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bought car from private seller

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  • 09-03-2010 8:24pm
    #1
    bridgetc
    Closed Accounts Posts: 2 ✭


    Hi All,
    (moderator Not sure where to post this so feel free to move it!)
    I bought a second hand 03 focus car from a private dealer in my locality (who seem totally legit) last sept/october. I found the car posted on Autotrader. My first car!
    I came home today from work to the following letter from AIB;

    'it has come to our attention that you are in possesion of the above described vehicle. This vehicle which is owned by this company, is the subject matter of an undischarged agreement with this bank.
    I shall be obliged if you will contact this office on receipt of this letter to discuss this matter.'

    Are they going to take my car? :confused: I don't know what to expect when i ring them tomorrow and i must admit i'm a bit scared! i paid in cash from a loan i took out. i have the details of the person i bought it from. i have the original post on autotrader saved.

    Any ideas?
    bridget


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    #2
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    Looks like the previous seller sold you a car that was never cleared with a leasing agent / bank.

    It will be up to you to chase the previous owner and clear this matter up otherwise the bank will come along wth a recovery truck and take the car from you.


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    #3
    tomcollins97
    Closed Accounts Posts: 951 ✭✭✭tomcollins97


    Did you do a HPI check?

    Unfortunately if there was a hire purchase agreement on the car, which sounds possible, and there is money owing, you, as the owner of the car are liable for any outstanding finace on the car.

    Sorry you got stung but HPI check is a fairly basic part of buying a used car.


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    #4
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    There is a legal principle enshrined in the Latin sentence: nemo dat quod non habet which, loosely translated, means nobody can give (or sell) to you something he does not legally own. So, yes, you have a problem. The bank, after going through a legal process, can seize the car. Your legal remedy is against the person who sold it to you. So I hope that the details you have of the seller are genuine.

    What actually happens will depend on the circumstances. If the amount owing to the bank is not too great, they might do a deal with you. Or they might be prepared to deal with the person who sold you the car, and get the money they are owed from that person.


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    #5
    bridgetc
    Closed Accounts Posts: 2 ✭bridgetc


    crap...
    thanks for the replies guys


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    #6
    sunnysoutheast
    Registered Users Posts: 2,072 ✭✭✭sunnysoutheast


    Remember this could be an honest mistake or clerical error (i.e. paperwork not completed or lost).

    Questions to ask:
    Do you have anything other than a mobile number or email address for the seller?
    Did you check the car at the seller's home address or at a "neutral" location like a garage?
    Did you check the name on the registration document matched the seller's ID?
    Did you check that the address on the registration document matched the location where you saw the car?
    Did you hand over the cash at the seller's home address, as shown on the registration document, or at a neutral location such as a bank?

    Your first call should be to AIB. The second, unfortunately, may be to a solicitor.

    SSE


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    #7
    Misticles
    Registered Users Posts: 13,746 ✭✭✭✭Misticles


    I got stung with a car that was still on finance- my own fault, I asked but never checked. Gullable ha

    I contacted the bank who had it and sorted it out with them- explained the situation.

    They needed proof that I paid money in good faith for the car- showed them a bankers draft or something of the sort.

    A few weeks later I got a letter saying it was ok to sell the car.

    If the car is on your drive ie private property - a recovery truck cant take it but they can if its on a road.


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    #8
    P. Breathnach
    Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    Misticles wrote: »
    ... If the car is on your drive ie private property - a recovery truck cant take it but they can if its on a road.

    I'm not sure it is much of an advantage to have a car that you can't take out of your driveway.


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    #9
    gramlab
    Registered Users Posts: 408 ✭✭gramlab


    Looking for a car for my mum at the moment. Saw the right car at a good price on carzone. Called out checked it and found out it was still under a finance agreement. Contacted the seller and he basically admitted that it was and was perfectly happy to try and get away with selling it.

    Reported it but its still up there as of today (beware of a red 06 fiesta in cork)


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    #10
    Run_to_da_hills
    Closed Accounts Posts: 20,009 ✭✭✭✭Run_to_da_hills


    gramlab wrote: »
    Looking for a car for my mum at the moment. Saw the right car at a good price on carzone. Called out checked it and found out it was still under a finance agreement. Contacted the seller and he basically admitted that it was and was perfectly happy to try and get away with selling it.

    Reported it but its still up there as of today (beware of a red 06 fiesta in cork)

    You should have contacted the Garda fraud squad, they would soon put the seller in his place.


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    #11
    gramlab
    Registered Users Posts: 408 ✭✭gramlab


    Run_to_da_hills wrote: »
    You should have contacted the Garda fraud squad, they would soon put the seller in his place.

    Rang the finance company while doing the check. Guy I spoke to seemed very interested in what I had to say. Car was reg'd to the address and the guy selling it so I assume they will be in contact.


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    #12
    Misticles
    Registered Users Posts: 13,746 ✭✭✭✭Misticles


    He could be selling it and using the money made to clear the finance but hhmm he still cant be selling whats not his in the 1st place.


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    #13
    whippet
    Registered Users Posts: 7,687 ✭✭✭whippet


    unfortunatly, even if you didn't take out the finance on the car it wasn't yours to sell, it would have been your responsibility to ensure that you had proper title.

    I don't know what the outcome could be, but I am sure it would be a case for the legal eagles!!!


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    #14
    bungler
    Closed Accounts Posts: 831 ✭✭✭bungler


    Same sort of thing happened to me. i bought a van of my "friend" who said he had it on HP from bank of scotland so i rang them and expalined i was going to buy the van off him and would there be any hassle and they said no.

    paid the money and 2 months later got call from bank of scotland to say they own the van and wanted to take it off me. i explained that i gave him the oney and BOS said there would be no problem. they explained that he never paid the money and they cannot contact him ( turned out he done a runner to spain)

    i contcted the guys mother and explained what had happened and she said she would try and contact him.

    i was also advised to contact the police which i did but they said there was nothing they could do. i went to my solicitor who brought me to meet a barrister in the four courts who said there was nothing i could do.

    i was told it was my fault that i never got a letter from BOS stating that there would be no trouble.

    The only way i got it sorted out was by "pusuading" the family to pay the debt." days later i got a call to say the money was paid by his mother and the van was legeally mine.

    apart from her paying the van would have been gone. I had to park the van elsewhere because 4 times a pick up truck came to my house to try take it.

    the only advice i can give is contact your solicitor,police as the guy is stil in the country and see what they can do


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    #15
    tommy21
    Closed Accounts Posts: 2,419 ✭✭✭tommy21


    gramlab wrote: »
    Looking for a car for my mum at the moment. Saw the right car at a good price on carzone. Called out checked it and found out it was still under a finance agreement. Contacted the seller and he basically admitted that it was and was perfectly happy to try and get away with selling it.

    Reported it but its still up there as of today (beware of a red 06 fiesta in cork)

    Is it this guy? http://www.carzone.ie/search/Ford/Fiesta/201008197064161/advert?channel=CARS had to look it up as I'm looking for a second hand car and am keen to pick up on tricks like that.

    How do you check its background? You have to pay 8€ or something right at http://www.motorcheck.ie/?


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