Bought a used vehicle turned out it’s not hpi clear!
Bought a used vehicle turned out it’s not hpi clear!
Author
Discussion

Namz

Original Poster:

33 posts

63 months

Monday 3rd May 2021
quotequote all
Hi guys! I need some help I bought a vehicle a few days ago buying from a lady she showed me the reports of hpi clear etc so I paid in full and brought it home. Got the tyres changed etc. It didn’t drive as smooth as it should it’s a golf automatic 62 plate, nothing fancy. So decided to do a hpi check and its come with some shocking information!! The car has been on finance with two different companies one takes out June 2019 and one taken out July 2019, which I believe won’t be paid off by now?? Also it’s in CAT S !! Which the seller never declared. So basically I’ve been scammed... now she claims she didn’t know about all this as it was before her ownership. I’m stuck with the car now!! I can’t sell cuz it’s not hpi clear!! I need help!!! What can be done!! Can I take the lady to small claims court??? I don’t know what to do!!!

Nickp82

3,914 posts

121 months

Monday 3rd May 2021
quotequote all
Small claims court. I have taken this route with a private seller of a vehicle who refused to offer any recompense in a similar situation.
It was a low value car but I did it more out of principle as if the shoe was on the other foot I would play ball.
Anyway, after his initial refusal it got to the mediation stage and a rebate was agreed (this was what I was aiming for as the car was otherwise ok)

Wacky Racer

41,186 posts

275 months

Monday 3rd May 2021
quotequote all
Namz said:
she showed me the reports of hpi clear etc
??????????

Namz

Original Poster:

33 posts

63 months

Monday 3rd May 2021
quotequote all
She showed me the picture it was hpi clear I even have that on my phone as she sent it to me as a message. She said she’s not great with phones so she was taking screenshots and sending it me but showed it on her phone as the correct one.

NMNeil

5,860 posts

78 months

Monday 3rd May 2021
quotequote all
Wacky Racer said:
Namz said:
she showed me the reports of hpi clear etc
Do you have that report?
If it goes to court that will be one of the most important documents to show to a judge.

Namz

Original Poster:

33 posts

63 months

Monday 3rd May 2021
quotequote all
Yeah I’ve got the screenshot of it. Same it’s not about the car now it was £3400 but it’s more about the principal. Now when I’m questioning her she’s going on about me harassing her! I was like I’m stuck with a car which has two finances on it and an accident so I can’t even sell it. And looking at hpi agreements private seller needs a letter from finance company to say that person is allowed to sell the car!! But two different finances on the same car a month apart!! How is that even possible and but the looks of it it has a 60 month finance and a 36 month so it’s till 2024!

Meeten-5dulx

3,317 posts

84 months

Monday 3rd May 2021
quotequote all
Wacky Racer said:
Namz said:
she showed me the reports of hpi clear etc
??????????


Didn't dancy getting your own verified and independent check?

that horse has bolted.

Small Claims looks like your only potential option.

Seeker UK

1,443 posts

186 months

Monday 3rd May 2021
quotequote all
Sorry to hear about your problems.

Have a look at this (especially the bit in bold):



Problems with used cars bought privately



Buying privately is one of the riskiest ways of buying a car. If something goes wrong with it you don’t have as much legal protection as you would if you’d bought the car from a dealer.

[b]The car must match the seller’s description, be roadworthy and the seller must have the legal right to sell it to you.

In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.[/b]

But you are responsible for ensuring the car is “of satisfactory quality’’ and “fit for purpose” before you buy it.

Watch out for any unscrupulous sellers pretending to be private owners so they can offload faulty or stolen cars.





If the car is on HP or PCP, then the car is owned by a finance company and so, cannot be sold

https://www.autotrader.co.uk/sell-my-car/advice/ho...

"However, selling a car with outstanding finance without telling the buyer is illegal. Until the finance is settled (i.e. until you reach the end of the finance term), the car is still owned by the finance company, so it’s not yours to sell."


So if the car is still on finance, it would appear that the seller has acted illegally. This seems as good advice as any on the 'net.

https://www.whatcar.com/advice/buying/what-happens...

Bottom line: formal communication with the seller, outline the issues and what you want to do, record everything, don't lose your s**t with the seller - they might not know have intentionally acted illegally. Citizen's Advice are good too.

Parbold milkperson

276 posts

64 months

Monday 3rd May 2021
quotequote all
Did you pay by cheque?

Namz

Original Poster:

33 posts

63 months

Monday 3rd May 2021
quotequote all
Well if someone is showing you a whole report you’d trust that won’t you! And it was my first time buying it private so I guess it was my fault. And now she’s refusing even knowing the car was financed and she bought it private too!! But basically she’s sold me something that’s not hers... it’s technically owners bu the bank or two banks by the looks of it! Either she’s been scammed as well or she’s just done it to me no body knows! Waiting till tomorrow to ring citizen advice to see what they say!

Namz

Original Poster:

33 posts

63 months

Monday 3rd May 2021
quotequote all
Parbold milkperson said:
Did you pay by cheque?
No pod by bacs so have a proof of payment

anonymous-user

82 months

Monday 3rd May 2021
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Not unless you are thick.

In most access the second most expensive item you will buy and you don’t spend £5 on a HPI report.

buyer&seller

846 posts

206 months

Monday 3rd May 2021
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This has got to be a wind up, but if not the OP should have paid for his own HPI report, penny wise.........

Chris32345

2,141 posts

90 months

Monday 3rd May 2021
quotequote all
Parbold milkperson said:
Did you pay by cheque?
People still use them in this day and age?

Parbold milkperson

276 posts

64 months

Monday 3rd May 2021
quotequote all
Namz said:
No pod by bacs so have a proof of payment
Ask your bank for. Charge back or recalll of thee payment

anonymous-user

82 months

Monday 3rd May 2021
quotequote all
Parbold milkperson said:
Ask your bank for. Charge back or recalll of thee payment
Have you been near a bank since 1995?! Cheques? Bacs recall? Chargeback?

Just FYI, Chargebacks are for credit cards and you can't recall a Bacs payment.

Parbold milkperson

276 posts

64 months

Monday 3rd May 2021
quotequote all
MercScot said:
Have you been near a bank since 1995?! Cheques? Bacs recall? Chargeback?

Just FYI, Chargebacks are for credit cards and you can't recall a Bacs payment.
Actually you can.

ZX10R NIN

30,470 posts

153 months

Monday 3rd May 2021
quotequote all
Your a member of PH & you didn't do an HPI/V Check, you must've seen numerous threads regarding this.

You always do your own check no matter WHO you're buying from.

How long had she owned the car?

When was the car written off?

Why would you do an HPI after you've bought the car?

Neddy Sea Goon

242 posts

76 months

Tuesday 4th May 2021
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When was the last change of keeper on the V5?

If she bought it before June 2019, she knew about the finance

V5 Isn't proof of ownership but a good indicator

Djtemeka

1,979 posts

220 months

Tuesday 4th May 2021
quotequote all
MercScot said:
Have you been near a bank since 1995?! Cheques? Bacs recall? Chargeback?

Just FYI, Chargebacks are for credit cards and you can't recall a Bacs payment.
I did a chargeback last year from a debit card sale. The bank froze the guys account as well biggrin