I bought a car with outstanding finance.

[AbuNajiWaterRat]

I bought a car 20 months ago from a work colleague.
I didn't do a HPI check as I had worked with him for years & trusted him.
He wanted a quick sale as he was going OOA. I left the RAF 2 months after the purchase.

Yesterday I get a letter from a finance company saying the hire purchase is undischarged & that the seller had no right to dispose of the vehicle & as a consequence they retain an interest in the goods.

I have a questionaire to fill out regarding the purchase details, cost, who from & where etc.

I paid part cash, part cheque & cant find the receipt.

Does anyone know where I stand, will I lose the car?

 

[SORRY CJ]

I bought a car 20 months ago from a work colleague.
I didn't do a HPI check as I had worked with him for years & trusted him.
He wanted a quick sale as he was going OOA. I left the RAF 2 months after the purchase.

Yesterday I get a letter from a finance company saying the hire purchase is undischarged & that the seller had no right to dispose of the vehicle & as a consequence they retain an interest in the goods.

I have a questionaire to fill out regarding the purchase details, cost, who from & where etc.

I paid part cash, part cheque & cant find the receipt.

Does anyone know where I stand, will I lose the car?

Bringer of bad news mate sorry..... I think (anyone correct me if I'm wrong) your mate had no right to sell it without paying it off and therefore you don't actually own the car, the finance company does.
Looks like they will want the car back or some payment of outstanding finance, so you may loose it.

Sorry mate

SCJ

 

[Barch]

I bought a car 20 months ago from a work colleague.
I didn't do a HPI check as I had worked with him for years & trusted him.
He wanted a quick sale as he was going OOA. I left the RAF 2 months after the purchase.

Speak to the person you bought it off and get him to pay off the HP agreement, if he is still in the mob you are in a very strong position with regards to getting it sorted by giving him some subtle threats.

If that doesn't work complain to the RAF and get your pound of flesh.

 

[Climebear]

Speak to the person you bought it off and get him to pay off the HP agreement, if he is still in the mob you are in a very strong position with regards to getting it sorted by giving him some subtle threats.

If that doesn't work complain to the RAF and get your pound of flesh.

This is a private matter between 2 individuals. It is not a matter for the Service, unless it breaches the Service test. Personnally, I can't see how this will effect the Service Test as laid out in AP1:

‘Have the actions or behaviour of an individual adversely impacted, or are they likely to impact, on the efficiency or operational effectiveness of the Royal Air Force ?’

You can't be the first person that this has happened to; it may well be worth a visit to the local Citizens Advice people (or go online) to see if there is a legal remedy open to you.

 

[Barch]

This is a private matter between 2 individuals. It is not a matter for the Service, unless it breaches the Service test. Personnally, I can't see how this will effect the Service Test as laid out in AP1:

Seeing as the original seller sold something that wasn't his to sell you may find that a criminal act has taken place.

 

[Stevienics]

Seeing as the original seller sold something that wasn't his to sell you may find that a criminal act has taken place.

...and even if it hasn't, won't do any harm whatsoever to threaten to totally screw his career over in these uncertain times. This sort of mud sticks pretty well, even when it is not supposed to.

 

[SORRY CJ]

This is a private matter between 2 individuals. It is not a matter for the Service, unless it breaches the Service test. Personnally, I can't see how this will effect the Service Test as laid out in AP1:



This is true and as the buyer is no longer serving so the mob won't get involved cos to be honest it wouldn't be worth it.

SCJ

 

[SORRY CJ]

Just found this:


You are also entitled to expect the seller to have ‘good title’ to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller.

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.
It is worth noting that some motor traders pretend to be private sellers to avoid their legal obligations to consumers. If you come across a situation like this, contact Consumer Direct on 08454 040506.

GO HERE FOR TRADING STANDARDS

Hope this helps?
SCJ

 

[Barch]

This is true and as the buyer is no longer serving so the mob won't get involved cos to be honest it wouldn't be worth it.

SCJ

I would let the RAF make that decision!

 

[Climebear]

Seeing as the original seller sold something that wasn't his to sell you may find that a criminal act has taken place.

