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Garage sold my car and didn't pay off the finance....?

4 replies

Mum1369 · 08/10/2008 11:22

Hope someone can help me untangle this web !
A friend of mine needed to sell her car. She asked a car sales company to sell it for her whilst she was out of the country (still is) - the car was sold in april and the company agreed to pay off the outstanding finance (in a cheque to the loan company) and give her a cheque for the difference. However, the cheque never arrived at the loan company - the car sales place said that it had been 'lost' and said they would re-issue the cheque. Meanwhile, my friend was still paying the loan on the car by direct debit. As it was the fault of the car sales company, they sent two cheques to cover two of the re-payments that she had paid after the car had been sold. This went on and on with the cheque never having been re-issued, my friend still paying the direct debit and no more cheques coming from the car sales place. This morning we called the car sales place for an update and to ask if the cheque had been re-issued (they kept saying it had) - to find that the company has gone in to administration.
So...where does she stand legally ?
The car was sold back in april. The car was obviously sold with the loan still outstanding on it. She doesn't appear to have signed anything. Does the car still belong to her ? Is she at the mercy of the administrators ?

OP posts:
DraculaNeedsArteries · 08/10/2008 11:26

I am no expert but I wouldn't be surprised to find that the debt still belongs to her (it is in her name) but that the car belongs to someone else as the ownsership details have been passed on.

It sounds like the deal for the company to pay off loan was a handshake deal...probably not legally binding.

That is only my opinion though.

Sorry if it is not what you want to hear.

titchy · 08/10/2008 11:35

I think technically the car does still belong to her - not the current owner who has also been shafted. The curretn owner should have done an HP checkk on the car. In fact if the loan company haven't yet been paid the full amount it could in fact belong to them. Not good I'm afraid....

Mum1369 · 08/10/2008 11:35

Thanks for the response, that is my feeling but i'm not sure where she stands legally as the car was sold so long ago the car company can't really put it down to it being a victim of the administration process.

OP posts:
Mum1369 · 09/10/2008 18:12

Any one any other thoughts ?

OP posts:
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