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    • It isnt a great thing to have to worry about all these things. I am sure someone on this site will offer some great advice.   Priority debts need to be sorted first; Rent/Mortgage, Council Tax, Utility   - Dont quote me as I do not know the legal points around this; but Overdrafts, catalouge, card debts are not priority. I would sit down and work out exactly what your priority debts and living costs are, deduct from your income. Look at all your cards, loans overdrafts etc, list them all, starting from the highest interest charging ones, think what and which ones to work out a realistic monthly payment, dont overpay what you cant afford.  I would consider not using the cards etc, as you will be adding to your debt and problems. I would contact someone Like Stepchange or Citizens advice, they will offer you some very good advice and ways of contacting your companies you have debt with. Dont be afraid of your debt companies, write to the fully explaining situation and what you can realistically offer, do not be preasurised into paying more than you can I personally prefer contact by post or e mail rather than telephone. Ive no idea what Factor, Monzo is, but may well fall in line with what Ive said.   Keep a note in a diary of every call you made or who contacted you, ask for names, keep and copy all letters to and from as this may be helpfull further down the line for record keeping.   Do not ignore contact as this just adds more stress for you and the problem wont go away.   Make sure you make your affordable monthly payments, every month, even if they say we wont accept it, its to low.    As you have a lot of stress going on, I would certainly contact someone like Stepchange or Citizens advice,    Good luck
    • Hy. Caring for family adult learning disability; full time, currently unpaid from work, unpaid carer - receive weekly carers allowance This is what I have searched on so far; - can only receive from employment £132 a week, after Tax, NI, deductions in all about £201.00 a week, but this is taxable and needs to be entered on tax submission, but if less than personal allowance then no tax may be paid? - I believe NI is paid as long as you get the carers allowance, although gap between break in employment and start of carers allowance may not be? -Should employment end due to company not happy in change of hrs and I have to leave, then only the carers allowance would for be the income, If UC is applied for would this allowance be deducted from what UC give or the person I cared for be affected - Savings may affect if you get UC or not - Certainly cant be available for looking for work as full time carer   anyone have any points, help or advice on this issue please
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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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