Car Repossessed Advice Needed
Discussion
Scottish law...
Bought a car off someone back in November, yesterday it was lifted by a firm stating there was a decree issued on it by local court in December due to sellers Dad being ordered to repay someone for a botched job building a conservatory. I did an HPI check at time it came back clear, the sellers Dad got in touch last month to say this may become an issue as he did own car at one point but sold it to his daughter early last year but didnt change the V5 so I did another HPI check and yet again it came back clear so presumed he was mistaken. Police told me i would have to go to court about this and nothing i could do to stop the car being taken. After a heated discussion I also now getting charged with assault on sheriff officer as well as being £3k down on the car. Pretty bad day... Anyone ever come across this before I didnt think under Scottish law you could do this any more.
Bought a car off someone back in November, yesterday it was lifted by a firm stating there was a decree issued on it by local court in December due to sellers Dad being ordered to repay someone for a botched job building a conservatory. I did an HPI check at time it came back clear, the sellers Dad got in touch last month to say this may become an issue as he did own car at one point but sold it to his daughter early last year but didnt change the V5 so I did another HPI check and yet again it came back clear so presumed he was mistaken. Police told me i would have to go to court about this and nothing i could do to stop the car being taken. After a heated discussion I also now getting charged with assault on sheriff officer as well as being £3k down on the car. Pretty bad day... Anyone ever come across this before I didnt think under Scottish law you could do this any more.
Having had misfortune to watch that stupid program on BBC in mornings about bailiffs they do seem to list your assets to recoup money but then that was in England not Scotland. Would a court decree for this ever show up on an HPI check though and if not how would anyone ever know if someone was trying to offload assets
The HPI shows no finance against it because there isn't any.
There is a court order to sieze it to apparently repay a debt of the previous owner. Obvioulsy the court considered he had sold the car to deliberately try to avoid this.
Downside it the OP is now stuffed rather then the previous owner.
There is a court order to sieze it to apparently repay a debt of the previous owner. Obvioulsy the court considered he had sold the car to deliberately try to avoid this.
Downside it the OP is now stuffed rather then the previous owner.
Edited by PurpleMoonlight on Saturday 13th April 16:27
Easy enough to get back, well in England anyhow. Not entirely sure of the correct forms you would need in Scotland.
You're going to need the receipt for the purchase.
As there was no finance on the car, the reason the car was lifted was because it was seen as an asset by the previous owner for a court judgement. Now, as long as the car wasn't seized on paper prior to being sold, then you won't have an issue.
Providing the bailiff with the receipt as long as walking possession wasn't taken, should get the car released. If they don't play ball, there is court form you fill in England, again unsure of the exact procedure in Scotland.
You're going to need the receipt for the purchase.
As there was no finance on the car, the reason the car was lifted was because it was seen as an asset by the previous owner for a court judgement. Now, as long as the car wasn't seized on paper prior to being sold, then you won't have an issue.
Providing the bailiff with the receipt as long as walking possession wasn't taken, should get the car released. If they don't play ball, there is court form you fill in England, again unsure of the exact procedure in Scotland.
PurpleMoonlight said:
The HPI shows no finace against it because there isnt any.
There is a court order to sieze it to apparently repay a debt of the previous owner. Obvioulsy the court considered he had sold the car to deliberately try to avoid this.
Downside it the OP is now stuffed rather then the previous owner.
He has 5 working days to prove ownership.There is a court order to sieze it to apparently repay a debt of the previous owner. Obvioulsy the court considered he had sold the car to deliberately try to avoid this.
Downside it the OP is now stuffed rather then the previous owner.
What I suspect has happened in your case it that the seller of the car has had an interdict or inhibition order placed on his assets by the court (at the request of the opposing side) pending the outcome of the court case. This is done to stop people from disposing or hiding their assets in case the judgement goes against them.
The car you bought would have been listed as one of these assets which means he would not be allowed to sell it without the permission of the court. If he did sell it in breach of that order and then lost the court case this would allow the winning side to instruct Sheriff officers to seize and sell any such assets which is why they came looking for the car.
I know you bought the car in good faith but I am not sure what the legal position is because the seller may have had no right to sell it to you. Hopefully a lawyer can give you advice on whether you can retrieve it from the Sheriff officers or you have to try and claim your money back from the seller.
The car you bought would have been listed as one of these assets which means he would not be allowed to sell it without the permission of the court. If he did sell it in breach of that order and then lost the court case this would allow the winning side to instruct Sheriff officers to seize and sell any such assets which is why they came looking for the car.
I know you bought the car in good faith but I am not sure what the legal position is because the seller may have had no right to sell it to you. Hopefully a lawyer can give you advice on whether you can retrieve it from the Sheriff officers or you have to try and claim your money back from the seller.
Would be handy if anyone here is a lawyer, i know i could go through small claims to recover cash but i prefer to try get car back before it auctioned seeing i repaired the engine on it after i bought it. That would make sense if the assets had been cited before the case in December. I don't know full in and out obviously only what i been told. In this current climate this could become a common problem with bankruptcies left right and center and make getting a clear HPI check not as safe as presumed. I would have thought once a claim on a car is made it would be registered in same way finance would be, similar to how it works on houses. Very frustrating.
theexiled said:
Would be handy if anyone here is a lawyer, i know i could go through small claims to recover cash but i prefer to try get car back before it auctioned seeing i repaired the engine on it after i bought it. That would make sense if the assets had been cited before the case in December. I don't know full in and out obviously only what i been told. In this current climate this could become a common problem with bankruptcies left right and center and make getting a clear HPI check not as safe as presumed. I would have thought once a claim on a car is made it would be registered in same way finance would be, similar to how it works on houses. Very frustrating.
As I have suggested above, you will have 5 days to prove ownership of the vehicle - if you can do so by means of receipt you should be fine. However if the car was already levied (walking possession) then your claim will be against the previous owner.This has absolutely NOTHING to do with finance whatsoever, and of course would not appear on a HPI check.
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