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punderi1970

Dealer's or my liability?

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Hi all

I traded in my used car with a major dealership a week ago. They're now saying, as there is outstanding finance on the one I gave to them in the deal, that I am liable for it and it's my problem. The auction house it got sent to by them won't auction it.

As the car is now in the dealership's hands are they not liable for it?

I paid cash for it as did the previous owner - the problem goes back to an owner from four years ago.

Surely they should have HPI'd it before agreeing to the deal?

They're getting quite abrasive on the phone insisting I take the car back and pay them the difference.

Help!

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Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.


 
 

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Surely they should have HPI'd it before agreeing to the deal?

 

The same could have been said when you purchased it.

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Following on from Conniff's post, how do you know 'the problem goes back to an owner 4 years ago'?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Following on from Conniff's post, how do you know 'the problem goes back to an owner 4 years ago'?

 

Because that's when the dealer is saying was when the outstanding finance deal was taken out.

I bought the car off an acquaintance after doing an HPI and it said that although there was outstanding finance on the car this was due to expire in July this year so I went ahead. There were no alarm bells, it had been bought by my friend from a garage before me after all.

The dealer took the car off me a week ago, we signed forms, I sent the logbook with their signature on it off to the DVLA. End of transaction.

Then they discover they can't shift it at auction due to a problem with the original finance deal. I'm saying that it's not my car now, they say it's my responsibilty. But they've sold me a new car and signed for ownership of my old one so who is in the right?

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I would say it is the dealers problem, but that doesn't mean they can't/won't report you for selling a stolen motor.

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I would say it is the dealers problem, but that doesn't mean they can't/won't report you for selling a stolen motor.

 

I paid cash for it as did the previous owner. Some outstanding finance from a few owners ago which has only just come to light doesn't tantamount to me "selling a stolen motor" though does it?

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Whilst there is finance on the vehicle it isnt yours to sell, you where aware of this finance when you bought it and whilst i can understand your thinking at the time you should have looked into it then rather than just assuming things would be fine, best case scenario you can either get the previous owner to clear the finance or have the finance company agree to let you take on the finance and to start a claim against the person owing the finance

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If you can get a copy of the HPI report it will have the details of the finance on it i.e. agreement number and finance house - give them a call and find out whether the agreement has been settled or not - it is possible that the agreement has been settled but this information has not been forwarded to the data agencies - if it has been settled then they will communicate with the dealer and the auction house to enable the sale to go ahead

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