Car I have bought has outstanding finance 😬

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I hope you can still see the information. Sorry for the quality.

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So after sending a complaint email I today i received a reply. I have copy and pasted below.


Good Morning Mr Removed.

Thank you for your email below which was sent to the Managing Director of Black Horse. I have been asked to investigate and respond on his behalf.

Firstly please accept my apologies for the delays that you have experienced in receiving a decision from our Collections Department. I am in the process of investigating the concerns that you have raised and I can see that there has been unnecessary delays.

From your email you have explained that you have returned the questionnaire by recorded delivery. Can you confirm the reference number so that I can track this down for you and process it quickly through our postal system.

In relation to the evidence that you have already sent in I can confirm that I have copies of the Gumtree Advert, your conversations with the seller, your V5 and the check that you completed on the vehicle.

I hope that this will provide you reassurance that this is now being managed by the High Level Complaints Department and any concerns that you may have please feel free to contact me.

Kind Regards

REMOVED FOS & High Level Complaint Manager, Blackhorse Complaints Customer Services, Group Operations

T:

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Can anyone recommend a good solicitor that would know this subject inside out that isn't going to mean me selling a kidney to pay for it

[R0b]

Why don't you try pt2537 he might be able to assist with your case, although I'm not sure a solicitor is all you need right now.

Presumably you still have the car, so and they have acknowledged your complaint so why not just wait and see what happens?

[seduraed]

Look at the terms and conditions of the HPI check. Some offer indemnity if they mark a vehicle clear of finance when it isn't. It may be that the dealer has to claim as it was them who took out the HPI check in the first place.

[SID160991SID]

Thanks Rob, We don't appear to be getting anywhere in this situation and I'm in desperate need of a family car unfortunately I have just short of £10000 invested in this car and can't afford to buy anything else. I didn't know if a solicitor would be able to send a legal letter stating HP act professional negligence blah blah... To encourage a response. They've admitted there's been unnecessary delays ect.... But still gave misleading information as the complaint manager said I'd have a "Full Response" by the 11/10 then on the 12/10 told me there's no update should be by the 15/10 then today still no update.... Just feel like I'm

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seduraed The trader was 1 man band type and is no longer answering calls.

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After some advice from Paul Tilley i contacted the FOS there response is below

Dear Removed,

Thank you for your emails.

I’ve spoken to Black Horse and they’ve confirmed they aren’t pursuing you for the debt. They are still seeking to establish that you are an innocent party under the hire purchase act and not seeking to repossess the vehicle.

So, as you aren’t a customer of Black Horse and they aren’t pursuing you for a debt, I’m afraid we wouldn’t be able to look into your complaint about Black Horse further. The Financial Ombudsman wouldn’t be able to help.

You would need to wait for Black Horse to provide their response to you. If you aren’t happy at this point as we discussed you are free to explore legal advice.

I’m sorry this wasn’t the answer you wanted, but I wish you all the best in getting this resolved.

Kind regards

REMOVED | investigator | REMOVED
Financial Ombudsman Service | Exchange Tower, London, E14 9SR

So if they aren't going to repossess the vehicle or persue me for the dept shorely they should remove there interest in the vehicle and persue there customer? Am i missing something?

[Amethyst]

I wish the FOS would be clearer.

They are still seeking to establish that you are an innocent party under the hire purchase act and not seeking to repossess the vehicle.

So they are basically confirming this

From your email you have explained that you have returned the questionnaire by recorded delivery. Can you confirm the reference number so that I can track this down for you and process it quickly through our postal system.

In relation to the evidence that you have already sent in I can confirm that I have copies of the Gumtree Advert, your conversations with the seller, your V5 and the check that you completed on the vehicle.

I hope that this will provide you reassurance that this is now being managed by the High Level Complaints Department and any concerns that you may have please feel free to contact me.

and confirming BH are not seeking to repossess ( presumably at the moment while they investigate ) so it is just a matter of waiting for the outcome of their investigation.

Have you been watching Hello405's thread at all ? Slightly different as he was second purchaser and had to prove the first purchaser was an innocent purchaser so that title passed, whereas you're the first innocent purchaser ( due to the HP check showing clear ) but might have some interest to you.
https://legalbeagles.info/forums/for...o-repossess-it

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The FOS said if they were looking to repossess the car or enforce the dept that wasn't mine they can help. So if Black Horse haven't yet finished there investigation FOS response is premature. Or are BH just trying to buy time?

[Amethyst]

Yip BH needs to complete their investigation. Should be 8 weeks max but I think that's going to be taken from your 'complaint' rather than when this first started, but 8 weeks from 17 Sept ( your first post on here ) is still 10 days away. Usually you can't go to FOS until either a final resolution letter has been received from the company, or 8 weeks have passed from the complaint being made without resolution.

You're not BH's customer of course and as BH aren't trying to do anything to you ( at the moment) there's nothing for the FOS to get involved with.

Far as I'm aware from the thread BH have requested info and you've provided it, and they're investigating... so although it's frustrating as you don't know exactly where you stand, whether you'll be able to keep the car and so on... it is just a case of waiting for BH to make their decision for now.

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The FOS were of the same opinion as me, The complaint started on the date of the first email sent to there complaints department which was the 10th of September which means there 8 weeks is finished on the 5th of November. So Monday. It's a very frustrating and difficult time. If they do decide they want to repossess the car is this the best time to contact the FOS?

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UPDATE: Today i have been informed by black horse they are removing there interest and sending £50 inconvenience compensation. They're satisfied that i am an innocent purchaser. Thank you all for your advice.

[Amethyst]

Did you get back on to the FOS after the 5th Nov or just wait for Blackhorse to come back to you ?

£50 seems like peanuts for the stress it's caused you, but at least it's done with. Keep hold of that letter with your Log book and whatnot just incase anything further comes up, particularly when time comes for you to sell the car etc.

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The FOS wasn't interested in the case...