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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16654
Experience:  Senior Associate Solicitor
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I purchased a vehicle from a local garage it was hpi clear I

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I purchased a vehicle from a local garage it was hpi clear I found my self lately having very little work so I rang the finance company the garage had put the car through the gave me an early settlement figure so then proceeded to sell the vehicle to motorway- auto trader and two or three more who all said they could not buy my car as it was bought from a salvage auction and that it had finance on which was eligal to do as car was purchased from a salvage auction I have contacted the finance company who say the car dose not show on there hpi check it was bought at a salvage auction and never has been .they asked me to send evedence of this so I sent them the evedence witch was sent to me but auto trader and I have received a letter back today saying it dose not show on there system about any salvage auction and will not refund me my money .but the garage who sold me the car will give me the current glacier guide amount to by the car off me. I know for a fact it was the garage owns friend who financed the car for him from the finance company this looks to me like there trying to by the car back to get them selves out of trouble as they put finance on a car they should not have please can you tell me how I stand please
JA: Where is this? And just to clarify, when was the purchase made?
Customer: The car was purchased from the salvage auction on the 4/8 /2020 and I purchased the car from the garage on the 26th of April 2021
JA: What steps have you taken so far?
Customer: I was advised by citizens advice to send a letter to the finance company witch I did Explaning that every car buying site all said they could not buy my car as it was bought from a salvage auction and it also had finance on it which is eligal to do on a salvage car . I had a letter back saying we need to see the evidence I have so I sent to the finance company by email .and received a letter back today saying there not going to give me a full re fund but said they have spoken to the seller and they can arrange for him to buy it off me for what ever the glacier guide says the cars currently worth .this to me shows there trying to get me to sell the car back to the garage so this elegal sale dose not come to light .but I have not driven the car since discovering all this for fear my insurance may be void
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes there was also shown on the we pay Moore for any car site that my car has a milage discpancey an is red flags on the national milage regaster which I have proof of sent to me .which the finance company say dose not show on there system but which I have official proof of

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

My view is that you should be given a full refund as the contract was illegal (illegality makes any contract void).

You should now make a complaint to the finance company - you can tell them you will report this to the FCA (financial conduct authority) unless you are refunded in full.

Given the dispute with the finance company, you can avail of the Financial Ombudsman Service dispute resolution scheme - which is much quicker than court action and free to use.

You have to go through a complaints procedure first. They have to deal with all complaints and it just needs to be put in to simple terms of why you are unhappy with their decision.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the finance company) carried out with reasonable care and skill. Furthermore, the service they provide should be “fit for purpose” and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract.

You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

You can make the complaint in writing, by email or telephone.

When you do make the complaint, tell the finance company that you plan to report them to the Financial Conduct Authority (FCA) who regulates them. You can reach the FCA to report them on 0800(###) ###-####if you wish. It may speed matters up.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the finance company which would hopefully result in a full refund. They can order the finance company to make a financial award for inconvenience if they have acted poorly.

Once you have their final response, you can make the complaint to the Ombudsman here :

https://www.financial-ombudsman.org.uk/consumers/how-to-complain

Or by email:***@******.***

Based on the circumstances, assuming the finance company does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the finance company.

The above is the only way to resolve this, short of court action - but it should work given the facts set out in your question.

I hope this helps

JimLawyer and 2 other Law Specialists are ready to help you

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim