Legal defence required: Bought a Car then later discovered it was on finance, HELP!
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Description
Upon arrival home, I tried calling the seller to enquire about a function of the car. I noticed he was disconnecting my calls and I did not think much about it until my wife suggested we do our own HPI check. To our astonishment, the car was owned by Santander Finance UK. In a panic, I immediately contacted Santander, holding to the hope it was due to the system being not updated. My contact prompted an internal investigation by Santander, resulting in a communication 1 month later requesting further details. I cooperated with their requests and provided evidence to support my position. After providing the evidence, I received a letter today 21st September 2018 stating that the debt of £16,611.48 according to them; being the outstanding balance under the original agreement is to be paid to them and/or return the vehicle. It also states that the policy owner of the finance agreement is not the person who sold the vehicle. In fact, prior to myself there were 2 other names as previous keepers on the v5/log book.
My question today is, do I have a legal standing to challenge Santander and if so, how to go about it? The evidence in my possession are:
The letter from a previous finance company which was presented by the seller.
A receipt signed by the seller and myself
Pictures of the seller
Pictures of the sellers driving license
pictures of the damage when I bought the vehicle
Copy of the original advert on autotrader advertising the car as HPI clear
The seller might have fled the country to Eastern Europe. I have reported this to the police, however they are unable to investigate further as it appears to be a civil matter. Action fraud has committed to keeping the case open, however this does not solve my immediate problem.
Santander has now passed this case to their solicitors who have been in contact (please see attachment). If anyone reading this can provide any help or advise me on whether I have a case, I would appreciate it. Thanks for reading!!!
Miguel D.
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Can you please let me know where you live as that will be where the nearest court that would deal with the matter will be located. It is no good this Solicitor placing a proposal or taking on the case, if I am in London and you are in Newcastle.
I look forward to your reply. -
Do you have a copy of the letter from the supposed finance company saying it was all clear? If this was a faked letter, then you have zero chance of keeping this car and will be pursued for the money. You have zero chance of getting your cash back from the Eastern European seller of the vehicle. Its a major scam that often happens.
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Hi Miguel
Have you come to a decision as to if you wish to proceed?
Mark Wilson -
If you have bought a car with help of a car loan, and completely repaid the loan either by paying through to last EMI or prepaying for it, then the first thing you must do is get the vehicle transferred in your name from that of the bank.