Gumtree refusing to list due to failed HPI check - help needed

2dareis2do

Yesterday I tried posting an advert on gumtree for a 50cc scooter and was informed via email:

Your advertisement was blocked from appearing on Gumtree because our third-party partner HPI indicated that the vehicle you are advertising is either: Stolen, Exported, Scrapped or Category A/B insurance.

Please find additional information on car insurance write-offs here: https://www.gov.uk/scrapped-and-written-off-vehicles/insurance-writeoffs

We recommend that you contact HPI directly on 0845-300-8905 should you require additional clarifications.

Actually that number they sent me no longer exists and is actually 0113 222 2006. the contact details for HPI can also be found here.

https://www.cap-hpi.com/contact/

When I contact them they tried to get me to sign up for £10. i tried to explain that Gumtree were the account holders at which point they say they can only discuss their data with Gumtree.

Trying to contact Gumtree and I was told that there is nothing they can do and I needed to contact HPI, at which point they cut me off the live-chat! I also offered to provide necessary evidence that he bike was legal including showing them the mot certificate, certificate of insurance, vehicle registration etc.

I am the registered keeper of the vehicle and pretty sure it has not been lost or stolen, exported or scrapped. It is currently taxed insured and mot'd and registered in my name. However, a few years ago someone went into the side of me, and it was dropped.  I think it was written off as a cat N (cosmetic damage, uneconomical to repair) considering the low value of the vehicle.  However, I have retained the vehicle and had no issues with taxing, mot'g or insuring it in the years since. 

How should I proceed to either:

1. Clarify why it has failed the background check?
2. If necessary get HPI to update their records?
3. Get Gumtree to ask HPI why it failed and inform me accordingly?
4. If necessary get HPI to correct any data errors, e.g. registering as cat a/b rather than n?
5. If all else fails, seek compensation for loss of earnings (not being able to sell the vehicle). Who is responsible? gumtree or HPI, or both?

Gumtres terms and conditions around this are published here:
https://gumtree.hpicheck.com/legal/termsAndConditions.html#:~:text=The%20Information%20we%20supply%20includes,1987%20to%20limit%20liability;%20or

marcia_

2dareis2do said:

Yesterday I tried posting an advert on gumtree for a 50cc scooter and was informed via email:

Your advertisement was blocked from appearing on Gumtree because our third-party partner HPI indicated that the vehicle you are advertising is either: Stolen, Exported, Scrapped or Category A/B insurance.

Please find additional information on car insurance write-offs here: https://www.gov.uk/scrapped-and-written-off-vehicles/insurance-writeoffs

We recommend that you contact HPI directly on 0845-300-8905 should you require additional clarifications.

Actually that number they sent me no longer exists and is actually 0113 222 2006. the contact details for HPI can also be found here.

https://www.cap-hpi.com/contact/

When I contact them they tried to get me to sign up for £10. i tried to explain that Gumtree were the account holders at which point they say they can only discuss their data with Gumtree.

Trying to contact Gumtree and I was told that there is nothing they can do and I needed to contact HPI, at which point they cut me off the live-chat! I also offered to provide necessary evidence that he bike was legal including showing them the mot certificate, certificate of insurance, vehicle registration etc.

I am the registered keeper of the vehicle and pretty sure it has not been lost or stolen, exported or scrapped. It is currently taxed insured and mot'd and registered in my name. However, a few years ago someone went into the side of me, and it was dropped.  I think it was written off as a cat N (cosmetic damage, uneconomical to repair) considering the low value of the vehicle.  However, I have retained the vehicle and had no issues with taxing, mot'g or insuring it in the years since. 

How should I proceed to either:

1. Clarify why it has failed the background check?
2. If necessary get HPI to update their records?
3. Get Gumtree to ask HPI why it failed and inform me accordingly?
4. If necessary get HPI to correct any data errors, e.g. registering as cat a/b rather than n?
5. If all else fails, seek compensation for loss of earnings (not being able to sell the vehicle). Who is responsible? gumtree or HPI, or both?

