UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

I bought a car from a private seller. A couple days ago a

finance company took it and...
I bought a car from a private seller. A couple days ago a finance company took it and said the previous owner had unpaid finance on it
JA: What state is this in? And how old is the car?
Customer: Uk 2011
JA: Have you contacted the manufacturer?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a v5 with my name on it, but I don't have a receipt because I bought it in cash
Show More
Show Less
Ask Your Own UK Law Question
Answered in 5 minutes by:
9/19/2017
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. I am sorry to read of the above. Could you tell me if you carried out an HPI check on the car before you bought it?
  2. From what you say you have no receipt for the purchase of the car?
  3. Obviously, the seller signed the V5 certificate over to you?
  4. Would the seller be willing to give you a receipt for the money you paid now? Can you show a withdrawal transaction from your bank?
  5. Finally how much did you pay?
Ask Your Own UK Law Question
Customer reply replied 2 months ago
1. No I didn't do a HPI check, I'm a new driver I didnt know about it
2. No I have no receipt
3.Yes he signed the form
4.I called to tell him the situation, but he denied it. I used money I got when I sold my old car, I didn't withdraw it, but I have texts of me and the guy who sold me the car negotiating the price.
5.£1,399

Thanks. May I clarify he denied that you gave him any money or he denied that he owed any money to a finance company? Would I be correct to assume he would not be willing to give you a receipt retrospectively?

Ask Your Own UK Law Question
Customer reply replied 2 months ago
He won't. He denied selling it to me.

Thank you. That isn't very helpful. The good news is that s27 of the Hire Purchase Act 1964 provides that "Where a motor vehicle is subject to an HP or conditional sale agreement, while the vendor does not own it and has no right to sell it, a private purchaser who buys the car in good faith without notice of the HP or conditional sale agreement obtains good title to it".

Accordingly if you can prove you paid for the car in good faith and at a fair market price then you will take good title to it despite the car having finance on it. Yourobvious problem however is that you do not have clear evidence that you paid for it. You have some reasonable circumstantial evidence but nothing conclusive such as a receipt signed by the seller or a bank transfer record or even a bank withdrawal record showing you withdrew the money.

However focusing on the positives you do have a V5 log book certificate which he has applied to transfer into your name and presumably the little tear off slip he gives you whilst you wait for the actual certificate which is signed by him? You also have text messages showing a negotiation for you to buy the car. Finally you may or may not have any documentation relating to the sale of your car such as a receipt you gave to your buyer?

If you have some or ideally all of the above, you may consider whether you wish to issue a claim against the finance provider. I do not wish to pretend it is a strong claim but it dos have some merit. If you can convince a judge with a combination of your own statement and the above evidence that you did pay what you claim to the previous owner, and you did pay a fair market price for the car, then you can seek to make a claim against the finance house for either the return of the car or the amount you paid for the car. You would also have a claim against the seller for the return of your money providing you can convince a judge that you paid him as above.

The cost to issue a claim would be £70.00 and another £115 if there is a hearing. You will therefore need to consider whether paying these sums as court fees (they are recoverable if you win) is worth the risk to try to make a recovery. If I had to give an estimate as to whether you are likely to be successful, I could not put it at better than 50/50. Probably much will turn upon how convincing you are as a witness to the judge - i.e. whether he believes your testimony in conjunction with the evidence you do have.

Whatever the outcome, always do an HPI or similar check on a car bought from a private seller and always get a receipt even if you pay by bank transfer. I know that doesn't help with the above but it will hopefully prevent you finding yourself in a similar situation in the future. Is there anything above I can clarify for you? Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to click a rating for my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Ask Your Own UK Law Question
Customer reply replied 2 months ago
Are the attached texts and a full v5 form with my name enough evidence to pessue a court case?

Well you have an implied admission that he sold you the car in response to your bluetooth query. Was it even his car though? He refers to it being his friends? Was he the person named on the V5 form? Did you ask him for ID to prove?

Ask Your Own UK Law Question
Customer reply replied 2 months ago
He said it was his friends car, his friend was heldup at work The person on the V5 form is a women

This is not ideal. If he was acting as her agent then you can still claim rights under the Hire Purchase Act against the finance company but it is another hurdle to overcome on what is already a less than ideal claim. My view is with this additional hurdle you are likely to struggle to enforce the above rights against the Finance Company. I do not suggest it is impossible but it will be a very uphill struggle. There are a number of hurdles you must overcome. You may do better to consider a claim against the seller and the lady named on the V5 document for the return of your money. I hope you have the sellers address - if not you will be limited to claiming against the lady on the basis that he acted as her agent for the sale. It is still not a striaghtforward claim particularly if you do not have the sellers contact details as the lady could claim she knew nothing about the sale. If you have the sellers name and address you would appear to have a reasonable claim against him. Ideally you could issue against the both jointly in the County Court.

Has the above answered your questions satisfactorily?

Ask Your Own UK Law Question

I'm just following up on our above conversation. I hope the above was of some assistance. Please let me know if you have any further queries. If you have a moment I should be very grateful if you would kindly take a moment to click a rating to rate my service or alternatively just provide some brief feedback so I know if I was able to help. I'd be most grateful. All the best

Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Joshua Your Own Question
Joshua
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
26,070 Satisfied Customers
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

Joshua is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
The police have seiner my cameras as well as computers and
The police have seiner my cameras as well as computers and storage devices. Why do they want cameras when they can take sad cards out. And they have taken my wife's computer and phone but she has no i… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
My son met a Slovakian girl and very soon afterwards she
My son met a Slovakian girl and very soon afterwards she announced she was pregnant. She moved in with him and he took care of everything for her, her debts included. They had a beautiful baby daughte… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I am a Chinese from the mainland China. I have a Chinese
I am a Chinese from the mainland China. I have a Chinese passport which can be used internationally. I also have an “Exit-Entry Permit for Travelling to and from Hong Kong and Macau”, which is a trave… read more
JimLawyer
JimLawyer
GD Law
70 satisfied customers
Ben, Is it alloed for a UK limited by shares company to lock
Hi Ben, Is it alloed for a UK limited by shares company to lock its mission? Thanks, Valter… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,712 satisfied customers
My tools were stolen from a work van in a car park next to
Hi my tools were stolen from a work van in a car park next to site I'm employed direct with my company and was wondering what's their responsibility on replacing my tools … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My ex partner and I had a declaration of trust over a
My ex partner and I had a declaration of trust over a property with a right for me to have 50% sale proceeds and rent, a preemptive right of first purchase, the right to go on the deeds as tenants in … read more
JimLawyer
JimLawyer
GD Law
70 satisfied customers
I was bullied into a Tomlin Order by my abusers solicitor
I was bullied into a Tomlin Order by my abusers solicitor for money I do not owe, but because they saw my vulnerability they pounced on me, how many times can they take this to court to try to enforce… read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
I have been to court and received community service for
I have been to court and received community service for harassment of my ex partner and all I did was pester her for my property back this is my first offence I plead guilty and got 180 hours of commu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
603 satisfied customers
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,918 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,820 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
Credit card company has sold my debt to a debt collection
credit card company has sold my debt to a debt collection company.They have now agreed to repay my charges but are insisting on paying the third party,even they no longer own the debt,I am negotiating… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,468 satisfied customers
I work for a large local authority and we are in the middle
I work for a large local authority and we are in the middle of an organisational redesign resulting in a reduction in posts. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x