Great caller. Explained the issue well. Done his homework already and has taken very sensible steps up to this point. Sounds like he genuinely is a bit stuck. I like the way he politely challenged some of Daniels points too around selling the car. Much prefer calls like this than chancers and loonies who ring up with rambling nonsense.
The finance company owns it you can’t sell it until the finance is clear the storage debt is between you and the customer if he has signed a document agreeing to your terms
Perhaps send the bills for the storage costs to the finance company, as it is ultimately (at this point) their car??. Once you are in a proper conversation with them, they will maybe engage with you more positively and something can be worked out. it might also be worth asking a solicitor how to put an order on the car stating that the finance company (or anyone else) can't take the car without clearing it's debts.
A couple of things; 550 x £19 is £10,450, not £7~8k. If this is a Hire Purchase agreement, ownership is transferred from the loaner when the last payment is made, so the 'owner' is the lender, there's no contract between the owner and the garage, so the garage can't dispose of the vehicle.. If the guy is still meeting his monthly payments then there's no way in a million years that the finance company will enter into a settlement agreement with a third party. If the borrower hadn't been making the payments, you would imagine that the lender would be delighted to have located the vehicle and would be willing to negotiate a settlement with the garage. Lastly, it's not unheard of for loan companies to register an interest on a vehicle even when the advance was a personal loan. If it's a personal loan, the companies who administer vehicle history databases will, if given evidence to that effect, remove the HP marker on the vehicle's record.
The local authority has a statutory duty to remove abandoned vehicles. This applies on private land. Would need some research, but this could probably meet the definition of abandoned if the owner has no legal right to leave their vehicle on the land. Refuse Disposal (Amenity) Act 1978
Does not the finance company own the car until all moneys owned are paid. if So I would sent a bill to the finance company for storing their car Give them a month to pay no money take them to court.
The driver agreed to store their car for a certain cost, whether that's a hire car, a car on finance, a toy car or a car that they fully own is irrelevant. The storage contract is solely an agreement between the garage and the driver.
A difficult situation. I'm curious if the owner is still paying finance on it. If not I'm pretty sure the finance company would be taking a very keen interest in it's location by now, so that suggests they are still paying which suggests they do intend to collect it one day. How curious.
The labour costs for stripping it would probably be too much. His costs would be far higher than a scrap yards costs so he wouldn't be able to sell the parts at competitive prices
He owns the car now, the DVLA transferred ownership but he needs to finish the payments before selling or arrnage it with the finance company first. Usually a garage will pay it off or the you use the money from auction to pay it off. You can absolutely sell financed cars to garages, i know people that have done it with full disclosure. They just subtract remaining payments from the value and pay it off.
@@kelmanl4 Read the front page of a V5c registration document. It states that the document is not proof of ownership and that it only shows who is responsible for registering and taxing the vehicle. Someone will be the legal owner of that vehicle, it can't be bought or sold without agreement of the owner.
If the customer service rep only wants to read their script instead of actually trying to advise someone, then yeah, they're numpties. TBF, most people are numpties in this legal matter (including myself)
That won't work as they have no contract with the garage. Being the legal owner isn't the same as being responsible for the actions of the registered keeper / hirer.
@@ROFT As long as the payments are being made, the finance company will have no interest, and neither should they. If the payments are not being made, they'll have a process for repossessing the car. At that point, as he has the vehicle in his possession, the caller will be well placed to negotiate with the finance company.
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Great caller. Explained the issue well. Done his homework already and has taken very sensible steps up to this point. Sounds like he genuinely is a bit stuck. I like the way he politely challenged some of Daniels points too around selling the car.
Much prefer calls like this than chancers and loonies who ring up with rambling nonsense.
I was told this is a classic way to stop cars being taken by bailiffs, log book loans for silly values that your never pay off.
The finance company owns it you can’t sell it until the finance is clear the storage debt is between you and the customer if he has signed a document agreeing to your terms
Perhaps send the bills for the storage costs to the finance company, as it is ultimately (at this point) their car??. Once you are in a proper conversation with them, they will maybe engage with you more positively and something can be worked out. it might also be worth asking a solicitor how to put an order on the car stating that the finance company (or anyone else) can't take the car without clearing it's debts.