Gumtres terms and conditions around this are published here:
https://gumtree.hpicheck.com/legal/termsAndConditions.html#:~:text=The%20Information%20we%20supply%20includes,1987%20to%20limit%20liability;%20or

Sell it elsewhere i wouldn't be bothering with gum trees hassle

MyRealNameToo

2dareis2do said:

Yesterday I tried posting an advert on gumtree for a 50cc scooter and was informed via email:

Your advertisement was blocked from appearing on Gumtree because our third-party partner HPI indicated that the vehicle you are advertising is either: Stolen, Exported, Scrapped or Category A/B insurance.

Please find additional information on car insurance write-offs here: https://www.gov.uk/scrapped-and-written-off-vehicles/insurance-writeoffs

We recommend that you contact HPI directly on 0845-300-8905 should you require additional clarifications.

Actually that number they sent me no longer exists and is actually 0113 222 2006. the contact details for HPI can also be found here.

https://www.cap-hpi.com/contact/

When I contact them they tried to get me to sign up for £10. i tried to explain that Gumtree were the account holders at which point they say they can only discuss their data with Gumtree.

Trying to contact Gumtree and I was told that there is nothing they can do and I needed to contact HPI, at which point they cut me off the live-chat! I also offered to provide necessary evidence that he bike was legal including showing them the mot certificate, certificate of insurance, vehicle registration etc.

I am the registered keeper of the vehicle and pretty sure it has not been lost or stolen, exported or scrapped. It is currently taxed insured and mot'd and registered in my name. However, a few years ago someone went into the side of me, and it was dropped.  I think it was written off as a cat N (cosmetic damage, uneconomical to repair) considering the low value of the vehicle.  However, I have retained the vehicle and had no issues with taxing, mot'g or insuring it in the years since. 

How should I proceed to either:

1. Clarify why it has failed the background check?
2. If necessary get HPI to update their records?
3. Get Gumtree to ask HPI why it failed and inform me accordingly?
4. If necessary get HPI to correct any data errors, e.g. registering as cat a/b rather than n?
5. If all else fails, seek compensation for loss of earnings (not being able to sell the vehicle). Who is responsible? gumtree or HPI, or both?

Gumtres terms and conditions around this are published here:
https://gumtree.hpicheck.com/legal/termsAndConditions.html#:~:text=The%20Information%20we%20supply%20includes,1987%20to%20limit%20liability;%20or

Gumtree is free to decide what its not willing to allowed to be listed, its a private company not a public service, as long as they arent blocking you because of a protected characteristic (eg your sexual orientation or religion)

If they arent willing to give you more details your only option would be to pay for your own HPI check and deal with the fallout depending what it shows. 

5 is getting a bit silly... you have no claim for loss of earnings to be made against anyone. HPI just runs a db, it doesnt guarantee its accuracy. Gumtree is just responding to what's in the DB. 

Alternatively just advertise it elsewhere but you may run into issues if the buyer does a HPI check and also finds the same problem. 

2dareis2do

If they arent willing to give you more details your only option would be to pay for your own HPI check and deal with the fallout depending what it shows. 

If I get my own HPI check if it shows incorrect info how do I get HPI to correct? 

Are there any consequences to HPI giving false information? If I am out of pocket as a consequence of this false information, what liability do they have if any?

Under GDPR rules, surely  I am entitled to receive a copy of all information they have on my bike without paying a fee?

It makes more sense to me to pay a fee for a credit check on a vehicle you are purchasing. Why should I pay to obtain information for a bike that I already own?

Spoonie_Turtle

If it was written off then what exactly is false about the HPI check giving that information?

GDPR is about personal information.  A vehicle is just a vehicle, as long as it's not giving out your name as the keeper or your address for where it's registered, there is nothing personal about the information.

You are not out of pocket, you still have the vehicle, you have not lost any money.

