jasonc/123 Posted February 4, 2011 Report Share Posted February 4, 2011 Hi GuysI brought the car 5 mths ago from a garage - checked all the paper work etc was told all ok by the salesman. Need to get a 7 seater so i looked at selling the sti buying a cheap 7 seater and a clean cheap classic. Anyway the car sold this week all good , got a good price everyone was happy. Tuesday the guy rings me and says "there is an outstanding finance marker on the car mate" ! He emails me the hpi report and there it is - santander personal finance dating from 2009. I rang santander and they confirm they have no financial interest in the car as long as the loan is paid off (its not secured against the car). The guy has asked for his deposit back which i have given him. I rang trading standards who tell me the garage is at fault as the car was mis sold. I rang the garage they say we can get the marker taken off, something santander say cannot happen until the loan is paid off (5 yr finance) rang trading standards again to be told this time Tough basically it was not mis sold as the hpi check they did showed the finance as paid off !! The garage did not tell me this when i brought the car or when i rang. So essentially im £000s out of pocket with a car no one will buy and im being told its my fault !!! This cannot be right surely ?Any advice very much needed thanks Link to comment Share on other sites More sharing options...
Agentsjj Posted February 4, 2011 Report Share Posted February 4, 2011 Surely HPi at at fault if a search was done by the garage and came back clear, now they are telling someone it has outstanding finance, they must have some form of compensation scheme, could try your local Citizens Advice for help as I'm sure this will have happened before.I'm not sure how the law stands with you claiming against the garage, because they have 'taken all reasonable steps' and carried out 'due dillegence' by getting a report commissioned in the first place, in the eyes of Trading Standards that is their get out of jail free card. On the other hand, if the report was incorrect then do you claim against them and they counter claim against HPi as they had the report done. Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 4, 2011 Author Report Share Posted February 4, 2011 The garage told me it was hpi clear, then when i rang them they said oh yeah im looking at it now. I appreciate the markers can some times come late but nearly 2 years late is impossible so it must have been there. The sales guy said its there but we believed it to be clear - thats not due diligence they should of checked or made me aware there may have been an issue and i would of walked away - sale lost. All hpi checks carry a footprint so i can get an original and compare it to theirs but i know what its going to say.Wouldnt mind but its not a backstreet garage they got 20+ years experience and were selling 75k astons, new rs focus and a uk300 when i went plus 30 odd cars on their pitch. Link to comment Share on other sites More sharing options...
gwr northants Posted February 5, 2011 Report Share Posted February 5, 2011 i worked in the car trade for five years mate ok not loads a time, but long enough , im sure one of the regulars on here will know a lot more than me , scratch i think ???? not sure but he,s been in the trade years (come on mods or any one whoknows who it is ???) this is the bit i cant understand fella santander personal finance dating from 2009. I rang santander and they confirm they have no financial interest in the car as long as the loan is paid off (its not secured against the car).it isnt secured against the car ???? so why is it showing now on the hpi ???? you need that in writing mate , as it contradicts itself ??? AS LONG AS THE LOAN IS PAID OFF ????? (ITS NOT SECURED AGAINST THE CAR )thats the bit that gets me ??? not secured against the car .so why is it on the hit list ???? i dont know mate that aint right to me , either they gave a loan for a car any car , etc,,, the loan is given in the person,s credit rating score etc etc its an open loan no security etc, etc, they would put on there that it was for a car that is it !!! you normally dont have to give details of the specific vehicle in question , eg you get a loan on a new kitchen , they dont care who you buy it off its a new kitchen ???? dig a little deeper fella as its all pete tong to me , hope you get it sorted out fella !!!! Link to comment Share on other sites More sharing options...
chrisp77 Posted February 5, 2011 Report Share Posted February 5, 2011 i was thinkng the same Gaz.could the car be listed as an asset on another loan? Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 5, 2011 Author Report Share Posted February 5, 2011 Been back to the garage today and the guy offered to buy the car back (less 2k !) but he said wednesday he had no intention of buying the car back as he had too much stock, he also says he can remove the marker I know he cant. As I understand the finance was arranged through a garage to finance the car so was car specific but classed as a personal loan - either way its on there for another 3 years. Spoke to another dealer today who said the garage dont have a leg to stand on and demand a full refund or go to court. So monday im back to the garage again and speaking to his boss this time. It cannot be my fault and im damn sure im not taking a 2k loss in 5 mths. Link to comment Share on other sites More sharing options...
