months ago.
No Mam, only that it is baraclay and it was taken out in Feb 2015 over 36 months
Expert:  Ash replied 11 months ago.

Thanks. It's bad news I am afraid, in order to sell the car the garage needs title. They do not have that.

All you can do is settle outstanding finance, which makes the car yours and then to claim that cost back from the garage,

You need to write and set out your losses and request (of that cost) a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Alex

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