Peugeot Partner - HELP !...I've bought a vehicle that was on finance | Motoring discussion | Back Room Forum

Thu 4 Aug 2016 08:15

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - ALED HUGHES

4th August 2016

I bought a van outright for just under £8,000 just over 12 months ago from a garage called STRATA VEHICLE SOLUTIONS LTD in Wednesbury in the West Midlands. All was ok until 2 weeks ago a couple of guys called at my house working for Peak Collections ltd, I was not at home so they managed to get my phone number and called me to inform me that they were working on behalf of peugeot financial services and that £7500 was still outstanding on the vehicle. At the time I bought it I did do a basic hpi check to ensure it had'nt been stolen, written off...etc but crucially I did'nt do the outstanding finance check as I was buying from a large company that had been around since 1985.

Obviously at this time my heart sank and was in shock. I rang strata but the telephone number had been disconnected. I ran a check on google and found out that the firm which was part of S P HOLDINGS LTD had gone into administration. I rang their number and a guy answered from an administration company explaining what had happened.

Since then I have rang peugeot financial services who have confirmed that there is still finance outstanding and that they have a legal interest in the vehicle. I asked them to send it in writing to me but they would'nt, instead they made an appointment last Friday for peak collections to call at my house again with a "new keeper questionaire",so last Friday they came round again with this form (the vehicle was not at my property when they called). On the form it asked for name, address, when did I purchase, how much for, mileage when purchased, current mileage, how I paid for it, where did I buy it, how I found it....etc. Anyway I asked for a written letter or anything official explaining the situation but they could'nt give me anything (they did have a letter but seemed addressed to someone else, possibly strata vehicle solutions but could not show it me due to data protection)

Anyway I refused to fill this form in so they just walked away and said they would just pass it back to the office. Since then I've rang peugeot again asking for written explanation but again they insist that this can only be done by filling in the form on the doorsep of my house by the collection firm.

In the meantime I've taken the van off the road and am now using a family members car to get about in. Can anyone give me the best advice on what to do next ?

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Thu 4 Aug 2016 08:27

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - oldroverboy.

First of all..

Go and see a solicitor.

If you have proof that you bought the vehicle from a trader, Invoice/receipt and even the advert for the vehicle then you can prove that you bought in good faith.

From there the solicitor will advise but the receipt will be critical.

A solicitors fee against the loss of £8000 well worth it.

Do not give the vehicle back without a court order, but take proper legal advice on these points.

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Thu 4 Aug 2016 08:48

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - ALED HUGHES

I've been to see a solicitor, I gave him the basics of the case but he informed me that he would be "struggling" with it and wanted just under £1000 to get it rolling. I think he meant I would be struggling as I could not prove that I had taken "reasonable care" to ensure no outstanding finance was on the van when I purchaed it, i.e doing a full hpi check on it, which I had'nt.

I do have a proper vat receipt, a copy of the bank transfer payment for the van and a copy of the advert

Many thanks for your advice

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Thu 4 Aug 2016 09:11

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - gordonbennet

So much for buying from a dealer for peace of mind, i feel for you Aled and all here will for what its worth, i too would probably have been guilty of not perfroming a fullHPI check on the history when buying from a trader because not having to do so would be part of the higher cost of dealing with a trader...i suspect all of us are making mental notes to rethink that misconception.

I have no knowledge of how this works, i would assume if the vehicle was never paid for then it was illegal for the trader to sell it, though whether thats covered in limited liability rules i do not know (limited liability should not protect 'crimina'l acts), or whether that passes down to the poor blighter without a chair (in this case not actually owning a van) when the music stops...i hope not for your sake.

This is going to be far too complicated for anyone not a legal expert in business affair to tackle, i suggest you find another solicitor who has more idea what he's doing before relieving you of some more hard earned.

The very best of luck with this.

Edited by gordonbennet on 04/08/2016 at 09:12

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Thu 4 Aug 2016 09:51

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - gordonbennet

Just a thought, have you done a full HPi finance search on the vehicle now?

If for no other reason than to confirm what they say.

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Thu 4 Aug 2016 09:55

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - FP

I'm afraid I can't be of much help here, but I do realise that solicitors have different specialisms and one of these is financial law. Another specialised area is business law.

Whether or not that means paying a lot extra I don't know.

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Thu 4 Aug 2016 10:53

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - nortones2

If bought in good faith, title can pass to the buyer (AIUI) where HP is involved. Hire Purchase Act 1964 as amended. See tinyurl.com/jjqug5x And another solicitor who knows the ropes, as has been mentioned above. PS: I am not an expert.

Edited by nortones2 on 04/08/2016 at 10:55

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Thu 4 Aug 2016 11:52

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - RobJP

Firstly, don't rely on the google result that you've obtained, and the phone conversation with the 'alleged' administrator / liquidator. Look up the company that has been appointed the administrator, and call their main office directly to confirm it all, and exactly what the situation is.

Apart from that, you need professional legal advice, by the sound of it. Your legal rights may vary depending on whether it was purchased privately or as a business, the method of purchase, etc.

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Thu 4 Aug 2016 12:00

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - scot22

We all know that solicitors can be very expensive but that quote is ridiculous - as advised ring around to find another one ? Is there a way to get one recommended ?

You will get some valuable advice from others on rthe forum. Best Wishes

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Thu 4 Aug 2016 14:00

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - Gibbo_Wirral

Not a lot I can add that hasn't already been said.

I would advise not to be shirty with Peugeot or the collections company, they're just doing their job and following procedures. Try and work with them as much as you can.

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Thu 4 Aug 2016 14:04

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - focussed

Even though you may have good title to the van on the basis that you bought it in good faith, don't keep the van where the repo gorillas can get at it, move it to a friends house out of the way until you get the situation sorted out.

