PLEASE HELP! HPI showing on a car I sold in July

[BrianCoxHasScaryHair]

Ok, will try and get this all out concisely. I am in a state so sorry if it's hard to understand.

I got a loan in Nov 09 for a car (for work). In Jun 11 I was dismissed from work on health grounds.

July 11, after checking my paperwork and showing agreement to CAB, to make sure I had a personal loan and NOT an HPI agreement, I sold the car for £4k (private).

All good, apart from defaulting on loan and using my sale money to pay off other debts (I know, not good but too much of a story to go into here)

Fast forward to now, have had a CCJ issued and I have made an offer to pay the bank £150 a month (was originally paying £190 so not much difference)

Again, all sorted - will take me about 5 years but I'm paying it back and that's that.

NOT

Just had a call from the man I sold the car to. He is now selling it, as it's too expensive to run (I had told him that was my reason for selling it). He went to 'We Buy Any Car' got a £3k valuation and they did an HPI check.

HPI check came back - outstanding HP on a loan taken out in Nov 09.

He is panicking, asking me to buy the car back (I am on my arse, I can meet my payments to loan company and living costs but no extra). I showed him the loan agreement when he came to view the car (as I wanted to prove it was a personal loan).

Just phoned Santander and their Customer Services had closed minutes before!!! I now have to wait until tomorrow to speak to them.

I feel sick, I don't know what to do - what happens in this situation?

What happens if it is an HPI agreement? I've nothing to prove I was told it was a loan. I've shredded all my correspondance in relation to the car (it broke my heart to have to sell it and I just wanted rid of everything)

Can anybody help please? Am sat here in tears, not good :(

bumping

bump

Was the finance agreement actually with Santander?

When you got the 'loan'....

did you go to Santander and apply for a loan and they gave you the cash and you went off and bought your car

OR

did you find the car at a garage and they arranged your finance for you

If it's the 1st option then that is a personal loan and has no tie with the car

If it's the 2nd option then that is HPI and is tied to the car

Sounds really complicated. I shouldnt imagine that citizens advice would have gotten it wrong though. Was it new when you bought it, cos it could be a loan from before it was yours showing up.

Can't add anything sorry but Santander have taken over a lot of finance companies and store cards, so it could be that they 'own' the debt now. But, if it was taken through a car garage, then it is HPI.

What Kazza said.

Thank you for your replies.

I went to the garage, the dealer sorted out the loan over the phone "for me" and I just had to sign lots of paperwork. [cries]

It didn't say anything on the loan agreement about it being HP though - I checked prior to selling the car, to try and avoid this situation.

I would never have sold it had I known/realised.

What a mess. Now I don't know where I stand legally - as it seems it is HP and I've sold the car, taken the money and spent it (admittedly on other debt and essential stuff)

Who'd have a nervous breakdown - the ripples are far reaching :(

Oh god.

*loan was with Santander

So was the money from Santander paid into your bank acc

Sorry - was the money from santander paid into your bank account for you to give the full amount to the garage? If not, it's definitely HP.

No, it wasn't :(

Oh god, I'm so stupid.

Oh fuck.

Can he start criminal proceedings against me?

I can't buy the car back, I've no money and I'm paying Santander £150 a month to pay off the 'loan'.

Dear god, I am such a stupid cow.

From what I can fathom,

He can sue me.

Although, I have no money.

So I face court proceedings.

I can't cope with that, I really can't. :(

Calm down and have a or a because there's nothing you can do tonight. Then in the morning get some good legal advice, because from what I can remember reading about this in the past, you are in an awkward position. I've heard of someone who had to buy the car back, but I don't know how this would work if you've got no money.

Honestly - get some legal advice.

As Agent says.

There is NOTHING you or him can do tonight so calm down and have a drink.

Get all the original paperwork together and first thing tomorrow contact CAB or a local Solicitor (they normally offer the first half hour free) and get some legal advice.

Thanks for your replies - sorry for not responding, I was posting to others on my Chat link to this, thinking it was this thread

I just read this on Piggy's link from t'other thread:

here has however been a tendency in recent years for finance companies to sell personal loans rather than HP. In this case most of the rights given to the customer under the CCA 1974 are taken away - chiefly the right to voluntarily terminate the agreement upon paying half the total payable. Many people who have taken these loans have no idea they have a loan instead of HP as the forms they sign look very similar. If you have one of these loans you do have a right to sell the car and the finance company has no right to register an interest on experian/HPI. Many of them do register an interest but if they have you can have it removed.

This is the possibility that I can cling on to until I can speak to Santander in the morning.

If you can all keep your fingers crossed that this is what's happened.

It's a good straw to grasp on to.

Have you actually read the agreement to see if it says anywhere that it's a personal loan agreement?

The problem is, when I sold the car I only kept the loan agreement and relevant paperwork for a month or so - then in a fit of madness (was suffering with depression at the time, so all reason out of the window) I shredded everything - everything to do with the car and everything to do with the job I'd had to leave due to the illness :(

However, due to my state of mind, I remember checking the agreement and then showing to my debt advisor at CAB and then speaking to 'someone' at the bank (I think) who told me it was a personal loan - BUT I don't trust my memory from that time as I really wasn't very well and not up to coping with finances. It's all very hazy.

It's all a bit of a ball ache.

So, tomorrow - can't do anything until then. I've relaxed slightly, stopped crying, I'm such a drama queen! How did I get to the age of 33 without serious harm?

Thank you again for your replies - I'll update (hopefully good news) in the morning.

Brian I've started a thread here which might help you feel better :)

Hope you managed to get some kip.

Thank you everyone who has replied and given advice. I phoned the bank this morning, they said it was a personal loan and NOT HPI.

I've had a shocking night, still feel sick and just want to sleep. I've even had to call in sick.

BUT it is resolved, I will be ok in the next few hours and if I didn't love MN before (which I did) I certainly do now, you lot are stars.

x

Glad you got it cleared up.

Glad it's all cleared up for you too :) Have a sleep now and relax.

First of all glad to hear you got it all sorted out. Vehicle checks are usually done by the seller but not all checks include finance data and some don't check all companies.
You can find more information on this at www.vehiclecheckuk.co.uk