Finance Write-Off and Clocking, Motormouth Legal Advice

Finance, Write Off, Clocking and Motormouth’s Free Legal Advice

Cartell.ie was established to help prevent fraud when purchasing a vehicle. There are many instances where we identify fraud and unfortunately people get caught. We offer some advice on what to do if you find out your vehicle is on finance, clocked or written off.

Finance

If you have bought a vehicle with outstanding finance, the likelihood is that you will be notified by the bank or institution with the financial interest, that they are seeking the return of the vehicle or remuneration of the amount owed. This is a very serious situation. The institute may have been awarded the power to seize the vehicle by legal means and indeed may not contact you at all.  It is imperative that you contact your solicitor immediately and check out the legal advice on www.radiosolicitor.ie which is ran by Brian O’Reilly, Solicitor who is a contributor like Jeff Aherne to Motormouth. You should also contact the person or dealer you bought the vehicle off and ask about the finance. Once the collections department of the finance house has confiscated the vehicle, it becomes much more difficult for you to regain control. We do not advocate hiding the vehicle, but if you are an innocent purchaser, you must ensure that your solicitor acts to prevent loss to you. Remember that finance houses invariably sell the vehicle through auction and are interested in getting their return. In other words if a vehicle is worth €15000 to you but there was €9000 owed the finance house may sell the vehicle at auction with a reserve just to recoup the €9000. A dealer should not sell a vehicle on finance.

Write Off

A dealer should not sell lie about the history of a vehicle including whether or not the vehicle was written off. After discovering you purchased a write off, go back to the vendor or dealer, explain the situation and demand satisfaction. From a road safety perspective, Cartell.ie would recommend that an engineer inspect the vehicle to ensure it is fit for the road. You should also contact your solicitor especially if bought privately It is an offence under the sale of goods and supply of services act 1980 to sell a car to a customer which is not roadworthy. It is also an offence under Road Traffic legislation enforced by the Gardai to sell a vehicle which is unfit for the road.

Clocking

A dealer should not sell lie about the history of a vehicle including whether or not the vehicle was clocked. After discovering you purchased a clocked vehicle, go back to the vendor or dealer, explain the situation and demand satisfaction. You should also contact your solicitor especially if bought privately. Under Irish Consumer Legislation it is an offence to mislead customers about any aspect of a car. It is an offence under the sale of goods and supply of services act 1980 to sell a car to a customer which is not roadworthy. It is also an offence under Road Traffic legislation enforced by the Gardai to sell a vehicle which is unfit for the road.  The National Consumer Agency National Consumer Agency can advise on aspects of all of the above. Click here for buying advice.

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