ok long one this so bare with me, a friend of mine in the recovery business is going under, had a knock form the balifs and they casme round and logged all the gear he had, so now basicly hes left the workshop taken all his gear and is telling them to fook off lol


the thing is he has offered me his recovery truck cheap as chips and its so tempting, just trying to find out the rights as the baliffs have recorded his possesions and the truck is one of them, he said hes willing to write receipts bill sale etc etc and if i wish to date the receipt prior to the balifs turning up, so.......

will they try take the truck off someone else if he happened to sell it to a genuine punter in good faith???or will they just hammer him for selling the goods when hes not spost to?
technicly it has no outstanding debts itself, its not there possesion until they had actualy siezed it


i have to give an answer on this tomorrow, my plans were to buy it and leave it in storage for a month whilst it gets registered in my name etc etc

anyones thoughts greatly apreciated

 

You're mate will be in even more shit because he will have signed a legal statement to say that the truck was his when they catalogued all his stuff.

You however, will have legal title to a cheap wagon

personally though, I wouldn't trust anyone in that situation, mate or not.

 

the registerd keeper is not always the legal owner

and i can't spell

 

to be honest i dont give a fook about weather he gets in the shit or not, hes making the choice to do it ill just be buying the wagon as a private punter in good faith, just need to double check that the balifs cant easily take it from me

 

up

 

as eagle has said said dont think they can take it m8

 

as i thought too but just wanted to confirm

 

hi a similar thing happened to a freind of mine he had some legal advise and they told him as long as you buy an item in good faith(and use that wording) there is sod all they can do.he did not have any problems after wards they just went after the guy who owed the money.

 

ok so can anyone suggest a text for a receipt that covers all angles? ill print it out and he can sign it etc

 

just write it as you would a normal recipet like sold 1 recovery lorry reg for the sum of this lorry is sold as seen .
if i was you i would put a realistic price not a really cheap one and just date it before the baliffs came .
has he got anything else for sale cheep lol.

 

yes lol 4 5 series bmmers a porsche 928 a 4x4 pajero 3 speedboats, thats bout it lol but the truck is the only thing of value the rest is old hat

 

give ya a tenner for the pajero

 

The first thing you need to do is obtain a HPi report. If this shows the all clear then you need to buy it through a 3rd party to ensure it cannot be taken away from.

If you are seen to have purchased it from A N OTHER private seller you are deemed not to have known any better and title remains with you.

To be on the safe side, also check that a summons has not been issued by your local Courts to take repossesion of the Company Assetts. Your friend can find this out by ringing the local Law Courts and asking if any cases have been logged against him or his Company.

I am not 100% sure on where your mate stands, but as you said you dont care about the shit he gets into I wont bother getting the info.

 

really? any particular importance to me buying it from a private person rather than me buying it from the company itself as a genuine private punter?

basicly i can prove im buying it with no mot tax so the cheap price i can easily say thats why

 

il have a 5series please

 

I think the balifs will just take the truck from you cause they are now or the company they represent are the legal owners (this depends on this form he signed) of everything your friend owes.

Arent you the guy that posted about your mate doing a dodgy buying an escort cossie on a visa card.

 

yer lol he didnt buy it as decided he didnt want to end up with people chasing him for huge amounts of money




as for your comment, do you know that for fact or is it your personall speculation? i think its the latter

 

When you buy directly from the Company it gets messy and complicated. If he sold it to A N OTHER company they can come in and take it no questions asked as they are thought in the eyes of the law to know better.
As a private buyer you are protected somewhat by the law, but to work this to your advantage you need to get a mate to sign on paper that he bought the truck (saying he took it in payment for debt is usually better than saying he bought it for cash as he may be asked to prove the cash trail).
You then buy it off your mate (on paper of course) and as a private buyer you have purchased it in good faith from a private seller and they cannot touch it.

This is all based on the fact that your mate owns the vehicle outright and that it is not subject to a contract hire or lease agreement.

 

thats usefull thanks, something i didnt know

 

When it comes to cars - if the car is down as 'collateral' for the debt - then it will be repo'd regardless of who is physically in possessioin of it. At least that is how it works with cars. If the vehicle was bought by finance and that is why the bailiffs are there then the vehicle is the property of the finance company - legally speaking.

 

yes but as a i said the truck wasnt on finance ive never mentioned that atalland believe it or not even if a car has finance outstanding but a person bought it privatly in good faith its v hard for the finance company to get it back, quite often the person ends up with the rights to the car ! but it does depend ont he amount owing on the finance

pls read my post at the top of page, im after facts here pls not personal speculation

 

well hpi'd it fully clear kept the printout for that, got him to give me two receipts one dated prior to the bailiffs visit with the business headed paper and another hand writen normal private style receipt stating sold as seen he is the lawful keeper and guarantee debt free etc etc

might do as clare says above though and sell it to a m8 or into me dads name etc

 

Clare's idea about selling the vehicle through a mate is a good one, but maybe doesn't give you entire protection.

