Hi all, hoping someone will have experienced something similar to I am going through at the mo.
Basically bought a car from a main dealer (not LR but not far from them....) in June that I had assumed had been a trade in.
Anyway being nearly new and a prestigious brand dealer I bought in cash having seen their hpi report.

Today looking at trading in against brand new car from another dealer and this dealer tells me there is outstanding finance on the car based on his Experian hpi report. I call the original seller who says that this is correct but that the flag was only applied some time after they did their hpi report. The car was in fact bought through BCA who also pronounced it clear of finance.

The original dealer is saying he is trying to sort it out so that the hpi gets cleared.

I guess my point is that:
1. This could take ages
2. They shouldn't legally have sold me a car that had outstanding finance
3. I bought in good faith and as such am protected from repossession etc but is this really the case?

Anyway am tempted to ask the vendor dealership to buy it back from me so its there problem not mine.
Anyone have any tips or previous experience?

PS Please don't say I should have had an hpi check done as probably like most of us I didn't realise that an hpi report could change after I had bought the car and I saw and actually have a copy of the original hpi report saying it was clear.

I guess it's possible, but sounds odd - it would mean that someone took out the finance close to selling the car - there could possibly be a delay in Experian processing that fact.

You may be able to get more info from Experian about when the flag was added, but unlikely that will be free.... but it sounds like your issue is with Experian rather than the dealer - all they really told you was that Experian had no record of finance, so, assuming the flag was set at some point later, they didn't really do anything wrong.

Yeah fair point.
I guess I may pay and get my own report done. Then call Experian myself.
What I don't know at the moment without finding the original report is how long it was done before I bought the car. I am guessing they did it when they bought it and it may have sat at dealership for a few months.

Similar to mine. My finance is clear as it was paid off a while ago, however it still flags up as on finance from the previous owner. That is because I put my plate on it. HPI now go off chassis number and trace every owners history. I can see this will cause a lot of headaches, as not all credit reference agecies share the same info. Also not every credit lender shares the info with all Credit agencies. Minefield  Tony
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So did you manage to get written confirmation from someone saying that it has nothing owing on it?
I am thinking that VW finance (who the agreement was apparently with) wont speak to me and I don't suppose they will speak to the dealership who sold it to me?
This is a pain and am worried that VW turn up to remove it at some point as the hpi report has changed!

I didn't know dealers (new or used) could sell a vehicle that didn't have a clear financial bill of health. That's the reason most 2nd hand buyers prefer a dealer over a private sale. I think some legal advice would be in order.

I reckon that you could be entitled to a full refund from the Dealer that you brought the car from... as it wasn't theirs to sell, they have sold it misleading you about it's finance status... I would have a word with a lawyer, they'll be falling over themselves for that job

A company that I worked for leased 2 Lexus 470's (landcruiser in disguise ), when it came the end of the lease one of the cars blew it's engine up sorry, happy days, It went off for a new lump and it transpired that it was nicked They had been nicked from Japan 3 years earlier and ringed in the middle East before coming to these shores, where the mob I worked for brought them on finance.. it was only when the engine number was entered in to Toyota's system that all hell broke loose.. Think they might have been nicked direct from factory

Anyhow after a few months of lawyers the company that I worked for got all their money back... everything.. and the cars went back to Japan.. complete with 70K+ on the clock and one dud engine... As far as I know the finance company are the ones who lost out, as they were the ones selling them to my old company.... Yesterday I couldn't spell Engineer... Today I are one!
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Under DPA I believe any company that keeps data on you or something you own is meant to the best of their abilities ensure that data is accurate. If it is incorrect then as long as you provide the correct information they should correct it.
I'd contact Experian and say you wish to dispute that it's in finance. You can obviously provide a copy of the sales invoice or bill of sale stating cash. If they whinge they need to provide the name of the company that says it's on finance and then you can go at them directly. FFRR MY06 facelift With TDV8 Alloys Zeros/ATR's
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Do a check direct with HPI https://hpicheck.com/?gclid=CKGkn5zfk9ACFQ4R0wodzhICqw

OK been out of this for a long time so excuse me for a poor memory. The consumer credit act gives you good title, I also seem to remember that you can demand your money back from the selling dealer. I would walk in to the selling dealer, demand to talk to the DP and demand your money back, you wont get it but they will sort the outstanding paperwork PDQ. letters not necessarily in the right order

Stand up for your rights, demand a refund in full! the worst that will happen is they will sort out the credit status on the car... but you could end up with free car hire for a few months...... This is the Dealers and BCA's problem not yours... if it was under £30k then you could just go to the courts.... But that is a bit of hassle the threat of it should be enough... And I wouldn't play Mr Nice Guy... the finance could repossess the car without warning.... Get a full refund and give the headache back to the Dealer  Yesterday I couldn't spell Engineer... Today I are one!
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^

Gazellio @ Prestige Cars wrote:

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

miggit wrote:

Stand up for your rights, demand a refund in full! the worst that will happen is they will sort out the credit status on the car... but you could end up with free car hire for a few months...... This is the Dealers and BCA's problem not yours... if it was under £30k then you could just go to the courts.... But that is a bit of hassle the threat of it should be enough... And I wouldn't play Mr Nice Guy... the finance could repossess the car without warning.... Get a full refund and give the headache back to the Dealer

That's irrelevant, you brought the car from the dealer who said it was HPI clear... which it has turned out not to be.. therefore the dealer made a false statement and broken the contract between you and himself, as it was not legally his to sell... it was the finance companies. While it's not the dealers fault either as he has fallen fowl with BCA, it is his problem to sort out, not yours.

He has sold you some thing that he own... that is far from legal.. as I said if it's less than £30K then small claims court, citizens advice will be able to guide you. If it's over £30K then it will have to be a solicitor and then we start to add compensation for stress suffered, legal expenses... Either way if you convince the dealer that you will go through with it, they will cough up as there is not court in this land that will rule against you. You really are the innocent party left holding the financial time bomb... you are with in your rights under the consumer goods act to demand a refund in full... Ask the CAB, it will be the easiest case they deal with  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!