chrisp77 Posted February 5, 2011 Report Share Posted February 5, 2011 good idea to go back there, and remember name & shame them if neededi'm sure the local paper would like to know of this if you don't get any joy Link to comment Share on other sites More sharing options...
gwr northants Posted February 5, 2011 Report Share Posted February 5, 2011 jase u have a point fella go in there diplomatic and just tell them this , A i want a full refund on said vehicle , or B i ring local papers radio etc,, and will go to court as your a working man family etc,, trying to do ya best then getting took like this from a reputable garage etc etc etc you could demand compensation for lack of sleep , etc,, etc,, etc,, some do mate , !!! either way it seriosly dont sound right to me , threaten them with trading standards etc,, etc,, if they get shirty , lets b e honest you dont need the aggro niether do they , Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 5, 2011 Author Report Share Posted February 5, 2011 Fully intended to be fair but firm today but he threw me off gaurd by offering to buy the car right away, so he has got to be a bit worried i would of thought.Ill try on monday but im pi55ed to say the least. Link to comment Share on other sites More sharing options...
scatty Posted February 5, 2011 Report Share Posted February 5, 2011 gotta be the garage fault.....put some pressure on them.id be contacting citizens advice a swell..... Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 5, 2011 Author Report Share Posted February 5, 2011 contacted trading standards got 2 different opinions1 - its the garages fault i was mis sold goods under the supply of goods act 1979 ie. was told car was hpi clear and was not/could not have been clear at the time, still in 6 mths and therefore full refund.phoned the next day2 - was told tough its my fault i should of checked, the fact that it has outstanding finance is not a "fault" and if i decide to go down that route it is up to a judge to decide but " I MUST STOP USING THE CAR IMMEDIATLY" wtf its my only car.CAB helpline takes you straight to trading standards as its a purchase of goods queryso please people can someone tell me what to do !! Link to comment Share on other sites More sharing options...
scatty Posted February 5, 2011 Report Share Posted February 5, 2011 i would say you were mislead...the car was not hpi cleared..FACT...therefore prove it wasnt cleared the day you bought the car, which is already the case.. did the garage do the check for you.....if they did, then its there fault...and i cant see it being your fault..if it was you who were supposed to do the check, then thats your fault... Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 6, 2011 Author Report Share Posted February 6, 2011 The garage have a copy of an hpi report and stated that it was hpi clear at the time of sale. I find it interesting that the salesman is now backtracking by saying he would buy the car back. Dont know if its worth pushing for more money or a full refund as this might involve the courts and a long wait. Ill go see his boss monday and get a copy of their hpi report and go from there, but it all seems to pointing to them being at fault and not me. Link to comment Share on other sites More sharing options...
jasonc/123 Posted February 7, 2011 Author Report Share Posted February 7, 2011 Spoke to a solicitor saturday and he is saying clear case of mis representation 3 options1 - take the 8500 the dealer offered me and sue for the rest2 - Full refund, if the dealer refuses take it to court and that could take mths3 - negotiate a resonable depreciation rate and go from there, they take the car back its their problem to sort out.Rang the garage today told them in no uncertain terms im not taking such a big loss after just 5 mths. He said we can sort out the hpi marker but need to talk to previous owner & garage he brought it from etc. I stated no way my contract is with you.So just waiting for a phone call back.Ill open the 3 options for thoughts from people on here with more experience than me, any thoughts welcome.Cheers people Link to comment Share on other sites More sharing options...
gagesdad Posted February 9, 2011 Report Share Posted February 9, 2011 Threaten them with court action to recover the full cost of the car including costs, expenses etc.Write to them by recorded delivery letter giving them five working days to respond. If you here nothingback take them to court.You will win. This is a case of misleading you.The previous owner should have informed the bank that he has sold the car if the loan is secured on it.If he hasn't then he has committed fraud.The moral to this story is always HPI the car at your own expense. You are covered then by theirinsurance. Link to comment Share on other sites More sharing options...
Scratch Posted February 10, 2011 Report Share Posted February 10, 2011 Sorry not me, I'm not in the motor trade.BUt have to agree, if it's not secured against the car what does it matter that there is outstanding finance ?I don't see at all how this could even vaguely be your fault.The car was misrepresented to you when sold, If the HPI was not clear and they sold it with clear HPI, then they should either clear the issue, or take the car back and give you a full refund surely, or offer you some other financially acceptable (to you) alternative ? i.e one of theose Astons you mentioned Link to comment Share on other sites More sharing options...
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