didnt know car was on finance

julies59

i sent off a letter to billing finance asking them again to take the marker off the hpi i gave them 14 days to reply,the 114 days are now up whats the next step please,

vaio

I'd say an official complaint, this will force them to deal with it finally within a set time limit, if they don't or you disagree with what they decide then you can refer to FOS

sassy_one

forgotmyname wrote: »

Police interceptors proved that not to be the case the other night.

Watching it a car was reported stolen by the finanace company, The seller had failed to keep up
payments on the vehicle.

Police took the car away. I was thinking that cannot be right from what i have read on here.

Only thing that may affect it, Mobility car was mentioned.

Think you've been watching to many drama programs and believing to much that you watch/hear.

Watch less television, it is correct!

sassy_one

julies59 wrote: »

i sent off a letter to billing finance asking them again to take the marker off the hpi i gave them 14 days to reply,the 114 days are now up whats the next step please,

OP, in all fairness, you should have carried out an HPI check against the car before going a head and buying it.

By not doing that, in some light, you are partly to blame for buying a car that has not been fully paid for.

I can only say, that you will have a fight on your hands to get the marker removed and, in real time, when people start looking into it they may ask why you didn't carry out an HPI check against the car before buying it.

For £20-£40 for a FULL HPI check is it really worth losing your cash and the car??

standupguy

sassy-one wrote: »

OP, in all fairness, you should have carried out an HPI check against the car before going a head and buying it.

By not doing that, in some light, you are partly to blame for buying a car that has not been fully paid for.

I can only say, that you will have a fight on your hands to get the marker removed and, in real time, when people start looking into it they may ask why you didn't carry out an HPI check against the car before buying it.

For £20-£40 for a FULL HPI check is it really worth losing your cash and the car??

Whilst getting a hpi check is a wise precaution (for those in the know) it is not compulsory and many people do not know about this.

Also, not all finance companies register the asset with HPI - they do not have to, it is not compulsory for them and if they do not register it does not mean that they are not the official owner still having full title.

The op in this case, having written the complaint and not had an acknowledgement should now phone the Finance company and ask to speak to the person who deals with formal complaints prior to the complaint being sent to the Financial Ombudsman service (FOS)

You will need to find out if they have received your letter of complaint and if so on what date.

Assuming they have it, they have 5 days after the date of receipt to write and acknowledge your complaint - ask them why they have not followed "the FSA guidance for complaints handling and treating customers fairly"

Ask them to write to acknowledge your complaint and tell them you are aware they now have 4 weeks since receipt of your letter to offer a satisfactory solution.

tell them you are aware if a solution cannot be reached within the fsa guidelines on timeframes then you will take the matter to FOS.

If you take the matter to FOS it will cost you nothing but it will cost the Finance company as that is how the FOS is funded.

sassy_one

standupguy wrote: »

Whilst getting a hpi check is a wise precaution (for those in the know) it is not compulsory and many people do not know about this.

Also, not all finance companies register the asset with HPI - they do not have to, it is not compulsory for them and if they do not register it does not mean that they are not the official owner still having full title.

The op in this case, having written the complaint and not had an acknowledgement should now phone the Finance company and ask to speak to the person who deals with formal complaints prior to the complaint being sent to the Financial Ombudsman service (FOS)

You will need to find out if they have received your letter of complaint and if so on what date.

Assuming they have it, they have 5 days after the date of receipt to write and acknowledge your complaint - ask them why they have not followed "the FSA guidance for complaints handling and treating customers fairly"

Ask them to write to acknowledge your complaint and tell them you are aware they now have 4 weeks since receipt of your letter to offer a satisfactory solution.

tell them you are aware if a solution cannot be reached within the fsa guidelines on timeframes then you will take the matter to FOS.

If you take the matter to FOS it will cost you nothing but it will cost the Finance company as that is how the FOS is funded.

I know not many people know about HPI checks etc, however by doing one of the better checks, you are covered should the case such as the OP comes about, offering protection on the price of the car, the value covered depends on which HPI check you choose to use but this is the case, even as you state, it's not shown as outstanding on the report when it is carried out!

julies59

hi iv had a reply back from billing finance today,they said that as i did not purchase the car but swapped it then an exchange cannot constitute a purchase so we cannot be an innocent purchaser and rely on the statutory provisions in place to protect the purchaser of vehicles with outstanding finance,so this being the case title to the vehicle does not pass on to us and still belongs to billing finance and so on that basis they will not remove there interest in the vehicle or take the marker off,i thought a sale is a sale but not so,any ideas thanks

Ian_W

TBH I think the finance co are playing silly burgers. I'm no lawyer but to "purchase" something (goods or services) you enter into a contract with someone else. One of the elements of a contract is "consideration" which basically means each party must give something of value to the other. The fact that it isn't money is'nt really relevant. You gave your old car (which had a value) in exchange for their car (which also had a value), so as far as I can see you purchased the car from the other party. Subsequently, I assume, you have acted as the owner in repairing the car, taxing and insuring it etc.

Read the posts from standupguy and vaio. They are your best course of action I would have thought. Official complaint in writing to the co in writing if they still won't budge then complain to the FOS. Only one word of caution though, as you're not a customer of the finance co I'm not sure if the FOS will have juristriction to deal with your complaint but worth a try I would have thought.

Also, have you complained to HPI? That might be another avenue to go down at the same time, also in writing.

sassy_one

julies59 wrote: »

hi iv had a reply back from billing finance today,they said that as i did not purchase the car but swapped it then an exchange cannot constitute a purchase so we cannot be an innocent purchaser and rely on the statutory provisions in place to protect the purchaser of vehicles with outstanding finance,so this being the case title to the vehicle does not pass on to us and still belongs to billing finance and so on that basis they will not remove there interest in the vehicle or take the marker off,i thought a sale is a sale but not so,any ideas thanks

Do you have an invoice or similar for the car?

If so, photocopy it, along with a letter to them and request they re consider there reply to you.

Failing which, contact the FOS

dacouch

vaio wrote: »

I'd say an official complaint, this will force them to deal with it finally within a set time limit, if they don't or you disagree with what they decide then you can refer to FOS

The Ombudsman will not normally accept a complaint if you are not the customer of the financial company you are complaining about. (They sometimes make an exception but it is fairly rare)