help any body know about this subject we bought a van of a very well known dealer in 2005 we have all the receipts showing that we paid in full its now 2010 and we went to sell it opps chriss is showing outstandind finance from 2001 what are our rights please any body know the dealer is not helping and the bank wont talk to us because of data protection act and the deal was not us were going out of our minds with worry are they now going take our van of us
I would have thought that if you have receipts from dealer, saying you paid in full, then it could be their issue really.
I would have thought that the finance company will want their money back still, but without knowing amounts etc it is hard to say what they will do. Is the amount outstanding similar to the value of caravan?
If so, I think that they would go after the people who the contract was with initially, failing that, they could come after the van or payment to the same value.
If this does happen then surely the dealer will be at some fault and could be claimed against for selling you something that isn't his to sell.
I do think that their first port of call will be with the original owners though as they made the deal and if they tell the finance people that they no longer have the van, then they will chase them for payment first.
Even so a nasty situation that I hope turns out ok for you.
So are you saying that a dealer sold it you without clearing previous outstanding hp ? That in itself must be illegal I would have thought. Get advice from the caravan club if your a member.
Good job you bought from a dealer and not private.If the dealer does not want to know then perhaps a warning shot across their bows by way of a letter from your solicitor may wake them up.This is a problem of their doing and not yours.Thats why we purchase from dealers,yes we pay through the nose but we expect finance and other legalities to be wound up before we come along and purchase from them.Best of luck and please keep us posted.
------------- Those that danced were thought to be quite insane to those who could not hear the music. Angela Monet
Quote: Originally posted by tozz on 14/2/2010
yes thats right bought for cash of a very very well known dealer and it still had outstanding finance on it so they clearly dident do there jobs right
Did you ever register the van with cris? I am guessing you did not or this would have come up earlier. If you did then they have made an error and should put it right.
It is my understanding that the finance company can recover the van and you have recourse for your loss with the dealer. The dealer will in theory be able to recover from the original owner of the van that took out the finance.
I suggest you get round the dealers quick and bang the table demanding that they arrange for you to immediately have clear title to the van or give you your money back failing which you will instruct & solicitor.
And by the way Mr reputable caravan dealer this is bound to get into the local & trade press.
Just go to the dealer & be firm, it is their responsibilty as they sold it to you. Are you saying the finance co has actually been in touch with you & have stated they are going to take it off you? how much money are they asking off you instead of taking 'van?
Don't waste money on a solicitor, the dealer has not got a leg to stand on here, be absolutely firm with them. I guess the solution here is for the dealer to pay off the finance co.
I assume what has happened here is that you did not register the 'van with Cris when you bought it & the potential buyer has now checked with Cris, correct?
We had a similar(ish) situation when we bought our 1st van. It was 10yrs old & bought from a dealer. When we went to register it with CRIS they contacted the very 1st owner to check it had been sold (it was still registered to the owner who had it brand new as nobody in the interim had applied to re-register) & the 1st owner decided to try to pull a fast one & claimed it had been stolen from him (thought if it was still registered to him he could have it back).
Police got involved & could find no crime ref & theft had never been reported to CRIS so police decided he was lying. The police did tell me tho that even if the van had been genuinely stolen we would have re-course through the dealer to get our money back.
Hope everything is sorted quickly for you - I know exactly how worrying it is!
Just go to the dealer & be firm, it is their responsibilty as they sold it to you. Are you saying the finance co has actually been in touch with you & have stated they are going to take it off you? how much money are they asking off you instead of taking 'van?
Don't waste money on a solicitor, the dealer has not got a leg to stand on here, be absolutely firm with them. I guess the solution here is for the dealer to pay off the finance co.
I assume what has happened here is that you did not register the 'van with Cris when you bought it & the potential buyer has now checked with Cris, correct?
You are assuming the dealer is going to throw up his hands and say ok mate - its a fair cop! They may well do but if not money might have to be "wasted" on a solicitor.
Quote: Originally posted by millermicm on 14/2/2010
You are assuming the dealer is going to throw up his hands and say ok mate - its a fair cop! They may well do but if not money might have to be "wasted" on a solicitor.
The op states that it is a 'very well known dealer' who obviously didn't check the caravan was free of finance before he sold it. I can't really see a problem here, It was suggested that the op should 'see a solicitor' I was suggesting the op went to see the dealer first & was quite firm.
imho,the first problem as i see it right or wrong.the dealer has made a large mistake in not checking the finance outstanding,so the problem is his/hers.the next problem is that part of the caravan belongs to the finance co.unless the dealer wants to pay off the finance co,then the van must be returned to the dealer and he will have to return your money paid in full.anyway it goes you need to give the dealer chance to correct it.the solicitor is a last step when all avenues have been explored.when i bought my first van i knew nothing about CRIS,but i did get documents and registered.
------------- the only silly question is the one you do not ask.
Seems to me its the dealers problem. He failed to ensure thatthere was no finance outstanding on the van when he took it into part ex. This means he sold you a van he didn't technically own. You bought in good faith so if I were you I'd tell the dealer that he must sort it out so that either you retain the van you bought OR he furnishes you with a similar van to your satisfaction for the monies you have paid him in good faith. Elseways up you'll sue his sad a***!!
If there's not much owing on it it may be wise to pay off the finance company, or risk losing your van. A solicitor may cost you more than a settlement figure to the finance company. Ed
From what I can glean from the ops first post they have already been back to the dealer and the dealer is ''not helping''.Now that indicates to me that the dealer is trying to fob toz off and hope they toddle off and sort this problem out for themselves.
Now they have a bit of a dilemma.They can either try and fend for themselves and take on the dealer who sounds as if they are not willing to back down or they can get a solicitor on side and threaten legal action..This,i think would shake a 'reputable'dealer into admitting they are at fault and rectifying the situation.So far from 'wasting money' on a solicitor',getting one on side would be the very next thing on my to do list.
------------- Those that danced were thought to be quite insane to those who could not hear the music. Angela Monet