Huge complex problem!! Help required.

MoneysaverInAPickle

Hi, i've been trying to sort out a problem i've got for a while now and thought i'd give here a shot as i've seen there's a few clued up people on here, so here goes.

I purchased a car in April 2007 for £5000, i paid £3,800 cash and £1,200 on a credit card. Now i have come to sell the car on i have found out that the car is on outstanding finance on a hire agreement and i am unable to sell it until that is up which is 18 months from now! I asked the guy at the garage if the car was HPI clear when i bought it to which he replied 'yes', which was a blatant lie as the finance was taken out 3 months before i purchased the car.

As if thats not a big enough problem the credit card company who i made the £1,200 payment with was Morgan Stanley who have now been taken over by Barclays nd they can only go back 6 months and can't get details of my transactions!

I seem to be going down routes but getting nowhere, has anyone any idea how i can get outta this one?

jonesMUFCforever

First port of call is to get the garage to clear up the finance.This is nothing to do with you and their job to sort out.
If they refuse take legal action.

bingy_burge

Yeh you probably signed a contract when you bought a car of that value. That should have a not stating that the car you are buying is hpi clear and any part exchanges are as well.

Think you should name and shame them.

MoneysaverInAPickle

This is what i was thinking jones however he seems to be trying to pass it off as though the finance was on the car before he bought it, even though it was only taken out 3 months before i bought it off him. He seems to think he's insured to cover this type of thing and doesn't seem to want to know about it. Might have to go to a small claims court.

I know the finance is still active and being paid month on month to Black Horse, which probably means the car won't be HPI clear until 18 months time when payments have been made.

I could name them bingy however its only a small garage and its unlikly anyone knows the culprits.

PNPSUKNET

contact trading standards

MoneysaverInAPickle

Yeah i'll give them a go then, cheers.

jonesMUFCforever

It is still the garage's problem - the worst thing for you out of this is that you get your money back in exchange for them taking the car back.

~Brock~

MoneysaverInAPickle wrote: »

I know the finance is still active and being paid month on month to Black Horse,

How do you know this? (Genuine question)

NickX

jonesMUFCforever wrote: »

It is still the garage's problem - the worst thing for you out of this is that you get your money back in exchange for them taking the car back.

The garage is clearly a bunch of rogues and appear not to be acknowledging their obligations, however as the OP paid £1200 on a Credit Card for the car, the Card Provider becomes equally and severably liable under Section 75 of the Consumer Credit Act.

If they do not sort this problem out, I think there may be a course of action to approach the Card Provider under Section 75.

MoneysaverInAPickle

That would be the perfect senario for me Jones, however its a tricky position as the garage don't wanna know and the credit card company has been taken over.

I'm trying to sell the car anyway, which is how i found out it had outstanding finance on which the car people enquired about to find out it was still being paid month on month.

izools

If you have really tried everything you can and aren't prepared to go back to the garage quoting the law and their legal obligations, there's not a lot we can suggest other than seeking legal advice to get a solicitor to do the biz with the garage on your behalf I'm afraid