Mobile money repossessed my car on logbook loan somebody else had taken

[Nashom]

Hi everyone

I bought a car about two months ago and 5 days ago early in the morning two guys showed up at my door claiming that it has financial obligation to Mobile Money and they have to take it away. They showed me the court order and I had no other choice but to give them the car. I called the mobile Money and they said that the car has logbook loan and if I pay it I can get my car. I called the seller and he said he had done the HPI check and it was clear (I did as well on my iphone and it was all clear). Now I am going to take him to the court and he told me to do it. I dont know what to do, I am desperate for help. I dont think that Mobile Money can repossess a car without any prior correspondence or notice as I could show their letter to the seller and ask for compensation (he says I am lying as the companies send notice letters before any action). I dont know what to do if anyone out there can help me please. should I file a complaint against the seller or Mobile Money? or both?

maybe somebody has been through the same problem and can give me some advice.

thanks for your help

[Gaston Grimsdyke]

If the car belonged to MM they can just take it from you. The reason they didn't tell you first is to prevent you hiding it. You have a cast iron case to get your money back from the seller, it wasn't his to sell to you. The HPI check is irrelevant, there is no obligation on a finance company to register their interest, in case the seller tries to hide behind that as an excuse.

[Nashom]

Thanks for your reply Gaston, I have just found out that the seller is a trader in spite of saying he is not. so I presume he knew about it. The info I found about his company shows that it is dissolved recently but I dont think it changes anything. What are my chances if I take him to the court?

[Gaston Grimsdyke]

Well it's possible he didn't know it was MM's car, especially if it was not on HPI, but it doesn't really matter. He sold you a car that wasn't his. The fact the company he traded as is dissolved doesn't change anything as you say (I assume you dealt with him in his personal capacity). Your chances of successfully getting a judgment against him are high - whether you can successfully enforce it or not is the question, and him lying about being a trader and the company being dissolved is concerning. The first thing I would do is check the individual insolvency register to make sure he isn't bankrupt: http://www.insolvencydirect.bis.gov.uk/eiir/

[Nashom]

There is no record of him or his company in the site so I assume he is not bankrupt. Anyway I will try to convince him to pay back my money before any court action.

[Nashom]

he has started refusing my calls. how long will take to take him to the court? he might change his place