Bought car still under hire purchase without knowing

edu115

Hi all,

So, first of all, sorry to bring this up as a "first post". I've been a long "lurker" of this forum, but I guess bad stuff has to happen to make me start posting.
Also, English is not my first language, so excuse me for any errors.

In October of last year my brother in law saw a car on Gumtree, approached the seller (a car dealership) to check if the car was still available, and after getting a positive response, agreed to check the car at the dealership. After a test-drive and negotiating with them, he agreed to a price, but first did a car check on totalcarcheck, which didn't mention any issues.
So, he bought the car on the same day, signing the Declaration of Buyer and Seller (not sure if this is the right translation) from the dealership, with a 3 month gearbox and engine warranty) and paying in cash.

Fast forward to today, and he's desperate, as he received a letter from a financial institution called Black Horse demanding the return of the vehicle or an absurd amount of money (more than what he paid for the car), because apparently the "vehicle is subject to an undischarged hire purchase agreement with Black Horse Finance".
To make matters worse, he had already received a letter in December from that same institution asking for extra details about his purchase, but he dismissed it, thinking it was some sort of scam.

Take into account that they've been in the UK for about 14 months, so they don't really know the bank names and stuff like that. Also, it's extra difficult for them to know what to do and where to go.


So now, the question is, what should he do? Should he just explain everything to Black Horse and hope for the best, or should he first go to the dealership? Should he hire a lawyer for this? We're talking about a sub-4000 pounds car, so the cost of a lawyer might be too high.

Thanks in advance!

greenface

Does total car check .check for HP ? Would the dealership be able to sell a car with outstanding HP . ? You need some free advice if no one comes here please try the citizens advice . also your English is fine good luck

Spicy_McHaggis

I'd go back and speak to the dealer.

edu115

greenface wrote: »

Does total car check .check for HP ?

These are the different things checked. i.imgur.com/13uLc8I.png (can't post urls here, please copy and paste)

forgotmyname

ALWAYS do a proper HPI check. HPI, RAC, AA..

Bought from a dealer its probably just a missed update to clear it.

Typhoon2000

Some advice from Citizens Advice
http://www.adviceguide.org.uk/scotland/consumer_s/consumer_cars_and_other_vehicles_e/consumer_problems_with_the_car_you_bought_e/consumer_the_vehicle_you_bought_doesnt_match_its_description_e/the_vehicle_is_still_on_hire_purchase.htm

brightonman123

Would it be down to the dealer, to check / pay off the finance? might need to report to police, could be doing it on others..




OP has bought in good faith, from a dealer, not sure if finance co can go after them now..

cootuk

If bought from a genuine dealer rather than back street trader, then the dealer has to sell free of finance. Go see the dealer then communicate with the finance company over your purchase.

thenudeone

Go back to dealer and ask them top sort it out pronto.

They appear to have sold a car they didn't have the right to.
They are the "experts" and supposed to check everything thoroughly.
I wouldn't play nicey nicey in this situation.

colino

First class BS. One thing HP companies don't do is allow a trader to HP a car that is already on the drip.

Marktheshark

They usually give you 7 days and then put out a repo contract on the car.