How not to buy a mortgage car and what to do if you bought it?

Today, you can easily buy a pledge car, that is, one that is taken on credit and the debt on it has not been paid. Many people, tempted by affordable car loans, buy cars, and after a while it turns out that they are not able to pay the debt. In this case, they have every right to sell this car, and the buyer pays the entire loan from the bank, and the remaining money goes to the buyer.

However, there are scammers who specifically draw up a car loan, and then put the car up for sale without informing the buyer that the money has not yet been paid to the bank for it. Consider this common situation on our website Vodi.su.

Sale scheme

On many forums, you can find stories about gullible motorists who buy cars from their hands, and after a while they receive a notice of unpaid debt, litigation and demands to make a delay plus all penalties and fines.

What can I advise?

Let's just say that the situation is not easy. Most likely you have become a victim of scammers.

They operate in a simple way:

issue a car loan;
after some time, they apply to the traffic police for a duplicate of the TCP (the original is stored in the bank), or through some of their connections they temporarily take the TCP from the bank, and, of course, do not return it;
putting the car up for sale.

Let's also say that today there is no single database of pledged vehicles, so even checking by the VIN code on the official website of the traffic police will not help a gullible buyer.

Then a contract of sale is drawn up in accordance with all the rules, possibly with some fake or familiar notaries. Well, as the documents of the seller, a fake passport can easily be used, which can only be distinguished from the real one by specialists.

There are also stories of bogus car dealerships opening up to sell loan cars and shutting down as soon as a happy, unsuspecting customer drove off in a brand new car. It can even be assumed that entire organized groups operate in this way, having their people in banks, and possibly in the police.

How not to buy a mortgage car and what to do if you bought it?

How to get the truth?

The bank does not care who currently owns the car. According to the agreement, if the borrower (mortgagor) violates the requirements of the agreement, the pledgee (creditor) has every right to demand early return of the entire amount. If the money is not credited to the account, then the bank will collect the vehicle itself.

What to do?

The only way out is to go to court. Article 460 of the Civil Code will be on your side. According to it, the seller is obliged to transfer to the buyer only the goods that are exempt from the rights of third parties (that is, the pledgee), unless the buyer agrees with the terms of the acquisition of collateral. By applying this article, you can terminate the contract of sale and return the cost of the car to you in full.

Accordingly, you will need to present all documents confirming both the fact of your purchase of this vehicle and the transfer of money to third parties.

However, a problem arises - if you are not lucky enough to deal with well-trained scammers, then it will be very difficult to find them. Therefore, you will have to contact the police. And here everything will depend on the actions of the police: if they find scammers, they will be able to get their money out of them, but if not, then it’s not fate, and a good lesson for the future.

You can also go to the bank and explain the essence of the problem there, they will probably meet you halfway and postpone the confiscation for a while. But this will only be a temporary measure.

How not to buy a mortgage car and what to do if you bought it?

How to avoid such a situation?

We have already told a lot on our website Vodi.su how to prepare for buying a used car. However, in this case, the situation is complicated by the fact that there is no base for mortgage cars in the traffic police, and banks will not disclose such information.

Therefore, when buying, you should be alerted by the fact that a practically new car is offered duplicate TCP. You can go to the traffic police and ask for a copy of the primary TCP there - during registration, a file is created for each vehicle, where copies of all documents are stored.

Also, when drawing up a contract of sale, require that it indicate that the car is neither pledged nor stolen.

Carefully check the passport details of the seller. If something bothers you, simply refuse the transaction.