porsche turbo - advice needed.. outsatnding finance on write off? - gutted of somerset

hi all im after some advice..

I purchased a car in a private sale 16/09/2010. The vehicle was purchased in good faith and at no time did the owner selling the vehicle give me any reason to believe that he did not own the vehicle and assured me that no finance was outstanding on the vehicle.

In addition, in adverts advertising the sale of the vehicle no mention was made of any outstanding finance at the time, in fact it states clearly that there is ‘NO FINANCE’ outstanding on the vehicle.

Please note that title of the vehicle has now passed to me by means of this sale and the vehicle is therefore legally owned by me, i have the V5 etc.

the car was stolen following a house break in, it was recovered but the insurance company have written it off due to the value of the damge, they were about to send me a cheque, when at the last minute they are no saying that the car has outstanding finance on it!!!

when i purchased the car i did one of the text checks which came back clear, ( i no longer have this!! :( deleted messages etc)

it appeers that the car had various plate changes and this may have created a gap in checks?

am i liable for the outstanding finance or is the original guy that the HP agreement is with liable?

the vechicle was previously a CAT D, i was aware of this and the cost was inline with this fact, I was given an inspection letter from HPI stating that the vehicle was removed from their register, I naively felt that this meant it was fully clear of anything.

it seems that the original owner didnt pay the finance off when the car was damaged and he was paid out?

help!!!!



porsche turbo - advice needed.. outsatnding finance on write off? - Andy P

The outstanding finance is against the owner of the car - i.e. you.

porsche turbo - advice needed.. outsatnding finance on write off? - leaseman

You would be deemed to be an "innocent purchaser" assuming that you are a genuine private buyer with no reason to suspect that the car was the subject of a finance agreement. If these assumptions are correct, then you have good title to the car. Therefore, you need to point this out to the insurance company, who should pay you out as they had agreed. Suggest that you put this in writing to them and await developments.

porsche turbo - advice needed.. outsatnding finance on write off? - martint123

Too late, but bear in mind that the majority of "cheapish" vehicle checks over the phone or via SMS messages DO NOT include HP information. Here's one picked at random.

With (name removed) you can check the details of any mainland GB registered vehicle, including whether it is written-off, accident damaged, scrapped, stolen, number of keepers, colour change, date first registered and of course make, model and vehicle identity.

Edited by martint123 on 14/02/2011 at 21:12

porsche turbo - advice needed.. outsatnding finance on write off? - gutted of somerset

Too late, but bear in mind that the majority of "cheapish" vehicle checks over the phone or via SMS messages DO NOT include HP information. Here's one picked at random.

With (name removed) you can check the details of any mainland GB registered vehicle, including whether it is written-off, accident damaged, scrapped, stolen, number of keepers, colour change, date first registered and of course make, model and vehicle identity.

trust me next car i buy will get an all singing and dancing check done, lesson learnt.. i just hope its not a 30K lesson :(

porsche turbo - advice needed.. outsatnding finance on write off? - gutted of somerset

thanks for feed back, i can assure you i'm a "innocent purchaser" trouble is i suspect that theguy i bought it from is too...

i will no doubt spend the day on the phone with my insurance company tomorrow, i'm not at home today, but i'm sure i have legal cover, i wonder if this falls under the terms of that?

i will be speaking to CAB and probably a solicitor asap.

thanks again, i suspect i will be having a few more sleepless nights over this, i've had a few since the theft, thinking that as the damage didnt seem to bad, they might say it's repairable, and i didnt want it back in case there were issues down the road...

porsche turbo - advice needed.. outsatnding finance on write off? - LucyBC

A private seller making representations as to "No Finance" offer little weight. There is almost no consumer protection afforded in a private sale. It is up to you to undertake "due diligence" and you need to use either Experian or HPI.

Being in possession of the V5 does not confer ownership of the vehicle - it merely designates you as the keeper. It is almost impossible to develop better title to the goods that that of the previous owner.

The one exception is under Section 27 of the Hire Purchase Act 1964 (embodied as s22 of schedule 4 of the Consumer Credit Act 1974) which states that the "first innocent purchaser" of a vehicle which is subject to a hire purchase agreement will develop good title. Please note that this applies to a hire purchase - the same rules to do not apply to a leased car or contract purchase.

The chances are you are going to need detailed legal and insurance help with this and further discussion should not take place in an open forum. Please contact me via asklucy@honestjohn.co.uk with a telephone number and I will advise you in detail as to how to proceed further.

porsche turbo - advice needed.. outsatnding finance on write off? - Rebecca_RJNetShowroom

Lucy is absolutely right and good luck fighting it. I have spoken to trading standards about a similar issue before and they recommended a letter to the finance company claiming good title as the first innocent purchaser as Lucy states. I really hope you get this sorted out and in future just so you are aware those text checks don't check finance or mileage. If you use Experian or HPI they check HP and also if there are any mileage entries they show those as well. Good luck.