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flub1976

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  1. Hi Just a quick note that we recently saw a car that appeared to have been tampered with whilst parked up at glastonbury festival. The car made it to birmingham before the engine gave way due to the sump plug coming out. There are gouges in the sump plug in the area of the sump plug and the oil level was checked prior to leaving for the festival. Further more the customer would have noticed the oil as it was all oveer the car had it been leaking prior to the trip. The customers insurance company is trying to say that the vehicle was leaking oil hence the fault but this is untrue. I wondered if anyone else out there had had any vehicles in with similare problems from the festival as I am sure if one has been messed with then others must have been too.
  2. He is entitled to assess the condition of the vehicle. He will be able to claim some useage of vehicle by yourself. You will also be able to claim costs as he has made you incur them to ensure your rights. Make sure you get something in writing from previous owner. you circumstance is quite complicated makes sure you have everything down in writing including dates cost etc.
  3. Send them the letter recorded just write want you want to say. I would also enclose a cheque for the arrears (make sure it doesnt bounce) and a request for a new Direct debit.
  4. Standard HP paid more than a third then they need a curt order. As long as it wasnt a large amount i.e over 25k depending on date etc. they cant repo without your consent or a court order. I would call them or BOS and make an arrangement as you intend to settle. You might get extra charges which are a hassle and can probbably be avoided if you just call them and make an arrangmeent. I wouldnt bother hiding the car if they repod without a court order or consent then you would be entitled to damages of all the money paid under the agreement.
  5. This guy has taken my advice, read up on the relevant act and probably learnt more than you seem to know and you say my info is poor. lets check experiance here. Whats yours? Ive spent 15 years working for car finance companies including a legal department for a national HP company sending out letters like those above to try and get these cars back.
  6. Happy you bought the car in good faith as an innocent purchaser. Under the HP act 1964 it is now yours. Do not let them take it and if your are not comfortable ring a solicitor and get them involved. Beleive me you have no need to pay them anything or give them the car back see the following thread on here as well. http://www.consumeractiongroup.co.uk/forum/vehicle-repossessions/265444-bought-car-hp-still.html#post3013103 further more do not give them the car then claim from HPI as you will be wasting your time.
  7. If they impacting your credit rating then I would suggest a data subject access request to get all the information about this from them. This should get you all details about what they got for the car how quick they sold it and what they hold in terms of inspection etc. Then you can review that and get a repsonse of to them. The chances are that you are not really getting hassled because its sitting somewhere and they just fir off a letter every 6 motnhs to show that they looking at it still. There is little else you can do other than a) wait for them to sue you or start actually trying to chase you and hence will maybe start speaking to you. b) bring action against them in county court if you can show that they are impacting your credit rating or that they are hassling you for a debt you dont owe and want them to force an aknowwlegdement of no debt either way is hard and you might be better to just ingnore them until it happends. First step would be to sign up for the 1 month free trial of credit expert and find out what they are showing against you.
  8. Doing or not doing an HPI does not make any difference. You are a private person who did not even by your own admission know that you needed to get a hpi done at the time of doing this deal to get a car. You didnt pay £250 for the car you swapped your car and £250 for it and that part exchange is still value. All I would add to the letter is that following advise you have been made aware of the hire purchase act etc. You need to make very clear that prior to this problem coming to light you were innocent of the fact that there might have been hp on it. There is no need to do an HPI that is a company that provide a service and is irrelevant the fact that they advertise a service does not give the financ e company a reason to win. Your letter is fine just ensure that you state catagorically that when you purchased the car the guy said it was clear of finance (that is enough in law to protect you) you didnt do an HPI check becauseyou didnt know what it was and there is no requirment to do so. Further more if the guy you bought it from is not the original hirer then funding corp will need to go back to him as well. Again doing or not doing a hpi is irrelevant they are just a company and you have no requiment to do so. fund corp should have sent you out a questionaire regarding how you bought the car. Be careful filling it out but do so . The questions are worded to try and trip you up and admit you are not an innocent purchaser.
  9. If the dealer offers 2000 prior to knowing about the Cat c then he will offer less with knowing, some auctions might get a reasonable return but thats up to you. The car of that age is not forced to have the cat c recorded on the log book as it would have been issued before or possible the insurance company did not notify DVLA at the time. I find ebay a good place to get rid of these cars as people will buy anything just make sure that you list it as cat C according to HPI but not on the logbook and poss try as a buy it now not auction. I normally get trade or more.
  10. See not all used car dealers are so bad! Dont worry about an accident or two they happen and you learn from them. The mirrors for the focus are about £20 new from Andrew Pages or similar auto factors and the colour coded part will swap over. Go out with your mates have a beer, laugh at yourself and enjoy motoring!!! A road trip to newquay with a tent and a case of beer at 17 did me the world of good.
  11. Ok dont panic. Advise the finance company that you are an inocent purchaser and as such have good title to the vehicle. Under the Hire purchase act 1964 (look it up) good title is deemed to have passed if bought in good faith by an innocent purchaser. The only problem you will have is if , your cousin knew it was on finance, should have known better (is a trader or dealer etc) paid an amount (in exchange or cash) that could be deemed below market value. Or that your couin knew the previous owner well. If as in this case the person who you bought the vhciel of was also an innocent purchaser then you are the owner of the car. Hp companies know this and you need to send them a letter recorded stating the above etc and advising them that you are the legal owner. this should stop them sending the repo agents out. In summary it is now your car. They have some recourse but it will require proof that the original deal was fraudelent and a court order (very unlikely)
  12. They cant refuse to take a payment, no finance company can if it would affect your indebtiness. Ring them up and pay then say as they have not correctly deffaulted you then they can not terminate. If you have genunly got the full payment of arrears then they should accept it especially in this ecponomic climate
  13. The car belongs to the finance company and you can not claim good title as you knew it was on finance. They can repossess subject to the normal conditions of default termination and court order if needed. You were not given the car as it wasnt hers to give. You could always speak to her and get the finance company to transfer the agreement to your name so you could make the payments and keep it. Which finance company is it? How much is it in arrears for and whats left on it?
  14. As a dealer who has been sat in front of the district judge on this one I would say its not a good argument as stated above. You travelled to ge tthe car and he willing to repair it. Dont confuse some companies great service and free collection and delivery with a right. The ebay point is another one where ebay regard return postage for a refund as being the responsibily of the buyer not the seller. its the same principle
  15. Flashing glowplug lights are very common on these. Can be multiple faults and can be serious. If you have loss of power I would not recomend driving but to get it to a decent independant and code read (shouldnt cost more than £35). if injectors etc then will need to go to ford. I had a 60k tdci 130 and it bent a con rod with the same symptoms. something to do with injector program/timing. Luckily for me the customer had driven the car with the light flashing for two months before it went bang and didnt bother to tell me so I didnt have to pay.
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