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Mis-Sold HP Agreement

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buffness
buffness Posts: 233 Forumite
Part of the Furniture 100 Posts Combo Breaker
Hello,

Please can someone help?

Approximately 10/11 years ago, I purchased a car from a local dealership under a HP agreement through Blackhorse. The car was not for me, but was purchased for a partner (now ex-partner) of mine.

When we went ahead with the agreement, the sales advisor did know full well that the car was not for me and was for my partner. He advised at the time that whoever's name was on the V5 document would reflect who owned the car, and would be liable for the debt.

A few months later, we split. And my ex partner stopped making payments. In the end, the car was taken by Blackhorse who auctioned it off and I was left to pay the debt. After trying so hard to fight my case through internal complaints and procedures, and also involving the FOS, I did not win my case. The account defaulted (but has now been removed from my credit file) but I am still left paying the debt. I still owe over £3,000 and making payments to Lowell.

At the time I complained to the FOS, the whole 'mis-selling' concept had not been introduced.

However, I now want to complain on the basis that the HP agreement was mis-sold to me. Do you still think I'd have grounds to do this, and also reclaim any monies I paid under the agreement? Long shot I know, but thought I'd ask in case anyone can help.

Thanks very much :)

Comments

  • Hanky_Panky
    Hanky_Panky Posts: 767 Forumite
    Don't waste your time.
  • buffness
    buffness Posts: 233 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    OK - I thought that may be the case.
  • ineed
    ineed Posts: 4,432 Forumite
    Ninth Anniversary Combo Breaker
    buffness wrote: »
    Hello,

    Please can someone help?

    Approximately 10/11 years ago, I purchased a car from a local dealership under a HP agreement through Blackhorse. The car was not for me, but was purchased for a partner (now ex-partner) of mine.

    When we went ahead with the agreement, the sales advisor did know full well that the car was not for me and was for my partner. He advised at the time that whoever's name was on the V5 document would reflect who owned the car, and would be liable for the debt.

    A few months later, we split. And my ex partner stopped making payments. In the end, the car was taken by Blackhorse who auctioned it off and I was left to pay the debt. After trying so hard to fight my case through internal complaints and procedures, and also involving the FOS, I did not win my case. The account defaulted (but has now been removed from my credit file) but I am still left paying the debt. I still owe over £3,000 and making payments to Lowell.

    At the time I complained to the FOS, the whole 'mis-selling' concept had not been introduced.

    However, I now want to complain on the basis that the HP agreement was mis-sold to me. Do you still think I'd have grounds to do this, and also reclaim any monies I paid under the agreement? Long shot I know, but thought I'd ask in case anyone can help.

    Thanks very much :)

    I don't think this would be classed as a mis sold loan, it was made clear to you who would own the car and who would be responsible for the debt.
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  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    You need to shame your ex-partner into coughing up what he/she morally owes.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • andyfromotley
    andyfromotley Posts: 2,038 Forumite
    The salesman was wrong on both counts. A V5 does not confer ownership it is simply the registered keeper. (legally they are not always the same thing, but often of course they are one and the same)

    You could always try i suppose but i am highly sceptical that you will get anywhere. I see loads of posts about mis selling of loans, but with the exception of the recent payday loans debacle have seen little evidence of people actually winning their cases.
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  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    I have a V5 for a brand new car, never sat in it or started it as still at the dealers under their ownership
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • David301
    David301 Posts: 234 Forumite
    Whoever applied for credit owes the money.

    There is obviously a reason you took the HP deal rather than your partner, was it a gift? was it a ill pay you back scenario? did you have a written agreement between each other?
  • Ignorance of the law is no excuse. The fact the salesman told you the wrong information is down to you. You should have checked that the information given to you was correct, not just assume it was.

    You have no case.
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  • dresdendave
    dresdendave Posts: 890 Forumite
    Part of the Furniture 500 Posts Photogenic
    I see loads of posts about mis selling of loans, but with the exception of the recent payday loans debacle have seen little evidence of people actually winning their cases.


    And even less evidence of any mis-selling in the first place.
  • 27col
    27col Posts: 6,554 Forumite
    The phrase, miss-borrowing springs to mind.
    I can afford anything that I want.
    Just so long as I don't want much.
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