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just been stung

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Comments

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    #32
    slimjimmc
    Registered Users Posts: 7,787 ✭✭✭slimjimmc


    amdublin wrote: »
    This was my first thought.

    Op - do you have all papers?

    The thing is there can be a difference between the registered owner and the legal owner, e.g. in a hire purchase agreement the legal owner is the HP company, the registered owner is the lessee.

    In this case proof of legal ownership is more relevant since that determines who as legal title to the car. If someone produces evidence,such as a sales receipt, which shows they bought the car then your registration docs are a very poor substitute.


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    #33
    si_guru
    Registered Users Posts: 2,347 ✭✭✭si_guru


    maidhc wrote: »
    Would echo the above. You bought the car with clear title, so what happens after the day you buy cannot affect you. To "reposess" your car would be carjacking.

    I think you are wrong. The law will favour the finance company. Otherwise you or I could buy a car on finance, not pay for it and then "sell it" to our wife, or somebody, and face no repossesion.. right?

    This case is obvious fraud by the previous seller - no the seller OP bought from. Sounds like a well dodgy character selling for cash knowing full well there is no HP and then back tracking.


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    #34
    darragh o meara
    Registered Users Posts: 3,221 ✭✭✭darragh o meara


    This is the same as buying a car on finance and the bank come looking for it. If they find it they will take it, it's the reason the car check reports have a outstanding finance check. If that car has a loan secured on it you'll have a job getting it back if they do take it. It's happened lots of people over the years and is on the increase now with money being scarce. You really need to take action ASAP before anything comes of it.


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    #35
    n900guy
    Registered Users Posts: 288 ✭✭n900guy


    squod wrote: »
    That would be theft. Repo man has no power in this state.

    Yup, the car was his with no finance owning on the vehicle when he purchased it. If someone turns up and takes it, it's theft.

    The finance agreement was invalid. it's different if the finance was active and outstanding at the time of transfer of ownership. The finance company probably got fraudlent documents showing a fake owner and never confirmed their validity. I presume they need a VLC to do finance.


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    #36
    darragh o meara
    Registered Users Posts: 3,221 ✭✭✭darragh o meara


    squod wrote: »
    That would be theft. Repo man has no power in this state.

    You would think that but if they come they dont take any stories ( they hear stories all the time ) its up to the owner to prove that he had nothing to do with it and that's usually a court job. I have first hand experience with these lads from a previous job where the repo crowd came to the garage to repo a van left in for service, the guards were called but they came and said it wasn't a matter for them as the repo lad had all the paperwork from the bank. They're not a nice bunch of people to deal with and most are paid on commission per car they repossess so they can be very pushy.

    If the op wants to take a chance that's his decision but having dealt with them I wouldn't. Remember the banks are a law to themselves. As wrong as it may seem that's how they work. So if I were in this situation I would find out who has the cars financed (Bank) and contact them and explain the situation and insist that they respond to you via letter acknowledging your predicament, therefore should the bank send out somebody in the future to repo the car they were informed about the situation. It will be a lot harder to do that when theres a lad there trying to take your car who couldn't care what you say to them.


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  • Options
    #37
    maidhc
    Registered Users Posts: 7,473 ✭✭✭maidhc


    si_guru wrote: »
    I think you are wrong. The law will favour the finance company. Otherwise you or I could buy a car on finance, not pay for it and then "sell it" to our wife, or somebody, and face no repossesion.. right?
    .

    No. The law is a little more nuanced than that. A purchaser for value without notice of the finance (sometimes referred to as equity's darling) will always trump any finance it post dates the sale, and will often trump a finance agreement that predate the sale, if such an agreement was not registered, or if there was no obvious way to know about the agreement.


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    #38
    maidhc
    Registered Users Posts: 7,473 ✭✭✭maidhc


    darragh o meara wrote: »
    You would think that but if they come they dont take any stories ( they hear stories all the time ) its up to the owner to prove that he had nothing to do with it and that's usually a court job. I have first hand experience with these lads from a previous job where the repo crowd came to the garage to repo a van left in for service, the guards were called but they came and said it wasn't a matter for them as the repo lad had all the paperwork from the bank. They're not a nice bunch of people to deal with and most are paid on commission per car they repossess so they can be very pushy.

    Obviously the key is to get this sorted before the car is put on a truck. If that can't be done, then call the gardaí and report a carjacking!

    I'd love to know how this happened. BOI Finance will not finance a car unless it is being bought from a dealer.


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    #39
    OldmanMondeo
    Registered Users Posts: 3,009 ✭✭✭OldmanMondeo


    maidhc wrote: »
    I'd love to know how this happened. BOI Finance will not finance a car unless it is being bought from a dealer.

    Most bank will not nowadays. In fact some will only finance on new cars only. OP, get the guard's involved ASAP, seek legal advice. The bank will want their money back, rightly so, but you need to pre-empt anything they may legally do to take the car. Otherside, you will never be able to trade or sale the car until this finance is taken away from the car.


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    #40
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    I cannot really follow this. Can the OP answer the following questions in proper English.

    1. Do you have any written proof that you checked the car or cars for outstanding finance prior to buying them. ?
    2. Did the OP Register the car or cars in his name after buying them. How soon afterwards.?? Do they have written and dated proof of this.

    If AFER the procedures in 1. and 2. were complete someone 'obtained' 'finance' on these cars.

    1. Which finance company or bank financed them? Repeat stage 1. above and run a HP or finance check again.
    2. On what dates were these finance packages taken out?
    3. By whom??
    4. What measures has that finance company or bank taken to obtain control of these assets that are allegedly theirs seeing as the OP did not make any payments to that finance house or bank ??


  • Options
    #41
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    There is a way to freeze a repossession action if the paperwork favours the OP and while the Guards scratch around slowly.


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