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Everything posted by flub1976

  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.
  16. I can tell you what all of your problems are caused by if you wish. The key youve been given only works in the ignition because the ignition has been replaced at some point. All ford keys will lock any ford car but not unlock it. THis explains why your key wouldnt work in the locks of fuel cap but only the ignition. They need to get a correct ignition barrel sorted at ford that is matched to your the original car key or change the rest of the key barrels or you will need to use 2 keys if you need to operate the locks manually. As an aside check this car is not a cat c or d write off by way of a HPI check
  17. Pay the bailiffs! No seriously if the bailiff or anyone else is after you contact them and offer them a reasonable and proportional amount that you can demonstrate you can afford. Do the same with all your credits and they will not bother with send round the bailiffs (well its unlikely) If things are that bad then get advise from CAB or one of the free charity services. If you went bankrupt and the car was worth more than £1500 it would have to go so you cant just do that. The right thing to do is own up to your responsibilties and make an arrangement to pay
  18. They would not respray the whole car and couldnt be expected to. But they should have reprayed it to a good enough standard. If you car is red or a non standard colour then they can be a knightmare to match but even then the panels should have been blended in so as to look good. The problem is the insurance company cutting corners. Take it back to the body shop and cmplain in the first instance. You might have a case for further damages if you can show a loss of value after the paint work
  19. Be careful of demanding collection. I was ruled for in court due to the customer insisting I paid collection of this car from 50 miles away. The court found the cust knew how far away i was and I had offered full repair. Intrestingly the customer never let me have the vehicle or repair it and ended up with nothing. I even got costs and asked for travel at £20! all over a faulty alternator on an astra! As above how he sorts it is up to him as long as he does. Im afraid that there are lots of issues with steering columns on the newer passatts not sure on older ones and they are expensive to fix (£600 for the last at my very friendly main dealer) If this is the problem I think some independant specialist can now sort them. Maybe try finding a local specialist to have a look for you or try ringing them as if the dealer can only take it to VW it night be cheaper for him if its done near you.
  20. CCTV inconclusive. If he claims thorugh his own insurance they will just claim against me which is the same outcome. Plus his car value is lower becasue no MOT at the time.
  21. Sailor sam - thanks for the reply thought as much myself and he has now paid up (probably becasue it puts him in a better position.) We have offered the different bumper and skirts but if he insists on full repair he is stuffed as the insurance will take the car. I dont like the fact that this has happened but he doesnt seem to realise that there is no way I can give him what he wants. I also thought he might have been involved but have since found out some details which I will refer to the court of 4x2 and may be able to get the parts back. If i cant then he will be told to either accept the car as it is or we will claim through our insurance company. If he takes it he will ahve to sign to say he accepts this position and that he understands that any claim now or in the future will mean the possible write off of his vehicle. if he wants to claim then I will make sure that once his finance company is paid out that I retain the salvage rights (ill gladly pay the £200-300 value) and i will drive it passed his house every day for the next 3 months on my way home.
  22. Sailor sam - Close motor finance (and most others) do NOT require any form of warranty to be supplied. As an aside I have seen the AA cover schedule and it is very lacking in many areas. Further more it will only cover mechanical failure to the bearing and not wear and tear. The op should have been presented with booklet at the time which would explain that. Not the best cover or warrant yon the market but then most are pretty poor. As the item is most probably wear and tear then the warranty was possible not missold but is just a poorer product. AA warranties are not actually with AA but i beleive they are under license and issued by Motorway Direct. Further my understanding of soga is that the 6 months rule only changes the responsibility of proof to the seller in the first 6 months, i.e. to show that the fault was not present at sale. The change just made an assumption that it was unless shown otherwise.
  23. sorry that comment makes little sense was half a response to comment #20 I missed the page two responses DOH! (been a long day). Thanks for that coniff. I bow to the master. Will stop hijacking now
  24. Are you sure they/previous owner didnt just decat it for extra performance or exhaust noise. On a DB9 i know of it has had a decat exhaust custom made (was less £ than a genuine) also know of an M3 done by the same company and that is awsome although a little loud at times
  25. Buzby you seem to be turning this into an argument about me or my advise. Im not going to argue or dissagree with you as I cant be bothered to, I accept you dont agree and decline to discuss with you further but please stop sprouting info not based on HP etc, this guy is confused enough over a reasonable common place issue and doesnt need the wits scaring out of him when not needed. To BLOKEA1 no you shouldnt have spent the money, I can see why you did but you shouldnt have. However there is no crime here it is a breach of contract and as such would not be missappropriation of funds but you MUST advise welcome whats happened and speak to them to arrange repayment (however small) It doesnt sound like you have a lot but if you pay a fair and proportional amount to all your credittors then they will not be able to do a great deal else. This happens alot and you do not need to be scared but you do need to speak to them.
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