Then that would be a matter for the Civilian Police to deal with and, only if any subsequent charges are proven in court would the Service take any action.

 

[pie sandwich]

I would call the blokes CO anyway and inform him of the situation, You might find having his boss lean on him to pay the HP off is better than sending a threatening letter/phone call.

End of the day, sod him he has done you up like a kipper. ( if it was me I would knee cap the git then get him to pay the HP )

 

[SORRY CJ]

I would let the RAF make that decision!

Come on do you honestly think the RAF are going to track the seller down march him to the bank to get this money???? Going to the RAF this way is just trying to get your own back by "telling teacher". He would possibly have a little chat with his boss saying that he was a bad boy doing this and that he should pay the man and that would be it, what could his CO really do .

Trading Standards and the CAB should be the first port of call. The most important thing here, other than getting his pound of flesh by seeking the seller down to try and get some money off him, is to ensure that the car is not taken away......

SCJ

 

[Barch]

It seems there are 2 ways of looking at the OPs problem, some say go the CAB and/or legal route and the other is to threaten the seller into sorting the problem out.

In this day and age with redundancies and uncertainties the threat of RAF action may get him to sort it out and no more said, the other plan will almost certainly get the RAF involved in an official capacity.

 

[SORRY CJ]

It seems there are 2 ways of looking at the OPs problem, some say go the CAB and/or legal route and the other is to threaten the seller into sorting the problem out.

In this day and age with redundancies and uncertainties the threat of RAF action may get him to sort it out and no more said, the other plan will almost certainly get the RAF involved in an official capacity.

True there is always the worry of getting kicked out.....however, the RAF would prob have to fight that one in the courts if it ever came to that.

It is up to Abunaji to decide the direction to go.

SCJ

 

[Teh Wal]

... Going to the RAF this way is just trying to get your own back by "telling teacher". He would possibly have a little chat with his boss saying that he was a bad boy doing this and that he should pay the man and that would be it, what could his CO really do...

I tend to agree, sorry to be harsh but ANWR has already stated that he failed to do a HPI check so he should shoulder some of the responsibility for a mess of his own making. There's a good chance that if the OP were to approach the sellers boss he may well take that stance - ANWR had the chance to see this coming but didn't take the first step to protect himself. I know we should be able to trust our mates but sometimes we obviously can't.

Having said that I do have some sympathy for ANWR and wish him luck.

 

[AbuNajiWaterRat]

Thanks for your advice & sympathy guys.
Yesterday I contacted Citizens Advice, they told me to send a letter to the finance company explaining when, where, how much I paid & to whom etc & that I bought the vehicle in good faith believing that the seller owned the vehicle. If the finance company continues to pester me then they CA told me to contact consumer direct.
I also got in touch with my bank; First Direct who were very understanding, they are sending me a copy of the cheque I used to pay him, also a bank statement showing a cash withdrawal on the date I bought the car.
I also contacted the finance company by phone but they were unwilling to divulge any information whatsoever.
I tried phoning the seller today to find out what’s going on but his phone was turned off.
I guess it’s just wait & see now.

 

[SORRY CJ]

At least that's a start...and in the right direction.
Hope it all goes your way? Keep us updated with what's going on, like to think there is some justice in this world.
Good luck and was glad to help.

SCJ

 

[Craig855s]

True there is always the worry of getting kicked out.....however, the RAF would prob have to fight that one in the courts if it ever came to that.

It is up to Abunaji to decide the direction to go.

SCJ

Bringing the Royal Air Force into disrepute by being a dishonest pikey b*stard is what I'd have him kicked out for if I was his line manager and wanted him out over this situation. I'd definately go in over his head to his line manager and tell him/her that this chap owes a finance company money for a car he sold to you.

 

[vim_fuego]

How would you assess this 'colleagues' character before he sold you the car...Normally we say in jest 'but would you buy a car off him?' In this case you did but what sort of person is he actually?

 

[AbuNajiWaterRat]

I hate to typecast, but he is a Scouser, I should have known better really.