A couple of things; 550 x £19 is £10,450, not £7~8k.
If this is a Hire Purchase agreement, ownership is transferred from the loaner when the last payment is made, so the 'owner' is the lender, there's no contract between the owner and the garage, so the garage can't dispose of the vehicle..
If the guy is still meeting his monthly payments then there's no way in a million years that the finance company will enter into a settlement agreement with a third party. If the borrower hadn't been making the payments, you would imagine that the lender would be delighted to have located the vehicle and would be willing to negotiate a settlement with the garage.
Lastly, it's not unheard of for loan companies to register an interest on a vehicle even when the advance was a personal loan. If it's a personal loan, the companies who administer vehicle history databases will, if given evidence to that effect, remove the HP marker on the vehicle's record.
The local authority has a statutory duty to remove abandoned vehicles. This applies on private land. Would need some research, but this could probably meet the definition of abandoned if the owner has no legal right to leave their vehicle on the land.
Refuse Disposal (Amenity) Act 1978
Does not the finance company own the car until all moneys owned are paid. if So I would sent a bill to the finance company for storing their car Give them a month to pay no money take them to court.
The driver agreed to store their car for a certain cost, whether that's a hire car, a car on finance, a toy car or a car that they fully own is irrelevant. The storage contract is solely an agreement between the garage and the driver.
A difficult situation. I'm curious if the owner is still paying finance on it. If not I'm pretty sure the finance company would be taking a very keen interest in it's location by now, so that suggests they are still paying which suggests they do intend to collect it one day. How curious.
Someone will buy the car for parts.
Could dismantling it and sell for parts be an option?
I would LOVE to send that WhatsApp message to the owner 😂
@@howiestone9987 hell yeah 😂
Not such a crazy idea if all other options are exhausted.
The labour costs for stripping it would probably be too much. His costs would be far higher than a scrap yards costs so he wouldn't be able to sell the parts at competitive prices
@@stevec6427 agree. I guess this is more of a last resort when all other options have been exhausted.
Daniel isn't the one who picks the calls lol.
Hopefully, 21 days notice that his car would be sold at auction was enough to get him moving.
I would have put the car out in the street after a few months
I don't think he is a people person as manners seem to be lacking
Can he really sell a car that he doesn't own ?
He owns the car now, the DVLA transferred ownership but he needs to finish the payments before selling or arrnage it with the finance company first. Usually a garage will pay it off or the you use the money from auction to pay it off.
You can absolutely sell financed cars to garages, i know people that have done it with full disclosure. They just subtract remaining payments from the value and pay it off.
@@kelmanl4 Thanks for the clarification.
@@kelmanl4 they transferred the log book. That in itself is not proof of ownership. Just who is responsible for taxing the vehicle
@@sunnysinghlangeri6829 indeed, register keeper I think. Not owner
@@kelmanl4 Read the front page of a V5c registration document. It states that the document is not proof of ownership and that it only shows who is responsible for registering and taxing the vehicle.
Someone will be the legal owner of that vehicle, it can't be bought or sold without agreement of the owner.
in other words ya screwed
'numpties in the sales departmet'. How disrespectful.
Is he wrong though?
If the customer service rep only wants to read their script instead of actually trying to advise someone, then yeah, they're numpties.
TBF, most people are numpties in this legal matter (including myself)
The car belongs to the finance company, so invoice them
That won't work as they have no contract with the garage. Being the legal owner isn't the same as being responsible for the actions of the registered keeper / hirer.
@shinkansenshinkansend8316 just keep it then, they'll suddenly have an interest
@@ROFT As long as the payments are being made, the finance company will have no interest, and neither should they.
If the payments are not being made, they'll have a process for repossessing the car. At that point, as he has the vehicle in his possession, the caller will be well placed to negotiate with the finance company.
He's not very good at sums is he.
Please don't refer to the sales people as 'numpties', that is very disrespectful!
... but they are - sorry!