Car I have bought has outstanding finance 😬

[SID160991SID]

I sent the email a week ago today and called to confirm they had received it. They told me it had been received and I would have an update by Thursday. I called again on Thursday got told the person who deals with it is on annual leave but a note would be left to give me an update today.

Yes I thought it was common practice for a dealer to provide the new owner with a HPI check? They had to do it before purchasing the car.

[Amethyst]

I'd give them a call now then if they were going to update you today and see what they say.

[SID160991SID]

So.... I spoke to them and no update the case is "Being Worked" according to the asset management team.

[james_law]

I sent the email a week ago today and called to confirm they had received it. They told me it had been received and I would have an update by Thursday. I called again on Thursday got told the person who deals with it is on annual leave but a note would be left to give me an update today.

Yes I thought it was common practice for a dealer to provide the new owner with a HPI check? They had to do it before purchasing the car.

Having bought numerous vehicles aswell as being with others buying too, I've never know a HPI check to be carried out by the dealer/garage. A HPI is really aimed at the buyer as a safeguard to make sure what they are buying is all above board.

I'd wait til they contact you as you've done all that you can do at the moment. Fingers crossed the evidence will be sufficient to allow you to keep the vehicle and the remainder of monies to be collected from either the dealer or original purchaser.

[Phaeton]

Having bought numerous vehicles aswell as being with others buying too, I've never know a HPI check to be carried out by the dealer/garage. A HPI is really aimed at the buyer as a safeguard to make sure what they are buying is all above board.

I don't usually buy from dealers due to the added cost involved but the last 2 cars I have bought were from dealers & in both instanced HPI's were provided as part of the purchase.

[SID160991SID]

When a dealer takes a car in as a PX or buy's it from a seller they would conduct there own HPI check. This will commonly be passed on to the new owner I've searched the internet and this seems to be common practice and a perk of buying from a dealer. It's not uncommon or out of the ordinary at all maybe just slightly naive to not have done one myself.

[james_law]

When a dealer takes a car in as a PX or buy's it from a seller they would conduct there own HPI check. This will commonly be passed on to the new owner I've searched the internet and this seems to be common practice and a perk of buying from a dealer. It's not uncommon or out of the ordinary at all maybe just slightly naive to not have done one myself.

Is this what the dealer you bought the car did?? if so, its highly likely the dealer is innocent in all this, so the finance company is either going to pursue the debt with the original owner. However I think its quite possible that HPI that was undertaken was insufficient to fully find out if there was finance outstanding on the vehicle as it only searched over 40 which could mean it searched just 41 companies. I would imagine there is a great deal more than 41 finance companies.

[SID160991SID]

That's exactly what the dealer did. Passed me a HPI check that they had preformed. There maybe 40+ lenders but i would suggest all these lenders report to a database that the HPI check would have tapped into. Lenders are required to provide the information to these databases (HPI) within 24 hours of the finance agreement being made. My job is not to prove how effective this check was only to prove it was sufficient for me to believe there wasnt anything untoward. I stand by the fact the car was bought in good faith and i acted reasonably when trusting the HPI check/dealer.... Let's hope black horse feel the same.

[R0b]

You may wish to read the link below as a recent example of a person who is in a similar position to you.

http://legalbeagles.info/forums/foru...o-repossess-it

[SID160991SID]

Rob thank you for pointing this out. I believe my case may be slightly different as I'm technically the first private buyer?

[R0b]

Yes and so Section 27(3) applies to you as highlighted by Amethyst.

Ultimately you were handed results of a HPI check and it was reasonable for you to rely on that as evidence, even though there is no legal obligation for you to carry out a HPI check anyway. Nonetheless the results provided to you indicated the car was free from finance and, as the first private purchaser, title of the vehicle transferred to you.

Onus is on the finance company to prove otherwise which I suspect might be somewhat difficult in this case given that the HPI results can be used as evidence as part of your defence argument.

What's doesn't seem to be clear is whether it was you who contacted Black Horse first or if it was BH who contacted you, unless I've missed it. Can you clarify this point?

If it was you who initiated the contact then you may now have a battle on your hands and might have been the wrong thing to do no matter how honest it may look. Let's just hope that BH don't report it stolen because if they do and the police find it, then they may seize it and return it back to them. You may then have to instigate legal proceedings to prove ownership.

This obviously shifts the onus from BH to yourself. On the flip side, you can point out to BH that it was purchased in good faith and they therefore need to remove any reference to the vehicle being on finance as title transferred to you the financial link is a block to you selling the vehicle which you are legally entitled to do.

[SID160991SID]

Thanks for the information. I initiated contact with black horse, I had the car up for sale. We are expecting our first baby literally in the next few weeks. The car only has 4 seats so it's not practical as a family car (Off Topic) Anyhow the person looking to buy the car did a HPI check and black horse motor finance came up showing 60 month HP was taken out 06/17.

[Amethyst]

HP was taken out 06/17.

And when did you buy the car? I know you said recently...but that HP isn't very old at all.


Re R0bs comment about initiating contact, I can't really see anything else you could have done, once you know the car has HP on it you can't sell it so all you can do is try and get it sorted.

Also, congrats on the impending hope all goes well xx

[Phaeton]

Re R0bs comment about initiating contact, I can't really see anything else you could have done, once you know the car has HP on it you can't sell it so all you can do is try and get it sorted.

Also, congrats on the impending hope all goes well xx

Yes that seems the logical thing an honest person would do.

Congratulations

[R0b]

Difference of opinion I think. If I had been selling the car privately I would have also uploaded the HPI document as evidence that it is free from finance and no results were showing.

Anyway, we are where we are and the OP just needs to deal with it now, just make sure to keep on top of BH and chase them because the longer they take the longer its going to take you to sell it. Worst case, you might need an order from the court to force BH to remove any restriction or link to the vehicle being on finance.