Finance Co Trying To Take Car-Previous Owner's Debt!

[Caspar]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

Hi Amy.
I was saying I had read the thread already, thank you for the link. I was stating that what was in the listing would apply if the agreement taken out by the debtor were regulated.

If the company is indeed knowlingly "pulling the wool", surely this is rather dangerous and commercially stupid - As I say it could surely be construed by a court as an attempt to commit a fraud. There are some who might given in and pay/hand the car over.
Given the time this has consumed and the stress it has caused I would be mindful to sue them.

bh - I know you have not agreed with much of what I've said, but I'd be wary of suing them when by your own admission you have assumed the original owner took out this loan. You are not sure! Still does not excuse Lombard, but if you want to sue them you want to be sure!

[bh486]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

Actually it's the type of loan that's being assumed. It is the previous registered keeper/owner who is the named debtor.

[Caspar]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

bh - you have assumed the original owner took out this loan. You are not sure! Still does not excuse Lombard, but if you want to sue them you want to be sure!

That's what I meant - hope you can see from the emphasis now placed. Is there any way you could find out? Contact him/her and ask direct? They can only tell you to xxxx xxx! Otherwise look up a specialist solicitor if you're not getting the answers here - first consultation is normally free for x amount of time - should be long enough if they know their stuff. Do you have legal advice through your insurance?

Good luck anyway!

David

[WendyB]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

Tbh Caspar I fail to see what contacting the previous owner would achieve. The fact of the matter is, Lombard are attempting to repossess BH486's car to pay off a debt owed by Joe Bloggs. The onus would be on Lombard to provide proof, legally, that they are entitled to do so.

The HPI guarantee has no bearing as the car was never on the HPI register in the first place so HPI haven't provided any incorrect information.

BH, I'm not sure, if you were to sue Lombard, what you'd put on the POC, as at present you haven't actually suffered damage as such, they are at present trying it on, but you haven't played their game, so to speak, so they aren't likely to get anywhere with you.

[Caspar]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

Tbh Caspar I fail to see what contacting the previous owner would achieve. The fact of the matter is, Lombard are attempting to repossess BH486's car to pay off a debt owed by Joe Bloggs. The onus would be on Lombard to provide proof, legally, that they are entitled to do so.

The HPI guarantee has no bearing as the car was never on the HPI register in the first place so HPI haven't provided any incorrect information.

BH, I'm not sure, if you were to sue Lombard, what you'd put on the POC, as at present you haven't actually suffered damage as such, they are at present trying it on, but you haven't played their game, so to speak, so they aren't likely to get anywhere with you.

What needs establishing is the type of loan that was taken out and if it is covered by the CCA as if it is the OP has nothing to worry about. I would suggest a simple prove it letter, but the OP has been VERY specific about what info he does and does not want to be given!

[WendyB]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

I know that. I've read the thread :tinysmile_aha_t:


BH486, have you had any other contat with Lombard since they contacted you? Have you made any response to them as yet?

[Caspar]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

I know that. I've read the thread :tinysmile_aha_t:


BH486, have you had any other contat with Lombard since they contacted you? Have you made any response to them as yet?

He doesn't want asking questions, he wants straightforward answers to his two questions. I've read the thread too and have been told this a few times! Like I said I'd have suggested the prove it letter otherwise, but that doesn't answer either of the OP's questions!:tinysmile_aha_t:

[WendyB]

Re: Finance Co Trying To Take Car-Previous Owner's Debt!

Which he has had. He has been pointed in the right direction, certainly. With more info we may be able to help further. If the OP chooses not to answer my question, then that's fine. But it doesn't mean I shouldn't have asked it in the first place. FWIW I too think a Prove it may be in order, but the OP may already have sent one. Hence my question.