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

I bought a car...

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

Lawyer's Assistant: What state is this in? And how old is the car?

Uk 2011

Lawyer's Assistant: Have you contacted the manufacturer?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have a v5 with my name on it, but I don't have a receipt because I bought it in cash

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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?
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Customer reply replied 5 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?

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Customer reply replied 5 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

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Customer reply replied 5 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?

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Customer reply replied 5 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?

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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
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Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
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Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

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