A word on finance, if you happen to buy vehicle unwittingly that still has finance on it then the seller has broken the law but you have NOT as you have bought "in good faith" and legally have a "good title"
The finance company will claim they still own the vehicle until the remaining finance is paid (untrue) recovery agents may get sent claiming a legal right to remove the vehicle (also untrue without a court order which they are very unlikely to get)
Police if called may attempt to help any recovery agents & claim that they as a whole have the legal right to remove the vehicle as the finance company still owns it (also untrue) its a civil matter so of no concern of the police it can only be recovered from you by a court appointed bailiff with signed paperwork from a judge, if its not signed its not legal & it must be the original so don't fall for the bailiffs normal tricks
All you really need to claim "good title" is to have paid a reasonable price (eg not a tenner of a ten grand vehicle) a receipt helps even if its just scribbled on the back of a fag packet but its not a legal requirement as ALL the onus is on the finance company to prove you didn't buy in "good faith & don't have a "good title"
Don't ask how I know all this Check section 27 of the hire purchase act 1964
That's all a big change since I studied law. Does the concept of 'you cannot get a better title than the person you bought from' no longer apply?A word on finance, if you happen to buy vehicle unwittingly that still has finance on it then the seller has broken the law but you have NOT as you have bought "in good faith" and legally have a "good title"
The finance company will claim they still own the vehicle until the remaining finance is paid (untrue) recovery agents may get sent claiming a legal right to remove the vehicle (also untrue without a court order which they are very unlikely to get)
Police if called may attempt to help any recovery agents & claim that they as a whole have the legal right to remove the vehicle as the finance company still owns it (also untrue) its a civil matter so of no concern of the police it can only be recovered from you by a court appointed bailiff with signed paperwork from a judge, if its not signed its not legal & it must be the original so don't fall for the bailiffs normal tricks
All you really need to claim "good title" is to have paid a reasonable price (eg not a tenner of a ten grand vehicle) a receipt helps even if its just scribbled on the back of a fag packet but its not a legal requirement as ALL the onus is on the finance company to prove you didn't buy in "good faith & don't have a "good title"
Don't ask how I know all this Check section 27 of the hire purchase act 1964
What you are paying for is indemnity if it all goes pear shape - if they say that there's are no issues but it turns out there are then you have comeback.I've used these a couple of times but only to check for outstanding finance...
https://www.hpi.co.uk
It galls me that you should have to pay for this stuff at all as it's all sourced from the DVLA. I think it should be available to the public for free to deter vehicle crime.
The Govt's own MOT website is useful and covers some of the stuff in an HPI check... Plus it's free...
https://www.gov.uk/check-mot-history
That's all a big change since I studied law. Does the concept of 'you cannot get a better title than the person you bought from' no longer apply?
I studied commercial law 1980'to 1985 as you ask.You studied law pre 1965 ? just how old are you
Seriously that is the law on it & has been since 65, most people think if a car for example has finance on it then it belongs to the finance company which it does sort of, right up the point the person that took the finance out sells it illegally, they are still liable for the remaining monies but if the buyer bought in good faith & paid the market rate then it legally belongs to them
Please look it up !
As an aside I have heard various lawyers, police officers & many others that should know better saying the finance company has the legal right of repossession & that the buyer has lost their money, its simply not true but anyone in that unfortunate position should expect a fight & underhand tactics from all involved but stick to your guns & keep quoting section 27 & they give up in the end
I studied commercial law 1980'to 1985 as you ask.
Take a look at 'nemo dat' if you are interested. There are exceptions as ruled in case law.
Why does everyone want to fight all the time? I only made an observation.
I only argue when you are wrong Andy And yes I have studied the law on this particular subject for my own benefit, I have also put it into practice
So to continue the argument first you state its a big change since you studied law then you state you studied law from 1980 to 85 & yet the law in question has been in force since 1964 (yes I did put 65 above to give you a few months benefit of the doubt ) maybe you should have gone into another profession other than banking as even with my schoolboy maths I can figure out 1964 come a little bit before 1980
Like me I think you know just enough to be dangerous!!I only argue when you are wrong Andy And yes I have studied the law on this particular subject for my own benefit, I have also put it into practice
So to continue the argument first you state its a big change since you studied law then you state you studied law from 1980 to 85 & yet the law in question has been in force since 1964 (yes I did put 65 above to give you a few months benefit of the doubt ) maybe you should have gone into another profession other than banking as even with my schoolboy maths I can figure out 1964 come a little bit before 1980