Successfully defending Company Director sued for outstanding finance on company car

Dean represented the Director of a company who had used an Aston Martin DB9 as a company car for a number of years. The car was purchased on finance and the Director used it as his personal car as well as for work purposes. The logbook was registered in his name, and he had placed a personalised number plate on the car.

When he eventually wished to sell the car, he took it to a dealer to sell and settle the finance. Unfortunately the dealer was a rogue who sold the car on to a third party without telling them about the outstanding finance, and without paying it. The dealer then disappeared and could not be found.

As a result the finance company issued proceedings against the Director, claiming that he should personally pay the remainder of the finance owing as the car had effectively been ‘his’, rather than his company’s.

Following Dean’s representation at trial the Judge agreed that his client should not pay the outstanding sum and ordered that the claim brought by the finance company should be dismissed, and that the finance company should pay the Director’s legal costs.