Barclays Partner Finance - Fixed sum Loan - Car finance HPI problem

[sdnatlst]

Hi guys, i have a BPF fixed sum loan agreement which was taken out for purchase of an ex demo car from Hippo Car Leasing.

 

The agreement is in my mothers name due to her having better credit than me,

 

The problem is, i now want to sell the car and believe that under Fixed Sum Loan agreements, it shouldn't be secured against the car but a personal loan.

 

I have HPI'd the car, and finance is showing on the car?

 

I do not want to trade it in at a dealer, as it will have negative equity of around 3-4k as the mileage ive used is quite a bit more than normal.

 

Basically what im asking is, can Barclay's add the car to the HPI register legally, as they have, and do i have any rights in asking them to the remove the HPI marker allowing me to sell the vehicle privately?

 

Have attached the Loan agreement which we signed.

 

Hope to hear from anyone with help.

[slick132]

Hi SD and welcome to CAG

 

I have removed the document from sight for now as you left YM's personal details showing.

 

You can repost the doc't AFTER removing all personal data.

 

[sdnatlst]

Sorry about that, thought id done it, have re posted it here.

[slick132]

As regards your query, have you contacted BPF and/or Hippo Car Leasing to ask why the loan is showing as secured against the car when it is not.

 

I'll move this to the Vehicles Finance and Repos forum where you should get the help you need from folk that know more about such matters.

 

[sdnatlst]

Hi i haven't yet this is my plan of action tonight when home from work

 

the reason im asking here first is because i do not want to ring Barclay partner finance blind, i want to ring them with some legal advice first as to where i stand and if it is actually not allowed for them to be doing this.

 

also that i am right in saying the agreement ive posted up means it is not secured against the car and they should remove it.

 

 

i don't think hippo will help at all as they was just the broker, if you like.

[dx100uk]

it doesn't say personal loan

so as it mentions the car specifically

then it is against the car.

 

 

dx

[sdnatlst]

Oh really? Thats annoying,

 

Just through reading online i thought Fixed Sum Loans couldnt be secured against a car, surely it should be a HP agreement?

 

It does read, this is an agreement between BPF and CAROL (my mum) rather than stating about a car.

 

Am i grasping at thin air?

[theoldrouge]

Where you purchase a car using a fixed sum /personal loan

 

although the loan is not secured against the car

 

it is normal practice to record this on hpi register

 

it isn't an hp agreement and the t&cs of hp do not apply

[sdnatlst]

@theoldrouge

 

many thanks for this, i have written to BPF asking them to remove the car from the register, i can't see they can legally decline if the car isnt secured against the loan, as it is my property

[steveoram1]

As this is a loan agreement and not HP or Conditional Sale they have no right to record this on HPI. Phone them and tell them to remove the register record pronto or you will complain to the ICO. They seem to want it all ways but this is not allowed but is routine. 17 years car finance experience.

[slick132]

I suggest you keep all comm'ns in writing only so you have a proper record of exchanges.............

 

............. unless you make and keep recordings of all tel cons. See this link - record your calls

 

[sdnatlst]

thanks for all of the help on this, im much more happy now i know what i originally thought seems to be correct.

 

Ive sent BPF an email asking them to remove the car from the HPI register straight away!

ill give them 48hours to reply before putting in a call too, i was going to write to them recorded delivery but there only point of contact is a PO box which dont accept recorded letters so thought may aswell just email!

[sdnatlst]

hi slick132, good news the marker is removed as i just done another HPI check today and no oustanding finance so happy

 

please can you remove the Attachments in the thread for me? thankyou

[theoldrouge]

Good news sdnatlst

 

This is the excuse from hpi for doing this

 

 

Personal Loan

The lender has no claim on or interest in the vehicle but has registered the existence of a personal loan as part of the Governments Responsible Lending drive. If you are concerned because the vehicle you are looking at has this type of finance, you should seek clarification from the lender and the seller of the vehicle.