In his original post the OP says that he saw a copy of the HPI report which was clear. Presumably that was at the dealers and was also the information the dealer had. If that was the case saying that the dealer made a false statement would not hold up.

In view of the information that has subsequently come forward the dealer should accept that the vehicle was sold in error and should recompense the OP or, at the very least, ensure that the HPI report is corrected. John
2008 Stornoway Grey 3.6 Tdv8 Vogue
2005 TD6 Java Black Vogue - Written off!!
GAP iiD BT
2003 Discovery TD5 Auto, Nanocom Evolution - gone to a new home!
MasseyFerguson 152 - No electronics!! - Sold

I agree with that, it's not the dealers fault, but he is in the wrong... and in the eyes of the law he has not a leg to stand on... equally BCA who sold the car to the dealer are also in the same boat.. so he can go back to them. At the end of the day the main fact is the OP was sold a pup and is entitled under law to a full refund.  Yesterday I couldn't spell Engineer... Today I are one!
Inventor of the 'Guide-o-Matic automatic wheel alignment tool'
Former long term L322 owner, Up/Down graded to a Classic Tractor!

tomthevet wrote:

Gazellio @ Prestige Cars wrote:

Do a check direct with HPI https://hpicheck.com/?gclid=CKGkn5zfk9ACFQ4R0wodzhICqw

I did the Experian Autocheck which says yes outstanding finance but not when it started.

I have spoken to VW who confirm the interest in the car reg and chassis no. Surely that confirms that Exprian report was right?

I guess the point is that the hpi that was clear was from March and I bought the car in June. At some point between March and now VW claimed an interest in the car. What I cant in any way find out is when this happened.

I wonder if anyone knows if it is possible to get finance on a car registered to someone else ie the hpi report says I became the 2nd owner on 10/6/16 which is presumably when the logbook was changed to me. If its impossible to do then I must assume the previous owner got finance between selling the car via the auction and it coming to me as the dealer didn't change ownership on V5 as they wanted to sell it as a one owner car.

T

surely this means any dealer can if they wanted to finance cars and leave the buyer with a pup I always hpi all cars I buy but question is now how upto date is the info when you hpi yourself ??

Simple, punter pays March payment then flogs it at auction, dealer buys and then you buy before the next payment is defaulted.. at which point all the alarms go off and your left holding the hot potato

Just tell the dealer to take it back or the Boys will be round

I get the feeling that the dealer is trying very hard not to give you your money back, and they are making lots of excuses.. A simple "I've had enough, refund or the courts?" should get results  Yesterday I couldn't spell Engineer... Today I are one!
Inventor of the 'Guide-o-Matic automatic wheel alignment tool'
Former long term L322 owner, Up/Down graded to a Classic Tractor!

Yes I think you're probably right.
My partner is a lawyer in a big firm so am giving the dealer til Friday to sort with VW and if not will be communicating via lawyer to get refund and if not will b court case including stress, costs etc.

miggit wrote:

Simple, punter pays March payment then flogs it at auction, dealer buys and then you buy before the next payment is defaulted.. at which point all the alarms go off and your left holding the hot potato

Just tell the dealer to take it back or the Boys will be round

I get the feeling that the dealer is trying very hard not to give you your money back, and they are making lots of excuses.. A simple "I've had enough, refund or the courts?" should get results

mmm this is not good going to think twice now about ever buying a second hand car for sure

Oh Dear, I sort of feel for the dealer.. not only are they on the wrong side of the law, but you sort of have unlimited legal advice... they really don't stand a chance

I think it's importaint to remember that it's not up to you to find out how this happened... that is the dealers headache. The car simply has to go back up the chain until it gets back to the original seller who sold it with outstanding finance..BCA and who ever supplied the finance check.. Unfortunatly for the dealer you have things like the Consumer Rights Act to fall back on... but then there is no reason why he can't use these either  Yesterday I couldn't spell Engineer... Today I are one!
Inventor of the 'Guide-o-Matic automatic wheel alignment tool'
Former long term L322 owner, Up/Down graded to a Classic Tractor!

Gazellio @ Prestige Cars wrote:

tomthevet wrote:

Gazellio @ Prestige Cars wrote:

Do a check direct with HPI https://hpicheck.com/?gclid=CKGkn5zfk9ACFQ4R0wodzhICqw

I did the Experian Autocheck which says yes outstanding finance but not when it started.

I would do a check on HPI as experian can get it wrong for other I suggest always using HPI.

Reading this thread reminded me of a situation with a dealer I kind of knew a few years back who was caught out by hpi checks on cars he'd sold (I'm sure many from South Cumbira will be aware of him ).

His lavish lifestyle was bleeding his business dry and he took to taking out finance in bogus names on cars he'd sold to cash buyers (between doing the deal and delivering the car). The purchasers hpi checks came back good at the time but when they went to trade up at another dealer the problem came to light.

Not all dealers are squeaky clean - no matter how nice they seem. Back in a Defender!!

So out of interest this is sorted in that having taken legal advice (partner is a lawyer) and knowing more about the Consumer Rights Act than the dealership they are taking back the car and swapping for a nearly new Tiguan of very similar value.
All good hopefully.
Cheers for all the help from everyone
T

Tiguan!!!  ______________________________
Simon
______________________________

Range Rover Classic 3.5 efi - Gone
Range Rover Classic 3.9 efi - Gone
Range Rover Classic 4.2 LSE - Sadly gone
Land Rover 110 3.5 - Gone
Range Rover P38a 4.0 SE - Pleased it's gone
Range Rover P38a 2.5 DHSE - Just sold
Range Rover L322 4.4 v8 Petrol - Current

Think I'd have taken the money and ran...... I hope this one has been HPI checked  Yesterday I couldn't spell Engineer... Today I are one!
Inventor of the 'Guide-o-Matic automatic wheel alignment tool'
Former long term L322 owner, Up/Down graded to a Classic Tractor!