Group Captain Smudger

Advice please. On behalf of a second party. They purchased (cash payment)a vehicle from a dealer over two years ago. Today they have received notification that the vehicle is subject to finance repayments. Not sure if it was HPied at purchase. Who is responsible for the o/s debt - seller or purchaser?

DeerHunter

If the dealer is still there it must be his problem (as long as you have a receipt!). If he aint, anybodys guess?

JoeyDeacon

If the dealer isn't there anymore then it is the purchasers problem. Same as if you bought a car and later discovered it had been stolen.

robski

Im pretty sure (but not 100%) that if the car is subject to finance purchase title doesnt change until the payments have been made, i.e. it can be reposessed.
Im sure this is why dealers do HPI checks when part ex'ing cars.

I would contact your citizens advice bureau asap.

robski

MattN

yup, current owner could have the car re-possesed if the finance co decide that's what's best.

There was a tread about this in non scooby related a few days back, might be worth taking a look.

ptholt

Not good news this one,
you can try to talk to citizens advice re the dealer selling a car with outstanding finance.

But its up to the person buying it to make sure it hasn't got anything on it. I presume the dealer will simply plead ignorance just like the poor person who now owns the car.

SJobson

Smudger, your second party's contract was with the dealer who sold the car - they wouldn't have had title to sell it if it was on outstanding finance, so they are in breach of contract. Money back time. Hope they're still good for it.

Not an obvious benefit - but if the money is returned in full, that's 2 years' depreciation-proof ownership!