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Subject Topic: hp outstanding
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15/2/2010 at 8:02am
 Location: Humberside
 Outfit:  Swift Elegance 565
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I recommend that the OP contacts Consumer Direct for correct advice. 

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15/2/2010 at 8:02am
 Location: Scotland
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Hi if you ahve proof of payment contact the Financial Services Commissioner (or Information Commissioner).  Companies have a duty to update any financial information or the Commission can heavily fine them.  I had to deal with them recently for an issue that has been going on for over a year (paid bill) and it was sitting as a default on the credit agencies.  When I phoned them they said to phone the company (a bank) and lodge the issue as a complaint and to tell them that I had been in touch with the Commission who advised me to contact them again if the bank didn't resolve the issue. It was sorted within 2 days. 


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15/2/2010 at 8:28am
 Location: Hampshire
 Outfit: None Entered
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If it is a well known dealer and they won't help then I would say that there is more to this problem than we have been told! There often is. Was it actually sold by the dealer or on behalf of the owner by the dealer on a commission basis?

They would not want to lose their reputation over a matter like this.



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John



15/2/2010 at 9:07am
 Location: West Midlands
 Outfit: Jeep Grand Cherokee
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Has the Finance Company confirmed there is money outstanding?, it's possible their records were not updated.

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Tony C


15/2/2010 at 9:47am
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The caravan belongs to the finance company and the issue is now for you to recover all your costs from the dealer which would include compensation.
In a sense the dealer has committed a criminal act by selling a caravan that is not theirs legally to sell.
There is also the possibility that CRIS number has been changed and that the caravan was stolen. Have agood look at the CRIS number on the caravanm to ensure that it has not been modified in anyway, i.e. a 6 altered to an 8.


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15/2/2010 at 10:23am
 Location: Keswick
 Outfit: Bailey
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millermicm and Surfero are right.

As the van has an outstanding HP arrangement then the dealer did not own the van and thus did not, in law, sell you the van. By the same token you do not own the van. The van is still owned by the HP company.

It has been suggested that paying off the HP my be cheaper than involving lawyers and that is sound advice. Nothing against lawyers, but you do have to weigh up the perils of litigation before you embark on strict legal challenges.

The issue here is that you cannot sell the van so you need to get it sorted.  You need to take control rather than wait for others to act. The dealer is at fault and should reimburse your money. The dealer could pay off the HP company to get legal title to the van and then pass that title over to you.

Suggest, in writing, a meeting with Dealer and HP company. If the dealer will not assist, then go directly to the HP company and see just what debt is outstanding and what it will accept to transfer title to the van to you. Once you have agreed a sum write to the dealer and ask it to pay that sum otherwise you will and will sue them for the money.

The important issue here is to get the process evidenced in writing so that if it does come to suing the dealer it will be wrong footed on a defence where it can be shown that it had the opportunity to sort the problem out much earlier. It helps your case if you do get to court especially in getting an order for the dealer to pay your costs. You may have to get lawyers involved if the dealer will not assist.

Phil



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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


15/2/2010 at 10:38am
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I do not recommend paying off the HP as at the moment it is a case of "theft" and any way why should you pay off the HP as it is not your problem. Maybe the dealer arranged to pay off the HP on trade in but then forgot or mislaid the papers. On trade in it was the responsibility of the dealer to ensure that no HP was outstanding on the caravan.
It is unlikely that they will entertain a meeting between the HP company and the dealer due to Data protection Act so that one can be scrubbed.
Agree that all correspondence shoudl be in writing and even if the dealer phones you, say very little but ask them for it in writing. This is very important as you then have a paper trail.
By now as per an earlier post, you should have contacted consumer direct aka Trading Standards and also the police as basiclaly you have bought in essence stolen goods although they are not stolen. That will get a reaction from the dealer. Don't let them fob you off any longer.


15/2/2010 at 10:45am
 Location: Hampshire
 Outfit: None Entered
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Surely the simplest meythod is to get cris to check if there is still outstanding HP on this van. As has been said, it could just be an oversight on their part.

I see all the closet solicitors are on the case here again!!!!!!!



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John



15/2/2010 at 10:59am
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Quote: Originally posted by johnks on 15/2/2010

Surely the simplest meythod is to get cris to check if there is still outstanding HP on this van. As has been said, it could just be an oversight on their part.

I see all the closet solicitors are on the case here again!!!!!!!



The OP states that it was CRIS that informed them that there was outstanding finance on the caravan. As for closet lawyers, although it was several years ago I did do a course on mainly consumer law and passed with honours.
You have offered advice but it seems you may have misread the first post so before you criticise those offering good advice, review your own first.


15/2/2010 at 11:08am
 Location: west country
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think there's too many wannabe solicitors on here!

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Steve




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15/2/2010 at 11:20am
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Quote: Originally posted by millermicm on 15/2/2010
think there's too many wannabe solicitors on here!

In case you missed it, the OP was asking for advice. So in your opinion all those that offered advice are wannabe solcitors? I suppose the same would apply if someone asked advice on a repair to a caravan. In your opinion they are wannabe caravan engineers?   
If you have nothing constructive to say why offer sarcasm?


15/2/2010 at 11:34am
 Location: Keswick
 Outfit: Bailey
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err wannabe? Me excluded then?

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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe    


15/2/2010 at 11:36am
 Location: Torbay Devon
 Outfit: Eldis Mistral 2 berth
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Is this known as "ForumRage"?. Perhaps a new phenomena. Just to put my twopennorth, clearly the dealer did not take due care. Proving it and getting a result may be harder for you to achieve. I would like to see the outcome you get.So I hope it is not closed down by Webbie.

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Geeljay


15/2/2010 at 11:53am
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Quote: Originally posted by cwdc56768 on 15/2/2010
err wannabe? Me excluded then?

We may have our difference of opinion from time to time but at least we offer advice and it is then up to the OP to make a decision based on every ones answer and not just ours.


15/2/2010 at 11:53am
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Quote: Originally posted by Surfer01 on 15/2/2010
Quote: Originally posted by millermicm on 15/2/2010
think there's too many wannabe solicitors on here!

In case you missed it, the OP was asking for advice. So in your opinion all those that offered advice are wannabe solcitors? I suppose the same would apply if someone asked advice on a repair to a caravan. In your opinion they are wannabe caravan engineers?   
If you have nothing constructive to say why offer sarcasm?


already made my constructive advice much earlier on.

Thanks for your advice!



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Steve




15/2/2010 at 12:43pm
 Location: Hampshire
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Quote: Originally posted by Surfer01 on 15/2/2010
Quote: Originally posted by johnks on 15/2/2010

Surely the simplest meythod is to get cris to check if there is still outstanding HP on this van. As has been said, it could just be an oversight on their part.

I see all the closet solicitors are on the case here again!!!!!!!



The OP states that it was CRIS that informed them that there was outstanding finance on the caravan. As for closet lawyers, although it was several years ago I did do a course on mainly consumer law and passed with honours.
You have offered advice but it seems you may have misread the first post so before you criticise those offering good advice, review your own first.

I didn't misread the first post at all. I suggested that cris was consulted again before all your legal route was undertaken!

As the original OP has not given any further info on the matter I suggest we all shut up until we have further concrete info!

 



-------------
John




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