Legally if you buy a car privately and the seller owes HP on it so doesn't own it, the HP company is perfectly entitled to take their car back whether you bought it in good faith or not. You then have to try to get your money back from the seller.

If you buy the car from a trader, though, the law deems it that they should have satisfied themselves to good title before selling it on. If that hasn't been done but you bought in good faith, you can keep the car and the HP company can recover their money from the trader.

I'm not sure that putting an extra private sale in will help, and a trader mate probably won't want to end up outt of pocket.

 

Think the only way they would come after you is the fact that you are a car trader (legitimate or otherwise). It wouldn't be too hard for them to establish that you buy and sell cars and the fact you want a recovery truck would obviously back this up
I reckon they would suss out what's happening and repo the motor regardless of the "story" or any fake receipts knocked up etc - finance companies are not that stupid (I used to work with a guy who had his own cargo and repo'd motors for a living - you would be amazed how much info they can get their hands on )

IMO

 

guys where missing the point again, the cars on no finance at all, its been recovered via debt of company, if its sold before the company goes skin then aslong as the new owner takes it away then they cant do shit as its not part of the company anymore

they cant claim the land the company is located on of the man in debt dont own it, its just a error on there part, the guy in debt just has to state he had other worries at the time and it slipped his mind

finance is totally diffferent due to the owner of the vehicle is the finance company, just like you selling a car a mate loans ya for the week end, your mate will get the car back and you wouild be prosecuted for selling a vehicle that you dont actually own


apples ya cant always get advice from these web sites and sooo many claim they know the law but have never been in that situation to see the result

you need to remembe that they have to prove that the vehicle was bought after the debt, not assume it was as the law dont work like that

now i assume that my help allows me a disounted recovery rate should i need it

 

No that is not speculation at all, I have taken a degree in Law and done a brief bit of research. A company has what is called assets which are things it owns such as pens, desks, computers, cars, machinery etc.. basically anything at all. If and most likely these baliffs have given him a notice to say that they intend to receive payment on behalf of the creditors by sezing all company assetts. They will not have to take the goods then and there, but they have to make you aware of this (most likely the form your mate has signed)

Goods, which can be seized
The bailiff can only seize goods which belong to the debtor. However, the bailiff can seize goods, which are jointly owned even if the other joint owner is not the debtor. As this is recovery truck is obviously an assett of the business and baring in mins some legally binding forms have been signed this may amount to a charge of theft should he sell it to you.

Walking Possession Agreement
This is an agreement signed by the debtor which allows the goods to remain with the debtor as long as they keep to a payment arrangement. However if the debtor defaults on a payment arrangement the bailiff can return, force entry, and seize the goods. It may have been this that was signed and I believe this to be the most likely outcome.

As b19 said the law does not work on assumptions, it works on facts. The facts here would be, your friend has sold a recovery truck which the bailiffs had recorded on most likely the walking possession agreement. This agreement states that the goods are now the bailiffs property, even though they are still being used by your friend.

I believe what you think you will get off on is the fact that you think you can prove that this receipt he gave you was before the seizing of goods, however the receipt should have been produced at the time or made them aware of it.

 

very very true BUT if he made a genuine mistake and the truck was sold to help the business before the he had a visit then they cant take the goods off the new owner

if its sold before its sold, just cause its in the guys yard dont mean its his property

if the guy confirms it was sold for what ever reason ( bad debt to clear like clare sugested is better imo) then they can not claim its theres now

the only guy to get in trouble is the guy in debt which apples states he dont care about


remember that the law is wrote out BUT they have to look all cases seperate and on that basisi if a guy now owns the rights to it then they cant do anything about it, unless the guy sold it after it was the bailfs property which when theres the new owner and the guy in debt stating it was not his property but sold what can they legally do, the guy has lost his business and signs but never noticed the truck on there or it slipped his mind, genuine mistake to make but under the circumstances happens they will have to fight hard for it


clares sugestion is water tight but shes a kind of person who has 4 door locks and a security gate on her house incase she gets broken into

 

well ive got the truck now, i believe it was private bailiffs on behalf of the landlord trying to recover outstanding debt

i also got the chappie in the receipt to state that he is the lawfull owner of the vehicle and that it has no outstanding debts etc and is hpi clear,

and as far as anyone else is concerned i bought the truck to transport my banger racing cars
will be registered and taxed plg and not in a company name