Advice please - paid deposit on car, now found HPI on it
Advice please - paid deposit on car, now found HPI on it
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stellacheersmate

Original Poster:

2,459 posts

192 months

Saturday 23rd October 2010
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Made a cock up of this... Went to see a Jag x-type today that the wife has seen and fallen for. Seemed straight, and everything seemed all well and good.

Put a £1K deposit down and left with a Sales Invoice. Just got round to running an HPI check and it's come back with finance still oweing.

Done some googling as I need to understand my rights, but I suspect I'm not searching for the correct terms. Can anyone advise my legal position - and tips for persuing this in the correct manner?

Neil H

15,407 posts

274 months

Saturday 23rd October 2010
quotequote all
Dealer or private?

As I understand it, it's not unusual for dealer cars to have finance, just make sure you get proof that it's cleared before you buy.

CarlT

3,424 posts

270 months

Saturday 23rd October 2010
quotequote all
If it is at a dealer, it is probably on a 'stock funding agreement' which gets paid off when you take delivery.

It is provided by finance companies, so dealers do not have thousands of £s of their own money in stock...

stellacheersmate

Original Poster:

2,459 posts

192 months

Saturday 23rd October 2010
quotequote all
Trade Seller, Neil. I would have expected him to have mentioned this?

With these feet

5,733 posts

238 months

Saturday 23rd October 2010
quotequote all
Either way I'd guess you're safe, if its a private seller then they legally cant sell it as its not their's, if its a dealer then the onus is on them to ensure any outstanding finance is paid in full before re-sale.

Old story but a mate of mine bought a car from a forecourt. Paid in cash and thought all was well. Turns out he had bought the car from the guy who worked in the petrol station and there was finance on it. Lost the car and the money...

slipstream 1985

13,551 posts

202 months

Saturday 23rd October 2010
quotequote all
your deposit is totaly refundable.. but they dont want you knowing that and will try everything under the sun to avoid giving it back.

stellacheersmate

Original Poster:

2,459 posts

192 months

Saturday 23rd October 2010
quotequote all
Thanks chaps - so, how do I approach this?

davepoth

29,395 posts

222 months

Saturday 23rd October 2010
quotequote all
Phone them, tell them you've HPI'd it and tell them the result - they should be able to explain it away as has been said above. If they don't have a decent explanation, ask for your deposit back (it wasn't as described).

paqs

32 posts

186 months

Sunday 24th October 2010
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With these feet said:
Either way I'd guess you're safe, if its a private seller then they legally cant sell it as its not their's, if its a dealer then the onus is on them to ensure any outstanding finance is paid in full before re-sale.
Neither is safe because once you've parted with the money its you who would have to claim it back which could be near impossible, the car is owned by the finance company until its paid off and they could take it back from you, worst case is you lose your money and the car.

I went through a similar situation with an independent dealer recently, paid a deposit on a car which was advertised as clear of finance, turned out to have more finance on it than the car was worth, dealer said he would clear the finance after the sale, no way I said. Despite requesting my deposit back 4 times and waiting 7 weeks got no response so charged it back via the Visa Chargeback scheme due to misrepresentation and breach of contract, money was sucked back from his account to mine biglaugh

Independent dealers, scum of the earth!

stellacheersmate

Original Poster:

2,459 posts

192 months

Monday 25th October 2010
quotequote all
Thanks to all those that replied. Phoned the listed Finance company today and was told that there was no finance agreement in place!

There was one taken out in 2003 and cleared in 2004. Really helpful chap at Capitol Bank actually called Experian AutoCheck, gave them st about why they were not providing accurate information and phoned me back to pass on their apologies and that they would sort it out.

Completely lost confidence in Experian's Autocheck, in my case it was showing a phantom agreement. What if somebody else doesn't see an agreement when there is one??!

Muzzer

3,814 posts

244 months

Monday 25th October 2010
quotequote all
stellacheersmate said:
Thanks to all those that replied. Phoned the listed Finance company today and was told that there was no finance agreement in place!

There was one taken out in 2003 and cleared in 2004. Really helpful chap at Capitol Bank actually called Experian AutoCheck, gave them st about why they were not providing accurate information and phoned me back to pass on their apologies and that they would sort it out.

Completely lost confidence in Experian's Autocheck, in my case it was showing a phantom agreement. What if somebody else doesn't see an agreement when there is one??!
Make sure you get the confirmation in writing....

Neil H

15,407 posts

274 months

Monday 25th October 2010
quotequote all
Muzzer said:
Make sure you get the confirmation in writing....
...and sue them when they give false information. They probably have a "we can't be held responsible for incorrect information" disclaimer though.

markmullen

15,877 posts

257 months

Monday 25th October 2010
quotequote all
stellacheersmate said:
Thanks to all those that replied. Phoned the listed Finance company today and was told that there was no finance agreement in place!

There was one taken out in 2003 and cleared in 2004. Really helpful chap at Capitol Bank actually called Experian AutoCheck, gave them st about why they were not providing accurate information and phoned me back to pass on their apologies and that they would sort it out.

Completely lost confidence in Experian's Autocheck, in my case it was showing a phantom agreement. What if somebody else doesn't see an agreement when there is one??!
It is often the finance companies themselves who forget to get their interest in a car deleted rather than the checking company