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      06-06-2012, 02:25 PM   #45
fulcrum
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As I see it Lombard own the car.
But The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement.

Neither the woman or her boyfriend had the right to sell it without Lombards' permission.
I suspect the woman knows more than she is letting on.
But the obvious answer is to trace the boyfriend and sue.
The boyfriend will say he knew nothing of the finance and gave the money to the girlfriend - the girlfriend will say what she is saying.
The police will say that it is a civil matter - you will have to somehow show that a crime was committed.
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      06-06-2012, 02:35 PM   #46
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this sounds like a right nightmare!

from reading the thread from start to finish I would feel as though the previous owner knew exactly what she was doing. she knew she was going to declare bankruptcy so had her fella sell the car for her. i would expect they are still together and she has the money from the car sale in some roundabout way. i may be wrong and it doesnt really matter either way where the money is anyway.

my suggestion would be to not strip the car down, not to write it off into a tree, not to set fire to it or pay someone to pinch it. keep your conscience clear and speak to the finance company and explain the situation. hopefully they can help. i can only guess that they would do everything to recover the money from the previous owner before resorting to taking the car back.

on another note, is the car even legally yours or is it still the previous owners since she would have had to sign the v5??? if the bf sold it for her is this legally binding? only a thought....
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      06-06-2012, 02:39 PM   #47
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V5 only shows registered keeper and has no legal weight to show ownership. To show ownership, you're going to need the receipt / bill of sale.
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      06-06-2012, 02:41 PM   #48
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Quote:
Originally Posted by rsmallwo
hmmm, time to write ur car off in a safe but definate accident. im thinking the car can be reclaimed by the finance company but the payout to you cant be touched by them. your not liable for this other womans debt but they can take the car back. As you never knowingly entered into a contract with lombard so you dont have to abid by its t&c's, the main one being fixing any damage to the car. Ur insurance will see u as the owner of the car as u will have v5 and hopeful a receipt of purchase for the 9k.

This sounds too simple to me, sure someone will point out why it wont work. Only pitfalls are lossing ncb and insurance goin up i can see. cheaper than 9k though....
whilst what i propose might be considered immoral, is it do-able? yes this person making a claim puts up everyones ins premiums and maybe they should accept the outcome and learn from it.
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      06-06-2012, 02:48 PM   #49
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Why was it HPi'd after a month and why?
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      06-06-2012, 02:49 PM   #50
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Originally Posted by rsmallwo View Post
whilst what i propose might be considered immoral, is it do-able? yes this person making a claim puts up everyones ins premiums and maybe they should accept the outcome and learn from it.
It can be done.

However insurance companies are wise to this behaviour now.

They would investigate and not only would the buyer be 8.5k down there would also have a criminal record.

8.5k is a lot of cash. Having fraud on your criminal record will do damage for years to come.
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      06-06-2012, 03:06 PM   #51
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Quote:
Originally Posted by fulcrum View Post
As I see it Lombard own the car.
But The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement.

Neither the woman or her boyfriend had the right to sell it without Lombards' permission.
I suspect the woman knows more than she is letting on.
But the obvious answer is to trace the boyfriend and sue.
The boyfriend will say he knew nothing of the finance and gave the money to the girlfriend - the girlfriend will say what she is saying.
The police will say that it is a civil matter - you will have to somehow show that a crime was committed.
This is more like it. I was reading into the act it seems pretty straight forward in terms of being innocent purchaser. Just the boyfriend bit that may send things backwards. She will obviously give a name and address for him that will be incorrect which will put her in the clear?
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      06-06-2012, 03:12 PM   #52
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Quote:
Originally Posted by rickyjones1209 View Post
this sounds like a right nightmare!

from reading the thread from start to finish I would feel as though the previous owner knew exactly what she was doing. she knew she was going to declare bankruptcy so had her fella sell the car for her. i would expect they are still together and she has the money from the car sale in some roundabout way. i may be wrong and it doesnt really matter either way where the money is anyway.

my suggestion would be to not strip the car down, not to write it off into a tree, not to set fire to it or pay someone to pinch it. keep your conscience clear and speak to the finance company and explain the situation. hopefully they can help. i can only guess that they would do everything to recover the money from the previous owner before resorting to taking the car back.

