Car with outstanding finance - I think, not sure??

Steve.N

A friend of mine has landed a job in Austria so is therefore selling up his belongings.
When his marriage broke up over 2yrs ago (his wife moved abroad leaving all her debts behind) she left him the car which was under a hire purchase agreement. He lost his job around the same time so therefore couldn't pay it, so he shortly after-wards contacted the finance company telling them of the situation and that they could come and collect the car from his home, but as the finance was under his wifes name they therefore wouldn't discuss the matter with him. After more letters coming through the door he contacted them again 18mnths ago and again told them if they wanted the car back then it was there for them, he would supply all documentation and keys with no issue, just let him know - They never contacted him again or came for the car - The car has sat at his house and hasn't moved since Mar '10.
He has very limited dealings with the ex-wife, but was under the impression that she must have sorted the mess out with the finance company.
As my mate is moving away I expressed interest in buying the car, I have just run a HPI check with 'Cars Ireland.ie' through CBG and the finance history came back clear with no outstanding HP.
I don't want to buy a lemon and get myself or my mate in trouble with the law, but since the credit check came back clear there's no more I can do to check that the car's history has been cleared. Ps-He wants no money off of me until I ensure that everything is ok.
Does anyone know the legal standings on this?
Are these HPI checks reliable?

dudara

I think you'll get better advice in the Motors forum

dudara

robtri

before you even think of HPI... who are you going to be buying the car off?? as your mate is not the legal owner he has no right to sell it.

could get messy if the ex wife ever decides she wants the car back

dharn

dudara wrote: »

I think you'll get better advice in the Motors forum

dudara

i thought this was the motors forum, to answer question i dont know op would be as well off to contact the original hire purchase company and ask them what the status of the car is ,they would probably sell it legit to him for damn all

phill106

Well doesnt he need the vehicle license cert to sell it? Does he have it?

EPM

dharn wrote: »

i thought this was the motors forum

dudara has obviously moved it to this forum from another which he mods;)

OP, you're friend really isnt in a position to sell that car. It's not his to sell so I'd cut him out of the picture for a start.

Steve.N

Yes, he has all the documents - before the wife left she signed the back of the registration documents.

I've now just done 2 x HPI checks:- Cars Ireland.ie and the AA (they use Cartell) - all came back clear.
She must have cleared it all off???


Oh, one addition - The ex-wife has left the radar! She has completely disappeared in the UK.

-Chris-

And if she reappears??

spunk_monkey

Steve.N wrote: »

Yes, he has all the documents - before the wife left she signed the back of the registration documents.

I've now just done 2 x HPI checks:- Cars Ireland.ie and the AA (they use Cartell) - all came back clear.
She must have cleared it all off???


Oh, one addition - The ex-wife has left the radar! She has completely disappeared in the UK.

Did she sign the change of ownership part? If so, I'd say you will be fine.

-Chris-

spunk_monkey wrote: »

Did she sign the change of ownership part? If so, I'd say you will be fine.

On what basis do you say that?

Can you prove there's a contract between the OP and her to buy the car?
A signed VLC means very little in the context of proving ownership (i.e. the registered owner and the legal owner don't have to be the same person/entity).

Beta Ray Bill

I would avoid mate

Sounds to hairy.
If anything goes wrong you could be seriously out of pocket.

Also if the car is still under finance I wouldn't even consider buying it (from a friend or not).

It's to much risk, we're talking about money here ya know?

Regards
G.

Mr Benevolent

Avoid OP, it's very dangerous territory. Unless he's selling it for a quarter of the OMSP with a year' tax and full NCT it's not worth it. Don't just buy the car as a favour to a mate.

Steve.N

Thanks for all the input.
Will have a good think about before jumping in!!