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    • Yes, Hotpoint UK has been a subsidiary of Whirlpool for over 20 years. And unlike some domestic goods manufacturers you can buy from them direct and I believe they employ their own service engineers, Is that your situation? You bought direct from Hotpoint and Hotpoint sent out their own engineer?
    • It's Hotpoint (but I believe they're part of the Whirlpool group now?). The part was bought direct from them as a consumer.
    • Thanks BankFodder for your latest, I'm in complete agreement on the subject of mediation and will be choosing to decline mediation, the longer timeline is not an issue for me, I will happily let the going to court run it's course. I really appreciate the support from the Consumer Action Group. I'll post the email text I'm sending to Evri's small claims in answer to their recent defence response. Regards, J    email text I'm sending to Evri's small claims in answer to their recent defence response:  
    • Sec127 (3) repealed, now gone. S. 127(3)-(5) repealed (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {15}, 70, 71(2), {Sch. 4} (with Sch. 3 para. 11); S.I. 2007/123, art. 3(2), Sch. 2
    • We used to recommend that people accept mediation but our advice has changed. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming and even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been leading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. If it's good for them it's bad for you. On mediation form, you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee but you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi's bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.     And incidentally, there is a myth that if you refuse mediation that somehow it will go against you and the judge will take a dim view and be critical of you. This is precisely a myth. It's not true. It would be highly improper if any judge decided the case against you on anything other than the facts and the law of the case. So don't worry about that. The downside of declining mediation is that your case will take slightly longer. The upside is that if you win you will get all your money and you will have a judgement in your favour which will help others. The chances of you winning in this case are better than 95% and of course you would then receive 100% of your claim plus costs
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Bought a car with outstanding finance (HP) what are my rights?


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good afternoon.

 

I recently bought a car froma private seller only to find out (after I handed over cash for it and sent of the V5) that it has outstanding finance on it.

 

I've read all sorts of scare stories of similair scenarios and people having their car repossesed from the finance company because the original purchaser didn't keep up repayments or whatever.

 

I cant sleep at night now for worry... :Cry: I'm scared the car is going to be taken away and I'll be left without the car AND the cash I paid for it.

 

Please can anyone help:?

 

kind regards

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Hiya Suzanne

I have found this piece of info from the trading standards web site ...

Private sales

There are some situations where your legal rights will be reduced.

The general rule is ‘let the buyer beware’ when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle. You are still entitled, however, to expect the car to be ‘as described’. If the advertisement says ‘2000 Ford Focus’ or ‘excellent condition’ then it should be exactly that. It is important to remember that it may be much more difficult for you to enforce your rights against a private individual.

Whether you buy privately or from a motor trader, you are entitled to expect that the car is roadworthy when you buy it, unless you and the seller clearly agree it is to be sold as scrap. You should take note that a car sold with an MOT Certificate does not necessarily mean that it is roadworthy.

You are also entitled to expect the seller to have ‘good title’ to the car. In other words, to be the owner or authorised by the owner to sell it. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try and get your money back from the seller.

The Consumer Credit Act 1974 gives ‘good title’ to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous, unpaid hire-purchase agreement. This means that the finance company is not entitled to repossess the car from you. Remember, this does not apply to cars which have been stolen, or cars that were subject to a lease or hire agreement.

It is worth noting that some motor traders pretend to be private sellers to avoid their legal obligations to consumers. If you come across a situation like this, contact Consumer Direct on 08454 040506.

The link is ... Trading Standards Central - Trading Standards and Consumer Protection information for the UK

I would get in touch with Trading standards and maybe citizens advice they will let you know your best course of action from here.

Hope this helps.

NS :)

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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Hi nufsaid

 

Many thanks for the informative reply. The consumer credit act which you outlined in blue at least does give me some slight peace of mind.

 

The car has MOT, the vin's match up and I have the handbook and such so it is just the outstanding HP which worrys me.

 

I've read storys of similars where innocent purchasers like myself have come out to find the vehicle in question being loaded up onto a lorry. I was really starting to panic.

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I really would get in touch with trading standards they will best advise you of your rights and send info to help, then you do at least have ammo. should anyone turn up for the car, have you registered yourself as the keeper / had the v5 back?

As long as it is not a lease or hire car I think your ok it's the seller which is in trouble.

 

Good luck

NS X

:(:confused:Confused, sad,bewildered,befuddled,bemused,disorientated,lonley until I came here, moving forward to :smile::lol: ,trying not to let them drag me down.:cool:
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The only issue with the trading standards is they can tell you what the law states, however they cannot act for you and they will only tell you the outcome of the investigation if there is one, which as a private seller there will not be.

 

I cannot see a way out of this as the car belongs to someone else, i.e. the finance company, who will want it back.

 

Depending on how much is still owed on the car you could suggest to the finance company to pay the difference ? Not a great solution as you would have to pay more money, but it may be cheaper than having to buy a car of similar quality.

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You never know perhaps the 'seller' has paid all outstanding finance after he sold the car to you. It just didn't show up in time at DVLA. Why don't you ask DVLA again or maybe even the seller? You just never know.

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  • 1 year later...

In my experience "good title" stands for nothing.

 

I found the car i wanted to buy 9/9/08.

Paid for hpi check 10/9/08.

collected and paid cash for the car (3k) 12/9/08.

 

Roll on june 2009. The car was taken from outside my house by repossession agents acting on behalf of 'logbook' loans. I try to dispute what they are saying. They show me a letter clearly stating that THEY ARE THE LEGAL OWNERS OF THE VEHICLE. I hpi check the car again. It clearly states outstanding finance;logbook loans.

 

The man who sold me the car had used the car as security for a 6k loan on 11/9/08- ie the day before i collected the car.

 

I came to an agreement with logbook loans to buy back the car from them for 1500. They give me a receipt to say they have no further interest in the vehicle.

 

Tonight I have had a phone call from 'welcome finance' saying that they have tracked me down as the current owner of the vehicle. There is outstanding finance on it from an agreement dated 24/9/08.

 

I cannot believe it, i will have to sleep in the car to make sure they dont take it again.

 

i am desperate for any legal knowledge if anyone could help

xx

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  • 2 years later...

I know of a dirty crok that has sold a car on inance, welcome finance now know about it and so does the new owner, I hope that she gets a visit from the police, the book thrown at her and is ordered to pay the loan back to welcome

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If you have purchased the car at a price which is way below the market value then you may have a problem showing that you are an innocent private purchaser, as the assumption will be that you must have known it was too good to be true.

If I have been of any help, please click on my star and let me know, thank you.

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  • 6 years later...

thread is +5trs old now closed

last post removed.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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