didnt know car was on finance

vaio

I though of this but was going with the idea that the OP and the finance company have a business relationship significant enough that the FOS would look at it

Looking at http://www.financial-ombudsman.org.uk/publications/pdf/intro-to-the-service.pdf it says it will accept complaints from customers and potential customers and also “someone from whom the business complained about has sought to recover payment as part of its consumer-credit debt-collecting activities.”

One of those must cover the OPs case

standupguy

I agree with Ian, the company are playing silly b's to see if you will go away.

You should phone them and say that you did purchase the car "for the consideration of an amount which equalled the value of your car and which the vender took in contra settlement and as such title did pass".

Ask them for their final response in this matter "under the FSA guidelines for complaints handling and treating customers fairly".

Tell them you expect their final response in writing within 4 weeks from the current date as this is a formal complaint which you will take to the Financial Ombudsman service if not resolved satisfactorily.

If they still play silly b's put your complaint in writing to FOS.

julies59

hi i rang the hpi people and they said to put everything in writing and send it to them and they will look at it,they are saying if billing are nottaking the car back then they should remove the marker and security watch as they would have no interest in the car.so im doing that this week and just got to wait and hope

julies59

i recieved a reply from hpi and they said they cannot do anything for us,billing wont remove the marker even though they said they wouldnt be fetching the car.
Billing said while the finance is still owed they wont remove it and keep on about because we swapped the cars and didnt do a cash sale the car still belongs to them.
This means we are not the innocent purchaser of the car.
I think we need legal advice,my husband wants to take off all that we bought on the car as it was a non runner,the fuel injectors,turbo charger and other items and give billing the car back IN THE CONDITION WE BOUGHT IT but we dont know if this is legal or not,any help please j

vaio

Have you complained to Billing and got a final decision as suggested above?

If so I'd be heading to the FOS

casper_g

julies59 wrote: »

I think we need legal advice,my husband wants to take off all that we bought on the car as it was a non runner,the fuel injectors,turbo charger and other items and give billing the car back IN THE CONDITION WE BOUGHT IT but we dont know if this is legal or not,any help please j

You shouldn't have to give them the car at all, let alone give them the benefit of all the improvements you've made to it. Follow the advice you've been given above: insist on their final response to your official complaint and if it's unsatisfactory go to the FOS.

This certainly isn't legal advice, just a random bloke on a web forum.

ilovebanksMCMLXXXI

missile wrote: »

Judas wrote: »

Where a car is sold with finance and the purchaser is innocent and knows nothing about it then the finance company have no right to reposess the car, ...QUOTE]

Is this correct?

AFIK, the finance company can repossess the car and it is buyer beware:eek:

If the finance company are still owed money they can look to repossess. It is their asset and they could want it back.

Whilst the car may have been bought innocently, it was not the previous owners to sell and therefore could be taken from the new owner.

That is why HPi checks are done prior to purchasing new vehicles

vaio

ilovebanksMCMLXXXI wrote: »

.......Whilst the car may have been bought innocently, it was not the previous owners to sell and therefore could be taken from the new owner.......

Instead of taking the thread off on a wrong tangent try googling “consumer credit act” and “innocent purchaser”

ilovebanksMCMLXXXI

vaio wrote: »

Instead of taking the thread off on a wrong tangent try googling “consumer credit act” and “innocent purchaser”

What? My post clearly says "could" be repossessed and that is the case.

Forget 'googling', I work in and around the Credit Consumer Act of a daily basis. My company issues agreements and deals with endless repossessions.

I love a bit of Google - who doesn't - but I also understand the law and if that car has outstanding finance it "could" be repossessed and that is fact.

vaio

Maybe you could explain under what circumstances an innocent private purchaser "could" have the car lawfully repossessed by a finance company?