Sold a car from Carcraft that has been clocked

Flyboy152

neilmcl wrote: »

Unfortunately the OP hasn't stated on way or the other. Maybe he should check his original documentation to see. As you say if Carcraft do indeed force the buyer to have an HPI done then surely the OP should have this.

But this is a perennial issue with Carcraft and others of their ilk. They point blank refuse to hand it over, citing that the certificate belongs to them. Which kind of makes one wonder whether they do actually carry out the checks they say they do.

neilmcl

sabz3008 wrote: »

His documentation would say that they've carried out a HPI check, and a mechanical inspection.... Unless the OP has used RAC/AA to inspect the vehicle, everything is on Car Craft tbh.

I'm not disagreeing with you. As you can see from my post (#50), if Carcraft carried out an HPI on behalf of the buyer, at the time of the sale then yes they have to pass this on to him, after all it's his HPI check and if it showed something that would influence the sale then he had a duty to see it.

sabz3008

neilmcl wrote: »

I'm not disagreeing with you. As you can see from my post (#50), if Carcraft carried out an HPI on behalf of the buyer, at the time of the sale then yes they have to pass this on to him, after all it's his HPI check and if it showed something that would influence the sale then he had a duty to see it.

In which case, if they don't hand it over to him, and can't demonstrate that they've carried out the HPI check...Then car craft will have no case if the OP wants to take this further ... Result :T

Flyboy152

sabz3008 wrote: »

In which case, if they don't hand it over to him, and can't demonstrate that they've carried out the HPI check...Then car craft will have no case if the OP wants to take this further ... Result :T

Not exactly. They have to demonstrate that they informed the OP that they were aware of the discrepancy and that they and the buyer, were satisfied that the car had not been clocked.

I have absolutely no doubt that the differences in mileages are a genuine, but stupid mistake, by another inputter (perhaps a lease company or insurer), but the subsequent failings of the dealership, in handling this incident, could cost them dearly.

william1974

I received no documentation regarding HPI checks whatsoever.

easyhost

sabz3008 wrote: »

The OP might settle the finance with the money they receive for the car.

regardless as the car belongs to the finance company until it is fully paid, he is not allowed to advertise it for sale as it is not his property to sell.
at the TIME of SALE the car belongs to the finance company and not him, so it is not his property to sell, even if he uses what he gets in the sale to pay off the finance. the finance company can still take action against him for selling the vehicle.

william1974

I have not sold the car, i was in the process of seeing about doing it when the HPI check was done. The finance company stated I COULD sell the car, as it is not on hp it is a fixed term loan.

Flyboy152

easyhost wrote: »

regardless as the car belongs to the finance company until it is fully paid, he is not allowed to advertise it for sale as it is not his property to sell.

Rubbish. What law or conditon says he can't?

at the TIME of SALE the car belongs to the finance company and not him, so it is not his property to sell, even if he uses what he gets in the sale to pay off the finance. the finance company can still take action against him for selling the vehicle.

There has never ever been a case of a finance compnay prosecuting someone for paying off the debt with the proceeds of a sale of a car. It happens a thousand times a day.

Flyboy152

william1974 wrote: »

I have not sold the car, i was in the process of seeing about doing it when the HPI check was done. The finance company stated I COULD sell the car, as it is not on hp it is a fixed term loan.

Aah, this might change things when trying to make a section seventy-five claim. This is a typical trick with car warehouses and the like. They sell you personal loan, in order to buy the car, because their commission is greater than they get for hire purchase agreements. The trouble is, the loan is not secured against the car and all you are doing is borrowing money. The loan is paid to you, you then buy he car. You are not using a finance product to directly buy the car. Did you use a credit card at any time during the process?

neilmcl

william1974 wrote: »

I received no documentation regarding HPI checks whatsoever.

Do you know for sure that they would have done an HPI check at the time of the original sale. I know what they say they do now but their policy may have been different when you purchased the car in that they only did an HPI check if you requested and paid extra as part of the sale. I know when my brother bought a car from one of these supermarkets a few years back he had to pay extra for the HPI.