Car repossession

Zilvinas Ukvedys

Hi, guys.
I have bought a car on April this year. 2 weeks ago has came recovery from financial institution and took my car as it has outstanding finance. I have called Gardai to be as evidence. They checked all paperwork and said all ok,so they could take a car. On the next day a have called to them, but they did not give me any information , because of data protection.All documents and registration certificate still on my name and with me.Today I have seen this car on done deal for sale from private person. I have called him as a potential buyer and asked a few questions.He has registration certificate and he said to me that he has that car for a few months. Car was taken on 18 of September Previous owner has had that car for 4 years on his name and did not have any issues. He is not a person who owns the money.
Any suggestions what to do in this situation. Any chance to get money or car back
Thanks guys

colm_mcm

Just to be clear. You don't have finance on the car and bought it with finance outstanding? Finance house repossessed car and auctioned it, and its now up for sale?

Zilvinas Ukvedys

colm_mcm wrote: »

Just to be clear. You don't have finance on the car and bought it with finance outstanding? Finance house repossessed car and auctioned it, and its now up for sale?

Yes . exactly

Stheno

Zilvinas Ukvedys wrote: »

Yes . exactly

Unfortunately you're out of pocket here, you bought a car with outstanding finance, and the company were entitled to take it back

colm_mcm

How do you know the previous owner that sold it to you didn't owe the money?

Have you done a finance check on the car lately?


I think either way you're screwed unfortunately.

Chimaera

Best thing here is to talk to a solicitor.

jca

Zilvinas Ukvedys wrote: »

Hi, guys.
I have bought a car on April this year. 2 weeks ago has came recovery from financial institution and took my car as it has outstanding finance. I have called Gardai to be as evidence. They checked all paperwork and said all ok,so they could take a car. On the next day a have called to them, but they did not give me any information , because of data protection.All documents and registration certificate still on my name and with me.Today I have seen this car on done deal for sale from private person. I have called him as a potential buyer and asked a few questions.He has registration certificate and he said to me that he has that car for a few months. Car was taken on 18 of September Previous owner has had that car for 4 years on his name and did not have any issues. He is not a person who owns the money.
Any suggestions what to do in this situation. Any chance to get money or car back
Thanks guys

Did the finance house give you a chance to pay the outstanding finance? No point in contacting a solicitor as you're out of pocket unfortunately. A classic case of buyer beware.

Zilvinas Ukvedys

jca wrote: »

Did the finance house give you a chance to pay the outstanding finance? No point in contacting a solicitor as you're out of pocket unfortunately. A classic case of buyer beware.

Yes.They they were asked me to pay the price of the car!

Hachiko

and what did you pay for it? nothing??!

REXER

If you bought the car from auction at Merlin Auctions then I believe that their buyers fee has an element of insurance to cover this eventuality so you may be able to claim the purchase price back.

fmcg_scribe

Stheno wrote: »

Unfortunately you're out of pocket here, you bought a car with outstanding finance, and the company were entitled to take it back

Agreed. The law on this sort of issue (and it's an old chestnut of an issue, really) is fairly clear: seller did not have legal right to sell car, buyer bought car in good faith, car is repossessed by owner/bank/finance company, and buyer has no legal comeback.

More information:
http://www.cartell.ie/2011/06/vehicle-repossessions-in-ireland/

If OP had checked the car's history with Cartell.ie, I'd like to think that it would have been flagged as having payments outstanding.

Zilvinas Ukvedys

Hachiko wrote: »

and what did you pay for it? nothing??!

I have paid for that car 5500 and they asked me to pay 5800 to get it back

Stheno

Zilvinas Ukvedys wrote: »

I have paid for that car 5500 and they asked me to pay 5800 to get it back

But did you do a check before you bought it to make sure there was no outstanding finance?

Zilvinas Ukvedys

No.I thought the car is almost 10 years old and did not believe that could be any finance on that

BMJD

who did you buy it from?

cruizer101

I'd say talk to a solicitor, I'm sure you should be able to take some sort of a civil case against there person you bought it from. Do you have their details, name address etc. I'd get in touch with the guards also although I don't think there is much they can do as although fraudulent don't think it is criminal as such.

Regarding getting finance check, I would of thought same as you 10 year old car 5.5k wouldn't have finance, still is good to get though.

Zilvinas Ukvedys

cruizer101 wrote: »

I'd say talk to a solicitor, I'm sure you should be able to take some sort of a civil case against there person you bought it from. Do you have their details, name address etc. I'd get in touch with the guards also although I don't think there is much they can do as although fraudulent don't think it is criminal as such.

