Any legal brains on here??

[Stradders]

Hey all,

Was not really sure where to post this, so figured here was probably best.
Calling anyone with any legal knowledge in the UK. Here is my dilema!

So I come home from work today and go through my post, and in there is a letter from a Motor Finance company saying...

"We have been informed that you are now the keeper of the above motorcycle which is subject of an un-discharged Conditional Sale Agreement with ***** Motor Finance Limited. Our hirer had no right to dispose of the goods without paying for them in full. As a consequence we retain an interest in the goods"

It goes on a little more, but they have sent me a questionnaire to complete about how I came accross the bike, how was it paid for, where was it advertised...that type of thing, which I will fill in tomorrow and send straight back.

My worry is them taking my bike away :spank:

Any advice? Anyone know how this type of thing works? Is there anything I can do? Perhaps pay for another HPI check and see what that says?

Any advice would very much appreciated.

 

[Morrisey]

If a loan or hire purchase agreement is still outstanding and you buy the car, the finance company will retain a legal interest in it until the loan is repaid in full and they may repossess it. You may believe that as an innocent purchaser you would retain good title on a vehicle in this situation. However, you would have to prove your status as an innocent purchaser to the finance company which, in practice, is an extremely difficult and lengthy process.

I doesn't look too good, If i were you i would be round to place were i bought it from pronto!

Looks like it could be an expensive lesson.

 

[Sotex]

Some issues come to mind as to how something like that might play out here in the States, but I'd hesitate to take a stab since you're in the U.K.

I would say, though, that I would hold off immediately filling out and returning any questionnaire from this outfit until you've got a better idea what's going on and what your rights are.

 

[grommit]

The finance goes with the vehicle, so if you are the current keeper then its is now your debt as I understand it.


If it was HPI checked then they should cover you.

 

[Stradders]

Thanks for the input guys... I found this on another blog/forum type thing while seaching for answers on google...

"Do you know the person you bought it from? Go back to them and have it out with them. It's their responsibility to clear the finance before selling it. If they don't the finance company can come and take the car away, regardless of . If you have a garage, make sure it's kept in there until it's all sorted out. Even better, do you have a mate/family member with a garage that doesn't live too near you that could do the same?
The finance company can ask you to clear the finance giving you legal title to the car. You could then take the seller to the small claims court to get your money back."

I still have the details of the guy I bought the bike from, I thought he would be ok - He is a Police Officer, so I also know where he works etc, and thought he wouldn't do me over, so to speak. He included a HPI check print out with the bike showing it clear, so can only assume he took out finance to buy it, and then sold it to me not long after. (he owned the bike for only 6 weeks) he said because his new partner did not like bikes, but who knows!!

I suppose I should have done an HPI check myself... I hope this does not turn into an expensive lesson.

Maybe I can sort this with the finance company and take the previous owner to court???

 

[greg]

just be careful of accidentally agreeing to something

 

[TSi Fly]

I'm no expert ( reminds me of that joke "I'm no gynaecologist but I don't mind having a look")
1. the finance company might have made a mistake.
2. I would hide the bike in the short term until it is sorted out to prevent it from being snatched back by the finance company.
3. Contact the seller, ask for a copy of the HPI check if its a mistake he should help you sort it.
4. Find out if he is actually a Police officer and then contact his superior asking if they can help sort it, I'm sure his superiors would love to know.

 

[DDS]

I'd take an HPI check out for myself as you don't know if it's just a scam of some kind, before you start anywhere.

 

[Motogiro]

Another thing to consider is. Are they really who they say they are? I wouldn't immediately respond with any info until I knew this was legit contact to begin with! Anyone can post anything today.....Make sure your not paying for something that doesn't exist in the first place!

 

[cowauto]

By no means am I a legal buff, but this scenario is just screaming SCAM at me! The finance company would know who you bought the bike from, and seeing as they sent you a letter they know who you are and your address - why ask for all these details?

If you've got the funds, I'd speak to a solicitor about this (absolutely no harm in doing this if the finance company is genuine), alternatively pop down to your local Citizen's Advice Bureau (it's free!).

I would also echo other's comments about keeping the bike somewhere other than your home address until it's all ironed out. I wouldn't trust bailiffs much more than the thievin' blighters who come up with these scams.

Keep us all updated on how it turns out...

H.

 

[Kazza]

If the finance company is legit, even if you got a lawyer, you have 2 options:
1 They get your bike and you are out of pocket
2 You 'pay out' what the other guy owes and you keep 'your' bike. He could only owe $200, but it could also be $2000

It sucks but it is the law in Aus too.

Keep us informed and good luck


Sent from my iPhone using Tapatalk

 

[Stradders]

Quick update: So I called the Finance company and did a bit of digging. They are a legit company, and are really just trying to find out how I came about the bike, how it was sold to me, I guess to make sure it matches with the other guys story. But I asked them about them taking the bike, and they told me they absolutely not be taking the bike away from me, they are just interested in settling with the other guy, they will be sending me a letter with updates and to also let me know once I have the right of title to the bike. If I need to pay anything to settle with the company, I guess I will just pay up and then take the other guy to court. but that is a way off yet. I'll let you know how that one pans out....

 

[DDS]

Just out of interest, how much is outstanding on the bike?