AIUI (which is superficially):
a. a personal contract purchase is a conditional sale and so within section 27 (as amended);
b. a logbook loan (on a bill of sale) ain't. In law anyone who buys a car subject to a logbook loan has no protection from the lender repossessing it at will.
I think HPI check the (High Court?) register of logbook loans, but I'm not sure every such loan is registered. Check with HPI before relying on them (let alone on me!)
Hmm. That is where I experienced another quirk of the system. I bought a seond-hand car from a dealer and expected to be able to tax it online with no problem, but it was an ex-Motability car and so had been tax exempt. That meant that I had to go to a post-office, along with the dealer to apply for a tax status change and tax it there. Why couldn't the system simply allow me to tax online like any other vehicle and change the tax status automatically as I paid? As it is, it is impossible to pick up an ex-Motability car on a Sunday or after work, because the post-offices are closed!
SteveW
Yes, but it sounds to me as if an HPI check might well have missed all this too! :-)
I may be missing something. It would be routine for Shogun Finance to have registered the loan on the vehicle. So I don't see why a check by HPI (or one of the other firms) wouldn't have found the loan - given they check the registration number of the vehicle, not the name of the seller.
In these cases is there a "new owner"? Doesn't the finance company still own the car. The person selling it was just the registered keeper.
No, that's the whole point, a private buyer who buys 'in good faith' gets title (i.e. ownership) of the vehicle regardless of any finance or hire purchase agreements between previous owners(?)/users of the vehicle and a finance company.
I just wonder if doing an 'HPI check' would indicate lack of 'good faith' and thus might be a bad idea!
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