hpi check

[foggy999]

I bought a SAAB last year from a local dealer to the value of �7000 i part x,s my old car and paid the balance in cash �2000 .
I now want to sell my SAAB but the dealer who i am buy ing from tells me that the SAABi bought and now want to part x ,still as finance against it!!

I went back to the origanal dealer who sold me the car and they spoke to the fianance company who claim the SAAB is a LEASE car and payment to them are still being made.

I am the 3 rd owner of the car the first probley being the leasing company and the second being a private buyer(who also bought the car from the same dealer has me)

Can the fianance company claim the car back?
and if they do can i claim against the dealer who sold me the car.

[NORMANTHEDOG]

yes,they can,claim the car back,they still own it. did you do a HPI check on the car when you bought it, the dealer who sold it to you should have done it when he bought it as well.i would think you have a claim against the dealer who sold it to you,we had the very same thing happen to us,we sold a car with finance owing on it,and we should have checked,it wasent a lot of money,about �800,but we had to pay it off,or we would have been in trouble.but lease cars are different,i would see a solicitor if i were you,or try and sort out with the finance company,some sort of solution.

[Oneeyedvic]

Contrary to the above advice, the finance company do not have a claim on the vehicle. Since you purchased it from a main dealer, you will be classed as an "innocent purchaser".

You need to ensure that this is dealt with asap - it is up to the garage to sort it out with the finance company. Write a letter to the finance company stating that you purchased it from the dealer and to sort it out with them.

If you have any difficulties, please post back

[NORMANTHEDOG]

Oneeyedvic,dont talk so much crap,it does not matter how many times the car has been sold illegally,it still belongs to the finance or lease company,because techincally it has been sold twice and both times the sale was illegal,if you have your car stolen and the thief sells it ,it does not belong to the buyer,it belongs to the person from whom it was stolen from.although foggy has a claim against the dealer who sold it to him,legally the car belongs to the lease or finance company.

[Whickerman]

try this:
http://www.digi-darkroom.com/archive/index.php /t-6234.html

and this:

http://www.consumeractiongroup.co.uk/forum/veh icle-retailers-manufacturers/39904-selling-car -finance.html

[happyjo]

Does not the Bonefide purchaser rule apply?
Innocent, without knowledge and for full consideration??

Jo x

[Oneeyedvic]

I am not talking cr@p - try having a look at the following government websites:

http://www.caerphilly.gov.uk/yourservices/publ icprotection/tradingstandardslicensing/trading standards/faqfinancialservices.htm

http://www.hants.gov.uk/regulatory/tradingstan dards/financial-services.html#cash

an innocent purchaser is ""someone who did not know, and who could not reasonably have been expected to know, about the outstanding HP agreement." - on the basis you purchased it from a dealer, you could reasonably not have expected there to be HP outstanding.

foggy - if you want advice from someone who actually works in the finance industry and understands the consumer credit act and how it relates to car finance, please feel free to post back

[johnny37]

I am not an expert but, innocent purchaser or not, surely the goods still belong to the original owner, ie the leasing company. The dealer was also committing an offence by selling the car to foggy, not to mention the person who orginally sold it. I think foggy has two options. Ask the dealer for a refund, or ask the dealer to pay the owner (the leasing company). Oh, and the police should be informed (I suggest the dealer is ther one to do this). Unfair as it may seem, foggy is now also implicated for not reporting it. As I always say, try and keep it friendly, seven grand is over the small claims court limit.

[beryllium]

Who's still making the payments to the finance company?