Hi I've just found out the Polo I bought has finance on it from the person I bought it off, I didn't check because I didn't know how to check HPI on a Guernsey car...anyways I found out when someone told me and I found my car is still on finance on 'Conditional sale' until 2018...

I contacted the seller who has ignored me I then contacted the finance company, I'm waiting on what the Finance company will say but they did tell me not to worry about it and for me to try get a hold of him because they couldn't give me any info....

Anyways does anyone have any advice? Guernsey laws generally follow UK laws and I'm hoping to be able to prove I didn't know and claim 'Good faith' to be able to keep the car...I have messages from the seller telling me the car isn't on finance plus I paid him direct to his bank account so can prove the car

I need advice!

Edited 15 May, 201511 yr by Guernsey

If the original owner fails to pay off the remaining amount the finance company will go after him and recoop any loses and I'm aware that will include the car as they need to make the money back.

As a summary: the car that has an outstanding hire purchase or conditional sale agreement on it, you may not actually own it. A car bought in this way belongs to the finance company until all the payments have been made.

I would again talk to the finance company and explain the situation, they may allow you to keep the car or you may have to end up taking the guy who sold you the car to court. I'd seek some legal help, ask citizens advice and make sure you keep all paper and anything relating to the car.

I am in no way a professional I/clubpolo take no responsablity on the advice given.

Best of luck.

Have a look at this http://www.parkers.co.uk/cars/advice/selling/archive/Buying-a-used-car-with-outstanding-finance/

Could the seller not be planning on using the money you've paid for the car to pay off the outstanding finace? Hence telling you it won't have any outstanding finance as they plan on clearing it?

Still would be curtious for the seller to inform you of this, but could be the case.

UPDATE: The finance company have been dealing with this over the last 4 weeks, I phoned for an update and they told me not to worry about it but they cannot disclose anything due to data protection laws, I asked if the bond would remain on the car and they said yeah, I can only assume as long as he keeps paying I'll keep the car, doesn't fill me with confidence but there's nothing I can do.

Take him to the small claims court for non disclosure.

By buying a car you both enter into a contract, a contract must have full disclosure, he breached this.

there is no way he's gonna keep paying for a car he's sold, start the court procedings and be prepared for him to lie about it so get the orignal ad and any messages printed out

there is no way he's gonna keep paying for a car he's sold, start the court procedings and be prepared for him to lie about it so get the orignal ad and any messages printed out

I've got proof he lied to me via FB messages, I don't know how I can start small claimes if I don't have any bills to pay off? Unless maybe I wanted to swap the car back for the money? but I want to keep it

request a refundasthe car was falsly advertised, then take it to court when he refuses

A court judgement doesn't have to be a cash pay out, he could end up having to pay you the outstanding balance and you could possibly use it to offset the finance on the vehicle?

Any idea how much is left to pay?

whathe has done is this:

• kept the money remaining on the balance of the car

• sold the car for full price and hid the finance

basically he has doubled his money by stealing the finance money off you when it finally catches upwith you and youare forced to pay

Just to update you guys on what happened

 

• The owner stopped paying the finance on it (I think, they wanted the car back so i can safely assume this)
• I sought free legal advice through my insurer who said I should ask for a copy of the agreement (I never asked for it as the situation changed)
• I phoned the finance company and they changed their mind on taking the car, they've decided to let me keep it and I can sell it if I wish they said it wasn't my fault and thought it would be unfair on me (This could be because the car is only worth 2k as it requires 2k of repairs.)

 

I'm lucky they didn't take it from me and they have taken them from people before...

 

Overall the car is a bit of a lemon, but I guess that is buyers beware...

Edited 29 June, 201610 yr by Guernsey