Park Motor Finance claiming hire purchase agreement against my car

[tidg]

:!:Hi everyone, new to this CAG --

 

Just received letter from PMF stating my car is subject to hire purchase agreement.

 

Checked last night with HPI and no such contract noted

(couldn't do the check when I bought the car two years ago from private owner).

 

They have sent a "keeper questionnaire" which appears to be a fishing expedition as it does not include any information they must already hold.

 

Could there be a current agreement that is registered and cannot be found by the HPI search?

 

Am I within my rights (what rights?) to ask PMF to disclose the information they have about such a debt?

 

Should I worry about the car disappearing from my premises?

 

Any further information / suggestions would be appreciated.

[oddjobbob]

Relax

 

If you bought the car in good faith from a private buyer then yuo get title to it. End of story. Tell PMF that you did so, you hpi'd it at the time and if they will not give yuo a letter giving you clear titale yuo will sue them.

 

Ignore the questionnaire yuo don't have to answer it: you can howver send them acopy of the purcase invoice when yuo bougt it, and their argument is then with the seller that sold it to you

[tidg]

thanks oddjobbob, I've sent them a letter giving them basic details of the purchase -- ie when, from whom, declared that no hpi on car......asked them for details of their claim on the car within 14 days -- before I take the legal path and look for financial redress. Waiting to here back from them. Will keep thread updated in case anyone else can use the info.

[oddjobbob]

I don't think there's any 'financial redress' coming you way - after al you have not suffered any loss.

 

As long as yuo bought the car in good faith then you will ultimately get good title to it and the finance company's argument is with the person that sold it to you.

 

Feel free to drop the seller 'in it' as much as you can / wish... because he knew it was on hp - they always know!

 

If the fifnace co are awkward you might need to swear an affidavit or something in front of a solicitor that you bought the car in good faith on such and such a date, etc, and send this together with a copy of the sale receipt to HPI who will eventually remove it from their register... all in all it could go on a while but be patient you will get title.

[oddjobbob]

also I note that PMF have not put the vehice on the HPI register for finance.

 

Although they are in fact not compelled to do so, if there were any arguments a regsitrar would take a very dim view of this, there really is no excuse, and you can show you did all possible checks,

[tidg]

Hi Oddjobbob........

The redress I would be looking for, if their claim is spurious, is for the costs I am incurring.....ie the£30 I have had to pay for the second HPI check, the potential solicitor's costs, the costs of having extra security on the car so that I can sleep at night knowing that if they turn up to remove it I will at least hear them and have the chance to "have a word". I really have no idea of what they can/will do....but I am prepared to do everything necessary to protect my investment.......and I love the car -- I've even washed it...twice.

[oddjobbob]

No you won't get them... up to now you have suffered no loss, no one has said they are goi ng to take your car away.

 

No one asked you to do another hpi check, it was yuor choice to do so.

 

There are no solicitors costs as yet.

 

No one can take yuor car away without a court order otherwise its theft.

 

 

So I wouldn't get carried away thinking yuo are going to get costs!

[tidg]

Hi oddjobbob,

 

Thanks for the support and info; not looking for anything other than fair play -- especially not spending any more than I have to. So I'll sit and wait for a response from my letter to them. Will let you know how it goes.

[afcwben]

No one can take yuor car away without a court order otherwise its theft.

 

This is true but look around the parking forum there are countless stories of people having cars towed by spurious claims not backed by a legal order and the police are interested in the slightest, they always claim it is a civil matter