BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off

Honest John Back Room » Legal matters
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Fri 24 Sep 2021 12:15
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - Christoff

Hi,

Another scam story!

I'll try to keep the story v brief;

1. I sold my BMW to a dealer (company name & VAT number were legit). He paid the deposit to me directly. He never payed off the outstanding HP (99% of the value of the car).

2. He sold the vehicle to an innocent party. (who didn't HPI check it and doesn't have the V5)

3. The guy has disappeared and the company registration expired.

4. I have now located the car via the tracker but I dont know the name of the new "owner".

5. I still have the V5 and currently still paying the vehicle tax.

6. The police are not interested as the car was not "stolen" - it is a civil case.

What can I do?

Can i simply repossess/take the car?

All advice greatly appreciated.

Thanks

Edited by Christoff on 24/09/2021 at 12:21

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Fri 24 Sep 2021 13:17
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - daveyjp

Call the finance company as they are the ones with an interest in the vehicle.

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Fri 24 Sep 2021 14:04
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - Christoff

I called the police and the Finance company. They are aware of the full story but offer no help other than the "hand the keys back" type of ending the contract. For which I will be liable for £5000 penalty charge plus I need to have the car, to hand back to them.

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Fri 24 Sep 2021 17:32
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - Grenache

So if you are still the legal keeper, then the person who is using the car is doing so without your permission? Surely that's a police matter? Is the car still insured by you, if so then perhaps the other person is driving without insurance too?

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Fri 24 Sep 2021 17:53
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - sammy1

"""5. I still have the V5 and currently still paying the vehicle tax."""

If the dealer were genuine he should have taken the dealer part of the V5. The person who now has the car may be part of the scam and driving not taxed and insured. Who these days would buy a car without an HPI check, Why have you not claimed the road tax from the DVLA when the car was "sold" to the dealer. The car belongs to the finance company so I would suggest that it is between the police, the finance company and yourself to sort it out. I believe obtaining a car by deception is a criminal offence.

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Fri 24 Sep 2021 17:41
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - Brit_in_Germany

I would call fraud a criminal offence still.

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Sat 25 Sep 2021 08:48
BMW 4 Series Convertible - Sold my car to dealer who never paid the HP off - Palcouk

You need real legal advice;

You sold the car and as such are no longer the legal owner, whether you still have the v5 or not, or even if you are paying the DVLA monthly

As far as the finance company is concerned, and legally your are liable for their settlement costs

If the Company you sold the car to has been dissolved you personally are left with all costs/fees involved with the finance Company

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