Presumably you are planning to be upfront with that information for any buyer anyway in your listing, wherever you are able to list it, so them potentially doing their own HPI check and it telling them that wouldn't affect their decision.

2dareis2do

Spoonie_Turtle said:

If it was written off then what exactly is false about the HPI check giving that information?

There is a difference 

Cat A and B are for severely damaged cars that cannot be repaired, while Cat N is for vehicles with non-structural damage that can be repaired.

2dareis2do

Presumably you are planning to be upfront with that information for any buyer anyway in your listing, wherever you are able to list it, so them potentially doing their own HPI check and it telling them that wouldn't affect their decision.

Yes, It should show the correct category on gumtree. I have nothing to hide. Pretty sure it is a cat N.

2dareis2do

You are not out of pocket, you still have the vehicle, you have not lost any money.

As Marcia mentioned there are alternatives but I was hoping to list it on gumtree. Not being able to list it and sell it for no good reason means that I would be out of pocket. if not out of pocket, it is an unwarranted  inconvenience.

Not only that, but they are profiting from selling on inaccurate or misleading data about my vehicle.

MyRealNameToo

2dareis2do said:

If they arent willing to give you more details your only option would be to pay for your own HPI check and deal with the fallout depending what it shows. 

If I get my own HPI check if it shows incorrect info how do I get HPI to correct? 

Are there any consequences to HPI giving false information? If I am out of pocket as a consequence of this false information, what liability do they have if any?

Under GDPR rules, surely  I am entitled to receive a copy of all information they have on my bike without paying a fee?

It makes more sense to me to pay a fee for a credit check on a vehicle you are purchasing. Why should I pay to obtain information for a bike that I already own?

You dont, you get the company that loaded the information to correct it. It would be like going to a library and then complaining that one of the books has factually incorrect information in it to the library. 

GDPR applies only if you can be identified by the data, the data is on your bike not on you. It won't have your name etc associated with it. 

2dareis2do

MyRealNameToo said:

You dont, you get the company that loaded the information to correct it. It would be like going to a library and then complaining that one of the books has factually incorrect information in it to the library. 

I wonder where does HPI get their data? Is there a central database at the DVLA or something where I can check a vehicles insurance category and then ask HPI to update their systems accordingly if there is a delta? Is it reasonable to request the same data that they have sent gumtree without having to pay a fee to find this out? Is it reasonable to ask gumtree what information they have been sent?

If a book publisher and author publishes false information, surely they are liable, not the library?

MyRealNameToo

2dareis2do said:

MyRealNameToo said:

You dont, you get the company that loaded the information to correct it. It would be like going to a library and then complaining that one of the books has factually incorrect information in it to the library. 

I wonder where does HPI get their data? Is there a central database at the DVLA or something where I can check a vehicles insurance category and then ask HPI to update their systems accordingly if there is a delta? Is it reasonable to request the same data that they have sent gumtree without having to pay a fee to find this out? Is it reasonable to ask gumtree what information they have sent?

If a book publisher and author publishes false information, surely they are liable?

But not the library which is who you are going after. 

It will depend on the data point. Insurers note total losses, stolen etc into the MIAFTR database which is owned by the Motor Insurance Bureau and then passes the data onwards to the DVLA. I dont know where HPI gets its data, either directly from the MIB, from the DVLA or another source. 

You can do a dSAR request which would cover the total loss category and stolen flags by using https://www.mib.org.uk/media/471190/data-subject-access-request-miaftr-v04-1.pdf but I dont know what you will actually get back as I dont believe it will have your personal details in there to require a response but could be wrong as never actually seen the data flows. 

Exported or Scrapped would be a DSAR request to the DVLA, did do one a while back on my former car as was curious as what happened to it as gave it back when it was worth £40k or so and its never been taxed or mot'ed since nor has been marked as exported or scrapped. Did get a report from the DVLA but didnt solve my mystery