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Thu 4 Aug 2016 14:07

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - ALED HUGHES

Thanks for your post

I've phoned the administrator who have confirmed that I'm not the only one that there are several ca session similarto mine. They have advised me just to fill the form in that the collections firm on behalf of peugeot were trying to get me to fill in (new keepers questionnaire )

I'm still a bit reluctant to fill this in though at the momment

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Thu 4 Aug 2016 15:27

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - RobJP

Just remember that the administrators ONLY object is to recover as many assets as possible. They most certainly are not looking out for you.

As such, I would say that you must get legal advice before filling in any forms.

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Thu 4 Aug 2016 18:53

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - Falkirk Bairn

I assume you have an invoice / receipt from the selling garage.

If so write a letter to peugeot finance showing them a copy (do not send original) & showing that you paid the dealer for the car.

Peugeot Finance has been defrauded by the garage, not you. In the letter you can state that any further letters, phone calls etc etc will be regarded by you as harassment & lead to them being sued for intimidation & harassment. As far as you are concerned the matter is closed.

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Thu 4 Aug 2016 18:58

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - Brit_in_Germany

Not sure if this is current law but makes interesting reading.

www.lexology.com/library/detail.aspx?g=10d98e4c-82...2

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Thu 4 Aug 2016 19:29

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - TheBroker

If I recall correctly the finance company ultimately owns the car and can demand it back. Essentially they are the legal owner and it was 'stolen' from them.

Any remedy you have would lay with the trader you bought it from. The issue being the trader is bust so you would be trying to get blood from a stone. You could raise a court case which would likely fall in your favour... But you would probably end up as an unsecured creditors and get peanuts.

Ultimately the funder will need to take you to court to recover the vehicle and you may be able to use equity (which can trump law) but don't rely on it.

You could perhaps offer to settle with the funder, this would look good if it went to court, but you will end up having paid more for the vehicle.

Unfortunately you are in a sticky situation and I wish you luck

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Thu 4 Aug 2016 20:24

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - nick62

What a wonderful (not)uncomplicted and dishonest world we live in.

Cases like this make me cringe and I'm glad I paid the premium to buy my van new. I just hope the manufacturers "heavies" don't come chasing me in a few months time because the dealer has gone bust and never paid them for it, (well it does make you wonder, it is often said that, "the law is an ass")?

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Thu 4 Aug 2016 22:45

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - nortones2

The Broker. Your first sentence is incorrect if I have read the situation correctly. See Hire Purchase Act 1964 referred to above. If title passes to the innocent buyer, the finance company have to seek redress from the debtor. They can't legally touch the vehicle in such circumstances. They may however huff and puff. The OP needs to get competent advice ASAP.

Edited by nortones2 on 04/08/2016 at 22:46

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Sat 6 Aug 2016 10:29

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - leaseman

The crux of this situation is method of finance under which Peugeot Finance had funded the vehicle. If this was by way of Hire Purchase, Conditional Sale or any other method whereby their customer could obtain title in the van, then the OP will be an Innocent Purchaser, hence obtains good title under the terms of the Consumer Credit Act and the van cannot be (legally) taken from him by Peugoet Finance or any agent acting on their behalf.

However, if the original financing was by way of a lease or Contract Hire, where the debtor had no opportunity to obtain title, then the van still belongs to Peugeot Finance and they can legally repossess it from the OP.

A good test is whether the OP is in possession of the V5 Registration Document. If so, who is named as the previous Keeper? If it is Peugeot Finance, then it is likely that the second scenario applies. If not, then it is likely that their debtor was the Registered Keeper, in which case it is highly likely that the first scenario applies.

If the OP does not have the V5, then I'm afraid that the van was probably leased, that Peugeot Finance is still the Registered Keeper, and that they can snatch it back.

OP. Fill in the form supplied in an honest fashion. Quick.

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Sun 7 Aug 2016 23:35

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - ALED HUGHES

Thanks for your reply

I have the V5, the previous register keeper is named as the managing director of the company that I purchsed it from with his home address (acquired vehicle 30.9.2013 which is also the date it was first registered)

I do not know if it was purchased via lease, contract hire or hire purchase.

The collection company would not leave the "new keeper questionnaire" for me to fill in, I had to fill it in there and then on the doorstep of my house. I have since phoned peugeot to ask for a written explanation and the form to be sent to my address but have declined and have only offered to make a new appontment for the collection company to call round to my house again to fill the form in.

I'm still unhappy about filling in their form on the doorstep. I'm now awaiting a phone call from a solicitor who can guide me

thanks

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Mon 8 Aug 2016 07:09

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - leaseman

Because the car's first registered keeper was an individual, with whom, I assume you have no connection with, and you were totally unaware of the finance outstanding, it is 99% certain that you will be covered by the Consumer Credit Act.

Once you present the facts in writing to Peugeot Finance, they will not pursue the return of the van.

Do not spend much on solicitors, unless they are Specialists in consumer credit as you will fund all the research they will have to do.

As I said in an earlier post, Peugeot Finance are seeking the facts, which you are in a position to tell them. Do it.

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Sat 6 Aug 2016 16:26

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - masiv

Just a thought, but do you have legal cover on your motor insurance? It might be possible that they could help you out. If you do have cover, then I would definetly get in touch with them. Nothing to lose.

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Mon 8 Aug 2016 08:00

Peugeot Partner - HELP !...I've bought a vehicle that was on finance - Ian D

Yes, or legal cover as part of your house insurance, or maybe legal cover as part of Trade Union membership? I often have legal cover but forget I paid the £12 or so annual fee....

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