Hi WD, james has just pointed me to this. I spent 10 years in the industry advising and working with Finco's, courts etc.
I won't go over the number one rule about never buying before you HPI, you know that, but thats always the golden rule..
So, to the issue. Firstly you need to verify that this is a Bill of sale agreement ( the legal term for a log book loan), you are correct that there are differences in how these work, but despite what the BBC have suggested, these are just as likely to be registered with HPI as any other loan. Although the finco has more protection with a bill of sale, recent government review has put them under pressure to work with dealers in situations like this.
Sadly, they probably will have title to the car and if it was registered with HPI then we don't have the option to take the route that it wasn't registered.
So, its all down to negotiating with the finco. They are only entitled to their original value, so its worth trying to negotiate this down, it may be that they have added fees etc. which you can get taken from the balance to reduce the amount owed.
The only glimmer of hope here is that you have been talking to the debtor and you can ask why they have not repossessed the car already if the debt had gone bad, it may be of course that the debtor has moved. They are obliged to go after the debtor for this, but sadly as you now have the vehicle and they know where you are they will take the path of least resistance, you.
My advice, store the car somewhere safe while you negotiate, otherwise they could, and probably will, just turn up and take it back...
Legally, your customer did not have legal title to the vehicle to sell to you, so you can pursue him for wrongful conversion ( the legal term). However it sounds like he may not be worth very much and you could just be throwing money away.
So in summary, Try to get the finco to go after the debtor ( give them his details). Negotiate with them on the value, tell them the car is stored somewhere and you are happy to go to court, this may encourage some negotiation, but if they play hardball you are holding their property, however they will have to provide you with proof of their interest ( which i'd be interested in seeing to see if there is a way out). Lastly, work out if your customer is worth pursuing.
if you can get this sorted for £2k, its probably just an expensive lesson, legal fees would be significant in this.
Drop me an email, i'm happy to review any documentation you have and give you any help i can
Andy