Fraud by dealer on car? - raised finance on my car

[Katrina999]

Hi all

I am hoping someone can help.

 

We took our car to a car dealer to see if they would buy it

they said NO but they got enquiries all the time and asked us to leave our car we said NO.

They asked us to sign a sale or return document which I scored out a lot of their conditions

and added one of my own that the car would not be handed over until the cleared funds were in my bank account we left an took the car with us.

 

They called 2 days later saying someone had came in looking for a car like ours and could we take it up to let them see it

we did

 

the guy had a car to sell and they were looking at taking it off him again

we left with our car.

 

I called them 2 days later to find out if the they needed a copy of the V5 to confirm how many owners it had so I emailed them a copy.

I heard nothing more from them.

 

I called them 7 days later

they couldnt even remember who I was nor the car

but said they would get back to me the next day

they didnt

 

I called them again the following day to be told they ceased trading.

 

It has came to light that they raised finance on my car for this guy

took the money and then ceased trading.

 

I had the car in my posession at all times

V5 and both sets of keys.

 

The finance company have now issued a summons for me to appear in court

they say they own the title to my car .

 

I am frantic with worry how can this be.

 

The car wasnt there when the guy signed his paperwork

but the finance company Santander released the funds to the brooker

who told the guy that he could pick the car up once the agreement had been confirmed.

 

Can anyone advise me what the outcome of this mess is likely to be ?

 

what I can do to try and come out of this with my car still in my posession ?

[raydetinu]

who has the car at the moment? i pressume the buyer never got the car, but what happened to the agreement he signed?

What powers did you give the dealer in the form you signed??

It would appear that the dealer ( was he a licensed brooker. check with council ) sold the car to a possible buyer ( fictitous maybe ) just to get the finance!

have you checked the staus of the company with companies house, have they in fact ceased trading, gone into liquidation etc.

You may have to legal advice on this, see a local solicitor.

[Katrina999]

I have the car at the moment and always have had.

The buyer couldn't collect the car as it wasn't in the dealers posession

The Agreement was signed by him but it looks like he signed it 2 days previous when it was proposed

the Broker has been in liquidation since last June I checked with companies house and they confirm then I checked with the Liquidator and they confirmed but yet the broker was using the paperwork of the company that was in liquidation over a year ago ????

There is a question of fraud here so def ceased trading all cars were moved overnight.

Most certainly did it to get finance before they went into liquidation and had the money for over a week apparently but we were not aware that they had made this sale. We signed paperwork to say that the car would be on a sale or return basis but we would not leave our car and we deleted a lot of the conditions as well as adding the car would not pass over to their posession until payment had been cleared funds in our bank account

have made an appointment to seek legal advice on Wednesday earliest date I could get but thought someone on here might be able to offer some advice as well

[rebel11]

Hi Kat

 

I think you need to contact your local Trading Standards to make them aware this is going on.

Also report it to Action Fraud. - http://www.actionfraud.police.uk/

Also Report it to the local police.

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

[Katrina999]

Hi Rebel sorry for posting in wrong eyes are a bit of a blur what with all the crying I'm doing :0(

I did contact Trading Standards they are aware of this garage but there is nothing they can help me with due to the fact that I have been served a writ.

I tried to contact the police when I found out they had raised finance on my car they said that I had not lost anything yet as I still was in posession of the car the V5 and the two sets of keys?

However once I was served with the Write I took that as me having suffered a loss ! so I contactedc them again and they came out to take a statement. There is a DC dealling with the investigation into the garage who I know contacted Trading Standards about the Garage so he isn't due back until tomorrow hopefully he will call me then once he reads my paperwork which was faxed to him by the local Police.

 

K

[rebel11]

Have you reported the matter to the Finance Company?

[Katrina999]

Believe it or not I did that immediately when I found out and although they promised to get in touch never did despite me calling them and asking them to call me.

 

they were the ones that served the Writ for posession of the vehicle they say that I handed the vehicle over volantarily to the garage and by doing so I surrendered my right to title its all a load of lies the vehicle was in my posession at all times the bit that I keep looking at in their writ is they are not quite sure how I managed to get the vehicle back WHAT I always had it. Just a right mess we are an innocent party in what i think looks like a fraud and the ones that the finance company what to pay for it instead of it being between teh dealer and them

[rebel11]

The police are dealing with the matter, so just update as soon as they update you. Have Santander sent you court papers that you need to respond to?

[Katrina999]

yes they sent writ to prevent me from selling damaging concealing the vehicle.

[rebel11]

No doubt the police will also contact Santander.

 

yes they sent writ to prevent me from selling damaging concealing the vehicle.

[popeyethesailortam]

Forgive me here, But surely the simplest thing to do would be to turn up in court. Park the car outside, show them the log book, invite them to view the car and ask them how they consider you to have broken your agreement if you still have the car and are making the repayments.

[raydetinu]

Pop eye, suggest you read the thread again!!!

The op does not have finance on the car!

[popeyethesailortam]

Pop eye, suggest you read the thread again!!!

The op does not have finance on the car!

 

 

Apologies ray, I had misread. My advice remains the same though. Go to court, tell the court you have never sold the car, you have never received any payment for it and the finance company can go and ask for their money back from whoevers account they paid.

 

I would however get yourself a solicitor OP.

[raydetinu]

No sure about taking car to, parking one thing! Finance co pinching cars another, even when law says they cant!, then hell to get it back!!

[Katrina999]

The court writ prevents me form hiding the car , selling the car or making it difficult for them to recover so basically the car needs to sit on my drive not costing any money to store it. where it is safe and unused I think that I would be better placed to present that. I agree the finance company should go and chase the dealer Oops but he has ceased trading so I guess that just leaves me to chase. I had faith in the british system but I am seriously having doubts now... i just hope the Sheriff can smell a rat and see that this is a case of money laundering for the dealer and we have been caught up innocently in it all...We have an appointment with a solicitor tomorrow and if he thinks that we have nothing to worry about I intend to hit them with everything costs, distress damages and anything else anyone can think off let me know