As the statistics of the National Bureau of Credit Histories shows, the number of vehicles purchased with borrowed funds is steadily increasing. For example, in 2016 their number exceeded 40%. Despite the fact that the sale of credit cars with the concealment of this fact is illegal, this does not bother scammers. Offenders even manage to sell a car that is stolen, pledged, or under arrest.
Today, everyone has the risk of acquiring such a problematic vehicle. How not to fall for the tricks of scammers? The surest, most effective and common way is to check for a car’s burden. How to do this, we will consider in the article.
What is it?
First, let's define the concept.
An encumbrance is the existence of a specific prohibition, a restriction that prevents the owner of the vehicle from fully managing the car. In particular, it is illegal to give, sell, lease such a car.
What awaits a person who is not lucky to get an encumbered car? The whole set of debt obligations of the previous owner of the vehicle passes to him.
An encumbrance is already a forced, extreme measure. Its application, in theory, should ensure the safety of the property of the debtor. Since in the future this property should be transferred to the collector or sold to pay off the accumulated debt.
The grounds for imposing an encumbrance on vehicles are usually prescribed in decisions of bailiffs.
The legal interpretation of this concept is presented in the Federal Law No. 122 (1997). In particular, this is Art. 1 law. The encumbrance implies the existence of prohibitions or some conditions that prevent the owners from fully disposing of their property.
Types of encumbrances
How to check the car for an encumbrance, we will consider in more detail below. Now we will present the most common types of encumbrances in relation to machines:
- Car loan. When signing the corresponding loan agreement with the bank, the buyer puts forward as a pledge the car he purchases and the TCP for it. The term for repayment of such a loan is usually 3-5 years. Therefore, if you purchase a credit car with a period of stay from the previous owner less than this, this should alert you. As well as the seller’s lack of a vehicle passport.
- Pledge. If the car was issued as collateral (for example, to take a loan), then the unscrupulous seller will issue an incomplete package of documents for the vehicle, there will be a suspiciously low cost of the car, the term of ownership of the car is less than 3 years.
- Arrest. Such a measure is established in relation to a car in the case when the debtor ignores the court decision made in relation to him, erects obstacles for its implementation.
- Failure to pay fines, alimony, utility bills, tax fees, debt to financial state institutions. If in such cases the seller acts as a malicious non-payer, then, by a court decision, measures may also be introduced to limit the disposal of his property.
- Rent. Your seller can only operate the machine, but not be its owner. In particular, his lease agreement contains a clause prohibiting the sale, donation of a vehicle.
What threatens the purchase of an encumbered car?
Why is it so important to check the car for an encumbrance in the traffic police? Buying a problematic car can result in very serious consequences for its new owner:
- Debt obligations of the previous owner fully fall already on the new owner.
- It will become impossible to register a problematic machine with the traffic police. Therefore, it is impossible to legally exploit it.
- Lengthy litigation. You have to restore justice in court, which will take a lot of effort, time, money. There are also cases when buyers of encumbered cars could not prove their case. The transaction with an unscrupulous seller was declared invalid. The buyer was left without a car, and without money.
Troubling signs
How to check the car for an encumbrance? First of all, pay attention to these signs, which say that the seller is clearly not completely honest with you:
- The lack of the original title. It is likely that the document is in the bank as collateral for the outstanding loan for this car.
- Suspiciously low cost of the machine, not corresponding to its technical condition.
- The vehicle until the time of sale was owned by the previous owner for less than three years. As we have already noted, 3 years is the minimum period for repayment of a loan to purchase a car. Therefore, if you are offered a practically new car, also without a technical passport, the deal needs to be canceled unambiguously.
- The seller finds reasons not to disclose to you his personal, passport data. It does not provide for familiarization with the insurance policy, certificate of registration of the machine.
- The seller does not sell his car, but belongs to his wife, parents, friend and so on. At the same time, he refuses to demonstrate a notarized power of attorney in his name, which is necessarily executed in such cases.
Credit Bureau Check
How to check the car for an encumbrance? The first way is to contact the credit bureau. There are many organizations providing such services today. You can easily find them in your city.
But pay attention to the fact that the service is paid. Its cost starts from 600 rubles. In addition, in order for your planned purchase to be verified, you need to have the passport data of its current owner on hand.
The method is quite correct. If the car is listed as collateral, this will necessarily be reflected in the credit history of its owner.
Check in the FSSP
How to check the car for an encumbrance? Another reliable way is to contact the Federal Bailiff Service. But here is the same complexity - you need to know the passport data of the owner of the car you want to purchase.
What can you find out in the FSSP? Almost complete information on the burden of the car:
- Being under arrest.
- The car acts as collateral.
- This car was taken on credit.
Check in the traffic police
Is it possible to check a car for an encumbrance for free? You need to contact the local traffic police unit. The inspection has no right to register burdened vehicles. From here, the traffic police database contains data on the seizure of cars and other factors restricting the disposal of such property.
But let us draw your attention to the fact that in order to receive information in the traffic police department you must provide employees with two documents:
- Service Passport.
- Vehicle Registration Certificate.
Check on the website of the traffic police
How to check the car for encumbrance by number? You can refer to the official website of the traffic police. Proceed as follows:
- Go to the official traffic police portal, find the section on checking cars for restrictions, burdens.
- Next, enter the VIN number of the chassis / body into the corresponding line.
- Decide on the purpose of the requested verification: the presence of restrictions or encumbrances, the conduct of search measures in relation to this car, the facts of participation in an accident, the history of registrations in the traffic police itself (so you can find out all the owners of the car).
- Then just click on the "Request Verification" command button.
- Wait 10-15 minutes - your request will be processed this time. The result of it will be released in a separate field at the top of the web page.
There is only one difficulty here - you must be sure that this VIN number was dictated by the sellers from the TCP of the car you are purchasing.
Notary check
How to check if there is a burden on the car? You can also contact a notary public. The fact is that he has access to the Register of collateral. Including there are added data on cars registered as collateral.
The notary can send a corresponding request regarding the car you are purchasing. The cost of such a service starts from 100 rubles.
Check by license plate or vin code
How to check for an encumbrance car in the traffic police for VIN? Refer to the online service "Autocode". This is an official portal created by the Moscow government. Before using it, you must register.
How to check a car for an encumbrance by VIN? Enter in the appropriate field the state number of the vehicle you are interested in or its VIN. Next - click on "Check Auto". We warn you that such a service is paid. But it's worth it - you will gain the confidence that you are buying a “clean” car.
This verification method stands out for the following undeniable advantages:
- Prompt receipt of information. To see the complete data for the car you are interested in, you need to spend no more than 5 minutes.
- Availability. You need to know only the state number of the car of interest.
- Reliability, completeness of the data provided. Since the resource is official, the information it provides can be trusted.
What do you learn here? The following data will be available to you:
- Information about all existing encumbrances.
- The number of owners of this machine.
- Statement of traffic police fines to owners of these cars.
- The number of traffic accidents in which this car was involved.
- Year of release of the car, its important technical characteristics.
- Was this car used as a taxi?
The presence of encumbrances on the car does not allow its owner to fully dispose of such property. In particular, sell it, give it, rent it out. But for unscrupulous sellers, this is not an obstacle. But the buyer buying a burdened car turns into big problems. To prevent this from happening to you, be sure to choose a reliable way to check the machine for encumbrances.