honda - outstanding finance and the dealer - jray

What can I do, I sold my car to a dealer with outstanding finance on it. The dealer said he would settle the finance but hasn't. He's sold on the car but not settled the HP what can I do ?

honda - outstanding finance and the dealer - RT

Personally - I'd contact the police with an allegation of fraud, which is a criminal offence - then I'd get legal advice on what civil action to take to ensure you don't have to continue making the HP payments.

honda - outstanding finance and the dealer - tony g
Hi jr.
Sadly your responsible for the outstanding finance not the dealer .

You need to obtain a settlement figure from your finance company ,tell them what's happened .

You should then write to the dealer and tell him you will issue a writ in the small claims court ,if he doesn't settle your finance .

It's possible the finance company will do business with the dealer and will put pressure on him to settle it .

However as I said ultimately your responsible for settling the finance .

Did you get anything in writing when you sold him the car .
honda - outstanding finance and the dealer - skidpan

I feel 100% certain that if you did not get anything in writing you will get no satisfaction in court or from the dealer. Its your word against his with no documentation.

honda - outstanding finance and the dealer - Collos25

Is it not an offence to sell anything if its already on HP as the product is not yours to sell,I thought the correct procedure in the UK was first to get a settlement figure from the HP company and keep them imformed at all times as to what you are doing

honda - outstanding finance and the dealer - RT

Is it not an offence to sell anything if its already on HP as the product is not yours to sell,I thought the correct procedure in the UK was first to get a settlement figure from the HP company and keep them imformed at all times as to what you are doing

Yes - but it's common for the dealer to obtain the settlement value from the finance company and settle with them directly - in this case the settlement hasn't been done.

honda - outstanding finance and the dealer - Collos25

Exactly what I have said.

honda - outstanding finance and the dealer - tony g
Hi all.
Another interesting follow on from this post ,is that although the dealer didn't settle the outstanding finance ,the car was never the dealers to sell .

The finance company will retain title to the car until the finance has been paid .
If they wish to they could seize the car from a future owner ,at best they will always have an HPI marker on the car until the finance is cleared .

All the above only applies if the finance was secured on the car .hp or lease .If the car was bought with a personal or bank loan ,the op has no title and still has to pay the loan .

Edited by tony g on 10/03/2013 at 17:57

honda - outstanding finance and the dealer - leaseman

Not entirely correct Tony g. If a private buyer purchased the car from the dealer in good faith, then he would acquire good title under the "innocent purchaser" clause of the Consumer Credit Act. But only if the car was financed by the OP under an HP or Conditional Sale or Loan Agreement. The innocent purchaser would, in turn, be able to pass equally good title if they wished to dispose of the car at a future date.

If a leased car (under the strict definition of lease rather than the often misunderstood coined phrase of Lease Purchase) is fraudulently converted by the lessee, then there is no such protection for a purchaser, innocent or not, and it is only then that the original financier has every right to repossess the car without resorting to legal action.

honda - outstanding finance and the dealer - tony g
Hi lm,
Your right I'd forgotten about that ,however it doesn't resolve the problem that the car would still be registered by the finance company on HPI .
They are unlikely to remove it from HPI while they have a finance interest outstanding ,no matter who actually has clear title to the car .

On the same subject ,has the problem with log book loans been resolved ,I think it's a piece of Victorian legislation that allows companies to retain title to a car ,even though the finance has not been registered on HPI .

honda - outstanding finance and the dealer - Collos25

On a recent trip to see my mother in the UK I was suprised to see these Log Book loan shops springing up all over the place,the amount of interest they charge is beyond belief are they legal I suppose they must be .How do they stand if you owe for eg 1000ukps on a car to the HP company and the car is only worth 700ukps who has title to the car .

honda - outstanding finance and the dealer - tony g
Hi collos ,
Your right they charge a huge rate of interest ,but are normally the only type of loan available to people with a poor credit history .

I wouldn't want to lend my money to thier customers .

I think the loans are usually less than £5000 ,most are in the region of £1000 .The loan is typically based on half the cars trade value in glasses guide .

Because of the loan format they use ,they retain title to the goods until thier finance is cleared ,no matter who owns the car .

Apparently ,private buyers who buy in good faith are not covered when a loan like this is involved .
honda - outstanding finance and the dealer - Collos25

Thanks Tony,its a frightening scenario you could be out thousands and have very little comeback.

honda - outstanding finance and the dealer - leaseman

Just to clear up a couple of points Tony and Collos.

Registration of a financial interest in goods of any description, including cars, with HPI or any other agency, is purely voluntary. A potential buyer cannot depend on a search of any such register to demonstrate that good title rests with the seller. However, it is a fact that the vast majority of lenders in the U.K. would register their interest with HPI, so searching their database is a good start.

Log Book Loan companies, as far as I am aware, tend to secure their interest in the goods by utilising a "Bill of Sale". This instrument is exactly what it says on the tin! The customer has agreed to sell the goods to the loan company and title passes at the point when the company advances funds to the owner- usually the registered keeper. Title will revert to the customer only when they have discharged their liability under the loan conditions. This form of lending is also known as a Chattel Morgage and works the same way as a house mortgage.

Put simply. Never buy anything from anyone that is not well established and 100% financially sound. How would you know that?.....Don't ask me. I've never come across one. I take risks just like everyone else, but I do so very carefully.

honda - outstanding finance and the dealer - RT

Other than deregulation of Financial Services, I don't know why the old Money Lenders Act got repealed - that limited the annual rate of interest on any type of loan to 48% per annum even on "payday" type of loans.

The problem with modern Payday Loans with several thousands % interest is the amount of interest payable after even just a short time.

Being "old-school" I don't mind spending money on a car but I won't spend money on money !

honda - outstanding finance and the dealer - Collos25

100% down and payments of nothing ,

honda - outstanding finance and the dealer - RT

100% down and payments of nothing ,

You and I may be able to afford to do that - but most can't.

honda - outstanding finance and the dealer - Collos25

Just to clear up a couple of points Tony and Collos.

Registration of a financial interest in goods of any description, including cars, with HPI or any other agency, is purely voluntary. A potential buyer cannot depend on a search of any such register to demonstrate that good title rests with the seller. However, it is a fact that the vast majority of lenders in the U.K. would register their interest with HPI, so searching their database is a good start.

Log Book Loan companies, as far as I am aware, tend to secure their interest in the goods by utilising a "Bill of Sale". This instrument is exactly what it says on the tin! The customer has agreed to sell the goods to the loan company and title passes at the point when the company advances funds to the owner- usually the registered keeper. Title will revert to the customer only when they have discharged their liability under the loan conditions. This form of lending is also known as a Chattel Morgage and works the same way as a house mortgage.

Thanks for that it can be a scary world well established and 100% financially sound. How would you know that?.....Don't ask me. I've never come across one. I take risks just like everyone else, but I do so very carefully.

Thanks for that it can be a scary world