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Finance Co Trying To Take My Car For Previous Owner Debt But HPI Clear!


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Hi. I am really in a lot of trouble I think. I bought a car late last year. The supplying dealer HPI'd it and it came up clear.

I checked again via a friend and again it was clear.

 

I have recently had a letter from Lombard claiming that the car is in fact their asset and they want to take it from me.

 

They claim that the previous owner had at some point prior to its sale taken out a PERSONAL loan using the car as collateral.

 

I had an off the record chat with someone senior at HPI today and he stated categorically that this car has NEVER had an HPI agreement recorded against it either against the registration number or the chassis number. When I say NEVER I mean NEVER.

 

Despite Lombard's claims, it still doesn't have any thing recorded against it on the register now.

 

If the car has never been recorded as being on the Finance register, can they really take it off me? I bought it in good faith and took all of the correct precautions.

 

Is this a case of Lombard trying it on? Perhaps they loaned someone money as a personal loan and they know about the car because it was financed with them at some point when he owned it - So perhaps they're just trying any avenue to get the money, whether moral and legitimate or not???

 

Someone please help - The car cost me a relatively high 5 figure sum!

 

Thank you in advance.

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lombard do o fixed sum loan agreements but the debtors own the car out right

 

i would be asking lombard, i dont think the even exsist anymore,

 

they were taken over by ge capital then santandar

 

can you post up that letter from lombard

 

google photobucket but deleate personal info and account numbers

 

something is not right

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Presuming that's the case then, surely if the finance company has an interest in the car this should be recorded on the finance register.

 

Otherwise anyone could take out a loan against their car like this and then sell it and default on the loan. The new owner would have no idea until they're in my position.

 

Does this mean they can take the car off me? I bought it as HPI clear in good faith - It has NEVER and does NOT NOW appear on the finance register.

 

How could I have known????

 

On this basis yours or anyone else's second hand car could be financed and you as the next owner wouldn't know it until the previous owner's finance company came knocking.

 

This just doesn't seem right somehow - I can't believe the law would allow for this.

 

What should I do?

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I'm being advised not to. Even with the personal data removed if Lombard crawl this board and see and recognise the it might agitate them and cause me problems.

 

Does anyone have answers to the questions I have asked?

 

Thanks.

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i am of the opinion thiss is not lombard as lombard do nott esist any more

 

Abbey National paid £347m to acquire three businesses from National Westminster - Lombard Motor Finance, Lombard Tricity Finance and Lombard Business ...

 

i need more info on who is demanding money

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Hi. The letter is from Lombard.

 

All I am asking is this:

 

Presuming that the reason this has not been recorded on HPI is that it is an "Agreed Sum Loan" taken out by the previous owner, can the finance company take the car back from me since I bought the car and it has never been and is not now recorded on HPI.

 

It's a point of law and takes priority over anything else that Lombard might be saying, although they are claiming that they have a robust case.

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this is my thinking that this is all to do with a fixed sum loan agreement as lombard dont do hpi where by the vehicle would belong to the previous owner out right

 

i would be demanding to know what sort of agreement the previous owner had and get them to confirm it

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I think we've already agreed that this is the case.

 

Here's the question I am asking again:

 

Presuming that the reason this has not been recorded on HPI is that it is an Sum Loan" "Agreed Sum Loan" (Or Fixed Sum Loan Agreement as you call it) taken out by the previous owner, can the finance company take the car back from me as the new owner? It has never ever been and is not now recorded on HPI.

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there is no legal obligation for a finance company to record details on the hpi register buy most agreements are as its the crEdit reference agency equifax who own the hpi register

 

saying that

 

if they did take the car back by force an application to the courts for a return of goods order would be applicable andin 99.99999 % of the time a judge will agree to this as you are the inocent party

 

my honest opinion would be the finance company will be on a lost cause

 

UNLESS ITS A HP AGREEMENT, NOT A FIXED SUM LOAN AGREEMENT

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Thanks for that.

 

So, if this is a Fixed Sum Agreement the next step is to defend by letter and let them know we will defend vociferously.

 

If it turns out to be an HP agreement, we may need to go back to HPI and use their indemnity.

 

I had already from HPI themselves had the situation re the non-requirement of HP companies to record their interest on the register - They stated that it is extremely rare for this to be the case, although it does happen.

 

It makes a mockery of HPI in this small amount of cases as the check is worthless.

 

It will also be interesting to see what happens if we have to claim on HPI's indemnity given that they do state there is no legal requirement for finance companies to record an interest.

 

One thing's for certain, the car will not be taken away from me without a Court passing final judgement.

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