selling on hpi? help!!!

andy_hardaker

a friend of mine bought a car privately 2 years ago and for some reason chose not to do a hpi check on it. suddenly the finance company are asking him to pay £18000 to clear the hpi or they will come and take the car away. the finance is not in his name so he has no intention of negotiating with them. he cant sell the car to a garage, anyone know where he stands legally?

Keith

The finance company own his car, the best thing for him to do is to hand the car back to them.

andy_hardaker

any idea how he stands legally if he does sell the car ? he paid alot of money and obviously doesnt want to lose it. thanks

balsingh

That is the whole point of the HPI check. People use it to check if cars have been written off etc or stolen recovered but the main point for the HPI check existing is to make sure cars are NOT on finance.

The general jist of it is that the finance company can now call the shots. Obviously, the last owner sold the car and then realised that once the log book is not in his name, he wouldnt be liable for the finance. As the car is in your friends name, the finance company will chase him!!

Maybe its time to talk to a solicitor!!

Dave_Brooker

andy_hardaker wrote: »

any idea how he stands legally if he does sell the car ? he paid alot of money and obviously doesnt want to lose it. thanks

It's not his car, he'd be committing fraud given that he knows it belongs to the finance co.

Keith

andy_hardaker wrote: »

any idea how he stands legally if he does sell the car ? he paid alot of money and obviously doesnt want to lose it. thanks

Can I sell your kitchen? I don't own it but I'd like to sell it.

The car belongs to the finance house, it does not belong to your "friend" or the original seller. If he sells it on, he is ripping off an innocent person.

If he doesn't want to lose it, why would he sell it on? If he really doesn't want to lose it, he'd pay the 18k the finance company want.

The best thing for him to do is to hand the car back to the finance company, it is their property. Your friend has no rights to own the vehicle.

david29dpo

......and then sue the seller. and good luck!

Hermione54

I am afraid your friend has been well and truly stuffed. Never economise by skipping the HPI check.

andy_hardaker

i used to work in finance,the finance ALWAYS remains in the name of the person who signed for it.he has since spoke to the office of fair trading and apparently according to the hire purchase act he is ' the first innocent purchaser' (means nothing to me either) but as such has no obligation to the finance company and they have even offered to start legal proceedings for him,against the finance company,if they try to recover the car. hope this helps anyone else in the same situation. :0)

Dave_Brooker

andy_hardaker wrote: »

i used to work in finance,the finance ALWAYS remains in the name of the person who signed for it.he has since spoke to the office of fair trading and apparently according to the hire purchase act he is ' the first innocent purchaser' (means nothing to me either) but as such has no obligation to the finance company and they have even offered to start legal proceedings for him,against the finance company,if they try to recover the car. hope this helps anyone else in the same situation. :0)

That seems strange, usually anyone who buys a car that is on finance loses it, otherwise there would be no point doing hpi checks...

What laws have the finance company broken that your freind could start legal procedings with??

plane_boy2000

Sounds odd to me - my understanding was that the finance was secured on the car, not the person, so if you default they could repo the car even if you no longer have it.