Bought car from a garage, baliffs have just turned up to repossess,previous owner owe money on it,what can do?
Garage no help, they said they had done a HPI check so call police but police won't come as it's a civil matter. Citizens advice will call back within 24 hours but the car is winched up ready to go, supposed to go on holiday tomorrow, any ideas?
Answers:
The garage are trying to palm you off. They obviously haven't checked the vehicles provenance, so in my opinion are responsible for a replacement.
GEEZ THAT MUST SUCK.. PHONE A LAWYER ASAP AND SEE IF THERE IS ANYTHING YOU CAN LEGALLY DO!
You will have to give it up, then sue the heck out of the garage.
Baliffs don't give a damn about who's vehicle it is I'm afraid. Not much you can do as they seem to have too many powers. My advice is hire a car, then take the matter up when you get back.
You should have got in it and drove off as fast as you could. What a cra**er i cant believe the police wont do anything, that stinks, I think that if things are like this the only way is to take the garage to the small courts or something.
Prove to them it is now yours so they cannot take anything as you have bought it fair and square!
simple report the theft of the vehicle the police must attend if the bailiffs have legal title to the goods and can prove it there and then the police will go away .
if they cannot prove legal title to the goods THE POLICE WILLmake them go away empty handed.
report it as theft
Did you not get a title to the car when you bought it.
You will just have to sue them and get your money back.
Rent a car to go on vacation.
How can you buy something from a seller if the seller does not own it. The garage is lying about checking anything. This sounds like British madness; over here in America there is such a thing as a title to a vehicle, and if you do not have physical possession of the title you cannot sell it because you have to sign the title over to the new buyer.
So since you never owned the car you can do nothing except sue the garage for your money back. They did not own it and they knew they did not own it and likewise, they cannot claim the right to sell it if it was not theirs to sell. If the previous owner had told them to sell it, knowing he owed money on it, then that is fraud, but your recourse should be to go after the garage.
I am afraid there is nothing you can do, if there was outstanding finance on this car then it is legally the property of the company who lent the money. It is one of the worst aspects of English law, you buy a car in good faith, and lose everything.
The only way you can reclaim any lost money is for you to sue the person you bought it from. If that person also bought it in good faith and is out of pocket, then he also should sue who he bought it from, and so on up the chain to the original source. Sadly, the one who originally sold this vehicle KNOWING a loan or HP was secured on it will most likely get off scot free, after all the police did use their usual cry of "it's a civil matter."
EDIT - AMERICANS we also have a legal registration document the seller must give to the buyer, and complete and return the stub. Unfortnately, English law does not recognise the registration document as conclusive proof of ownership.
contact the police but bailiffs have the right to remove it as it wasn't the garages to sell as it was still the property of the car company or the hp company.
not sure what you can do but if the garage did hp check it should of turned up the bailiff should not take the as it is not at the adrress the loan was to but they should give you a few days to sort the matter out when you find the guy who sold you the car give him a slap only other thing i can say is good look gettin to your hols
Right Annette L pick up the phone and ask the police if they can help. Probably not but they may halt proceedings until you get chance to sort things out with the garage.
And yes they are at fault for not checking out the ownership of the vehicle.
Some rotters around. I hope it does not completely ruin your holiday plans.
You bought it from the garage. Doing a "check"(or just saying they did) doesn't abslove them of responsibilty. They either sold it WITHOUT doing that "check" or they knew there was a problem and tried to unload it without getting caught. If I were you I'd take that garage to court. Tell them so too. They might just make a offer to keep you quiet. Or carry a picket sign about how they ripped you off selling you a car. I did this to a garage myself. After three days ( 2-3 hrs in the am) and them loosing money because potential customers read my sign and didn't turn in to his place when they had started to turn in. He got so angry he settled with cash the next day. GOOD LUCK. And don't let these jerks screw you.
have you got the new document saying that you're the new owner? if you have then they cant take the car... if they do take it, then call the company that is owed money and try to explain to them...
Good Luck!
The garage cannot sell a car they do not have clear title to. The contract between the garage and you is null and void immediately since they sold you something they didn't legally own. The garage is on the hook, since contrary to their claim they didn't ensure the car's title was clear and free to sell. The garage can recoup their loses and go against the previous owner, it's not your job.
Do you have the logbook? if not the garage havent sold it to you and you can get your money back and they are liable for the debt. If you can prove you legally own the car (with the registration document) they cant touch you :)
Good luck and have a nice holiday
listen to me carefully,do you have proof of ownership?tell em to put the car down what they are doing is so illegal.no they cant take your car.phone the police and tell them some one is stealing your car.
show them the bill of sale!! you must have receipt?? and the log book, make sure you get contact details in case they drive off with your car!!
Nothing, YOU should of done the HPI & not acceted the garages word for it.
If you have proof that the garage has it written on your reciept for example then u cld make a claim against the garage, but you may not win.
Ask bailiff proof, If they cant show documents then they ant take. If the car is registered in you name and u can prove the date of purchase and receipts, u can argue later, and swing it ur way.
But for now start a war with the garage and take them to court or ask them to provide u replacement vehicle till u can sort it out. Its their responsibility to make sure car is clean. Get legal advice on compensation claims from garage, u might be able to claim cost of car, Misguidance by garage and mental agony u have been put through.
Gud luck dude...for now stop worrying, if its not ur fault u should get ur ride back, Maybe not for the holiday though...Really sucks!
Garage clearly lies. Take them to court and you WILL get your money back. Rent a car for the holiday and include this expense in your lawsuit as well.
seems the garage owner pulled a fast one....
you have ta go after him, ta get your money back..inless you went for the deal, w/ no correct paperwork.and I didnt know...is no excuse...
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