just been stung

savlonsister

bought a car in on june 8 done all the finance checks all came back clear went to garage today to trade in and found out the car was financed 3 weeks after i bought it how can they do this and what can i do can anyone help

An Ri rua

That's awful. Sounds barmy and sounds like, if you make the right contacts, that will sort itself legally.

Have a look through this thread, maybe it or the posters can help? http://www.boards.ie/vbulletin/showthread.php?t=2055840070

Hope it works out for you.

ZENER

How did you pay for it ?

savlonsister

paid cash i no the fellow i bought it of it wasnt him was the person who sold it to him im heartbroken paid 6000euro no payments missed as yet but not much use to me i cant sell it

pajo1981

three weeks after you bought it?

I wouldn't have thought that was possible. No more than me taking out finance on me neighbors car?

savlonsister

:(6000 cash wasnt the fella who sold it 2 me was the person who sold it 2 him im heartbroken cant believe someone can finance a car when its not in their name

h3000

Are you sure your car is who it says it is. Do the reg and chassis number correspond on the VLC?

Chimaera

So to get things straight:

You bought the car for cash from someone. The guy HE bought it from took out finance against the car after YOU bought it. Sounds like fraud to me and I'd be making a formal complaint to the Gardaí.

savlonsister

yea all details are correct the garage said its happening all the time now gave the fellow i bought it off until monday to sort something out hes in bits as he says he knew nothing about it he bought 3 cars of this person and just found out all 3 are refinanced now has to tell other 2 that they have a problem i told him its his prob and ill be going to the guards

Chimaera

In fairness to him, it's not his problem either. The wrong has been done by the guy at the start of the chain. I'd work with the guy you bought from to bring down the real culprit.

savlonsister

yea doing that but something dodgy going on

E39MSport

Punctuation would help.

savlonsister

still cant get me head around how u can finance a car without having a car.So basically if u no someone has no finance on their car u can get finance and when payments not met they just come after the car and not you

Socialist_Pig

E39MSport wrote: »

Punctuation!!? would,......help.

:pac:

Cuddlesworth

I don't understand, if you had bought the car three weeks before the financing then it was in your name and owned by you. That's not your problem, that's the banks problem and they have no right or claim to the car.

wonski

Garda is your only way to solve this, and - if i am correct - finance has been taken fraudalently, so the car is yours - unless there is more to the story.

savlonsister

E39MSport wrote: »

Punctuation would help.

did'nt know this was a classroom.

Damokc

Well when people come on bitching about how they've been rode,it helps for the people trying to read the OPs posts in order to help them out.

Like was said above, if you owned the car for 3 weeks its not your problem.

Atlantic Dawn

Cuddlesworth wrote: »

I don't understand, if you had bought the car three weeks before the financing then it was in your name and owned by you. That's not your problem, that's the banks problem and they have no right or claim to the car.

Exactly, once the VLC says on it that you owned it on X date and the finance on it was taken out 3 weeks after X date then the financial institution that took the finance on is to blame and it should be a case for the financial ombudsman.

The other possible cause is that the previous owner sold the car to the garage, then obtained a replacement VLC and used this to get the finance but the dates on it would indicate he owned the car for some time so this wouldn't add up for finance.

savlonsister

wonski wrote: »

Garda is your only way to solve this, and - if i am correct - finance has been taken fraudalently, so the car is yours - unless there is more to the story.[/QUOTE
Im only going on what the seller is telling me.Ill give him a couple of days to see what he can come up with,then im going to guards

darragh o meara

I'd get it sorted pronto as if who ever has the finance stops paying you'll have a mean repo man outside your door eventually and trust me they take no excuses. If your car is on their list they will take it.

Start by finding out who finance is with and ring them direct they may be able to help. Then I'd contact guards and lodge a complaint of fraud. Your buddy will inevitably be involved but if he is innocent he has nothing to loose. Also if you need help identifying which bank they are financed with, one of the reg check sites has it as part of the report. Can't think off hand which one it is though.

darragh o meara

I'd get it sorted pronto as if who ever has the finance stops paying you'll have a mean repo man outside your door eventually and trust me they take no excuses. If your car is on their list they will take it.

Start by finding out who finance is with and ring them direct they may be able to help. Then I'd contact guards and lodge a complaint of fraud. Your buddy will inevitably be involved but if he is innocent he has nothing to loose. Also if you need help identifying which bank they are financed with, one of the reg check sites has it as part of the report. Can't think off hand which one it is though.

Chimaera

Im only going on what the seller is telling me.Ill give him a couple of days to see what he can come up with,then im going to guards

His only recourse is to go to the Gardaí too. It'll be better if the two of you get together and nail this guy.

squod

darragh o meara wrote: »

I'd get it sorted pronto as if who ever has the finance stops paying you'll have a mean repo man outside your door eventually and trust me they take no excuses. If your car is on their list they will take it.

That would be theft. Repo man has no power in this state.

maidhc

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.

darragh o meara

darragh o meara wrote: »

I'd get it sorted pronto as if who ever has the finance stops paying you'll have a mean repo man outside your door eventually and trust me they take no excuses. If your car is on their list they will take it.

If the op is giving us the full story they cannot touch his car and they can be told to clear off fairly lively if they come looking to repossess it.

Where To

Getting finance on a genuine motor is like milking a dog these days, how do they manage it?

MarkR

where do i go from here wrote: »

Getting finance on a genuine motor is like milking a dog these days, how do they manage it?

Did you get the logbook when you bought it?

Kristopherus

Did the bloke who sold it to you have full ownership of the car after he bought it from the first chap? Did he the transfer the vehicle to you & did you get a new cert from Shannon? If none of the foregoing was done then the first chap is still the legal owner and could legally get finance.

vectra

Does the date you bought it correspond to the change of ownership date on the new Cert you got?

amdublin

MarkR wrote: »

Did you get the logbook when you bought it?

This was my first thought.

Op - do you have all papers?

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.

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.

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.

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.

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.

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.

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.

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.

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 ??

Sponge Bob

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