on another note, is the car even legally yours or is it still the previous owners since she would have had to sign the v5??? if the bf sold it for her is this legally binding? only a thought....
I also think that the woman has done this on purpose to keep the car money from the banks etc. like you said this makes no difference now. The v5 was signed by the boyfriend, also wrote a receipt and signed with same signature
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      07-24-2012, 11:17 AM   #53
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What was the outcome of all this?
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      07-24-2012, 01:40 PM   #54
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Help previous owner owes finance

Kaspa

You need to inform the finance company immediately as legally the car belongs to them. Same thing happened to me some years ago but acted very quickly & got my money back. Informed finance company who were very sympathetic but bottom line is that it is theirs. They will pursue individual for money, but unfortunately you do not have a leg to stand on

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      07-24-2012, 03:52 PM   #55
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Let's pretend for a moment that nobody knew the car had outstanding finance. The OP's sister would now be driving round in her new car which she bought from the boyfriend of the owner who had been authorised, by the owner, to sell the car for her.

First point: whether the boyfriend gave the money to the original owner or not, has no impact on the OP's sister - it is totally irrelevant and is a matter between the boyfriend and the seller.

One day, the finance company comes a calling to Kaspa's sister looking for the car but she, under the terms of the act has good title to the car as an innocent purchaser and they should go away empty handed.

All the problems raised in the various posts are of a type and variety that could possibly require a convoluted court case to sort out and for £8k, Lombard aren't going to bother. Their client is bankrupt, they write it off. If they want to pursue her for selling a car when she wasn't entitled to, that's their problem, not Kaspa's sister.

I wonder what did happen...
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      07-24-2012, 04:16 PM   #56
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Thank you to everyone for your helpful input.

I'm pleased to tell you that I managed to get the money back.
After a few more meetings with the women who owned the the car it became apparent that this was definitely one big attempt to keep the vehicle sale money and not surrender it to the banks. Well let's just say she received a visit from a few people who weren't so understanding and she later offered to pay the money back if we drop the car back off.

That was that. Oh and I decided to tell Lombard what she tried to do.
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      07-24-2012, 04:20 PM   #57
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You get the Birmingham boys down? Yeahhh you did, well played my friend - well played indeed.

Nah seriously, glad it all worked out in the end.
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      07-24-2012, 04:31 PM   #58
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Originally Posted by NavG View Post
You get the Birmingham boys down? Yeahhh you did, well played my friend - well played indeed.

Nah seriously, glad it all worked out in the end.
Lol, sometimes your left with no choice but to go the old school route of using a bit of muscle.
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      07-24-2012, 04:59 PM   #59
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Lol, sometimes your left with no choice but to go the old school route of using a bit of muscle.
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      07-24-2012, 06:09 PM   #60
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Do not risk prison and/or a criminal record. Do not do anything dodgy. Its 9k and its a lot of money but it ain't worth ruining your life over.

Edit Just seen the update lol
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      07-25-2012, 02:13 AM   #61
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Excellent outcome!
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      07-26-2012, 05:36 PM   #62
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Quote:
Originally Posted by KASPA View Post
Thank you to everyone for your helpful input.

I'm pleased to tell you that I managed to get the money back.
After a few more meetings with the women who owned the the car it became apparent that this was definitely one big attempt to keep the vehicle sale money and not surrender it to the banks. Well let's just say she received a visit from a few people who weren't so understanding and she later offered to pay the money back if we drop the car back off.

That was that. Oh and I decided to tell Lombard what she tried to do.
So after everything kaspa this woman who declared herself bankrupt decided to give u 8k cash and take the car back. What will she tell lombard now? and the car will have her as twice owner within a few months? And lastly you sent the lads down? To what drill her knee caps? Why mate is everything so dodgy when it comes to you?
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      07-26-2012, 06:12 PM   #63
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Originally Posted by Awfully_Polite View Post
So after everything kaspa this woman who declared herself bankrupt decided to give u 8k cash and take the car back. What will she tell lombard now? and the car will have her as twice owner within a few months? And lastly you sent the lads down? To what drill her knee caps? Why mate is everything so dodgy when it comes to you?
Whatever happens with the car is not my problem anymore, if you use your brain a bit it's not that hard to understand, they will just take it back off her obviously. Ye they do what they have to do to put these scammers straight, in this case just get my money back.
Nothings dodgier then your bullshit excuse about having your account hacked
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      07-26-2012, 06:29 PM   #64
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All valid points kaspa. Each to their own I guess.
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      07-27-2012, 01:44 AM   #65
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lol wow this thread just took an even darker turn.
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      07-27-2012, 11:00 AM   #66
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Bitch got served, obviously.
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