Regarding getting finance check, I would of thought same as you 10 year old car 5.5k wouldn't have finance, still is good to get though.

Yes I have all the details of the man who sold the car to me..Garda were same evening when car was taken.They checked the papers and said to me that they can take car away.

Zilvinas Ukvedys

The funniest thing is: registration certificate has been issued on my name as a new owner on 26/04. Last night I have checked cartell report;- latest owner has been registered on 30/04

Another thing: car has been taken on 18/09.After few days I,ve received penalty letter from Eflow as my car passed point on M50,straight on the next day after the car was repossession.
I supposed ,anybody cannot drive the car until it will be sold on auction!

Zilvinas Ukvedys

I have just received Cartell full report:Car is on Donedeal as aprivate sale and it still has outstanding finance!!!!!!

Hachiko

did you not do a check prior to buying the car?

Stheno

Zilvinas Ukvedys wrote: »

The funniest thing is: registration certificate has been issued on my name as a new owner on 26/04. Last night I have checked cartell report;- latest owner has been registered on 30/04

That seems a bit bizarre, was it a different person listed as the owner on 30/04?

Zilvinas Ukvedys

Hachiko wrote: »

did you not do a check prior to buying the car?

No.I thought the car is almost 10 years old and did not believe that could be any finance on that

Zilvinas Ukvedys

Stheno wrote: »

That seems a bit bizarre, was it a different person listed as the owner on 30/04?

I do not know.All they saying there last date of sale is 30/04!!!As I am an owner from 26/04

Stheno

Zilvinas Ukvedys wrote: »

I do not know.All they saying there last date of sale is 30/04!!!As I am an owner from 26/04

I'd say that's you and they were just a couple of days late so.

Zilvinas Ukvedys

Stheno wrote: »

I'd say that's you and they were just a couple of days late so.

Could be.But the man who is selling that car now, said that he has a car for a couple of months and he has registration certificate as well.

hi5

Sounds like a scam, did you go to the Guards, what information did you give them and they give you, did they misinterpret you?

fmcg_scribe

Zilvinas Ukvedys wrote: »

No.I thought the car is almost 10 years old and did not believe that could be any finance on that

Agree that outstanding finance payments for a car of that age is unusual.

However, before buying a used car, you have to do some due diligence to protect yourself - that can mean verifying everything that the seller claims about the car, checking into all the paperwork, and running a HPI (UK)/Cartell (Ireland) check.

Zilvinas Ukvedys

hi5 wrote: »

Sounds like a scam, did you go to the Guards, what information did you give them and they give you, did they misinterpret you?

I, ve called Garda same evening when they came to take the car.They came in , checked the papers ,took the details of the man who was representing financial company and said to me they can take a car away, that was it.

visual

Engage a solicitor to take a case against guy who sold you the car. If it wasnt his to sell he shouldn't have sold it to you.

Im guessing the guy with car now bought it at auction and trying to flip it for a few quid and is being a little economic with the truth. Either way doesn't mather who owns sells or buys the car now. Your case is going to be against the guy who sold car to you and you should focus on getting your money back not waste your efford on car.

homingbird

Link to car on donedeal is needed so other potential buyers wont get burned like you. But if the gaurds took it off you & it went through a auction it must be free from any more money owed on it now.

nick1984

just to add if car was repossed/taken back by finace company or bank its brought to auction and sold to cover there loss and a transporting fee for collecting the car and bringing it to auction,,
so its a 04 car you gave €5500 am i right the finance want another €5800 so thats what they want to clear the car from finace that car was probably sold for €5850 or a bit less or little bit more so to somone that car was cheap stick it up on donedeal spin a few quid.

all they want is the car back and sold asap getting the money there owed back so even if there was €1000 owed on it they would sell it for that just so they get there money back..

as for the taxbooks as they are a company and are actually the legal owners of the car you dont own a finance car it belongs to either the bank/or hpi company they give you a taxbook to tax insure and nct it basically they have another copy of the taxbook along with the folder of the car and its lease agreement and details of the person leasing the car

my only suggestion to you is ring your solicitor tell him about whats happened and he should send a letter to the chap you bought it from and see if he will go to court or summons him what he has done is basically fraud/and selling a vehicle which does not belong to him

in future please use a car checker i know some are a bit expensive but may save you €1000's in loss of cash unfortuantley you have been a victim of this