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Car finance co won't remove HPI marker..


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Hi all

 

Having a problem with Creation finance- we have a car we bought with a fixed term unsecured loan (not Hire Purchase). We have been told the car is ours (still halfway through paying), to do with as we wish (obviously still paying the agreement). However, when we came to swap it over for another car, the dealer says there is a HPI marker against it so he can't. After googling, I found a guy who had the exact same problem and was told no way no how can they remove the marker unless the account is settled- however when he started quoting legislation etc the lady removed it, within 72 hours! I am having no such luck and just spoke to the most obnoxious bloke there, who refuses to do it and advises to write a complaint. The car we have saved isn;t going to be there forever and the dealer is happy to tell Creation he plans to buy the car (Creation said once the logbook is chaged over, they HAVE to remove the marker- but the dealer won't change the car over UNTIL it is removed, catch 22 really). Are they allowed to do this? Who can I speak to higher up to sort this without having to write and lose the car we have saved.

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Well, they either have a financial interest in the car (ie. hire-purchase) or they don't (ie. it's a loan, like you would get from any bank).

 

This thread on CAG talks about the same problem.

 

You should get Creation (who no longer seem to offer personal loans, BTW) to confirm in writing that they hold no interest in the vehicle, then write to them instructing them to remove the marker (I suspect you could quote some part of the Hire Purchase (as amended) or Data Protection Acts, but I'm not sure) then just go to the Office of Fair Trading and your local Trading Standards.

 

It's unlikely to be quick. If you can afford to settle, you could do that, or get it built into the cost of your new car or something (only for the purposes of getting the dealer to take it with the marker, I'd never advise getting into more debt if you don't need to).

 

Out of interest, is it a significant amount outstanding?

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They said they definatley do not have an interest in the car and it is not HP.. which is why I can't understand them being so rigid about this marker. It's a fair amount outstanding that we cannot settle. All we wanted was a straight swap with a different car but we are stuck- have emailed a few people and will try to call them when they are open to get a quicker response but talking to anyone at Creation is like banging your head against a brick wall!

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I know the temptation is to call them, but unless you want to get in to recording your calls then post or email is the way to go.

 

You could try this thread although I suspect the latest poster might actually be you from the information given.

 

I still think the OFT and TS are the way to go, although I suspect you'll have to threaten them with this by letter and then probably actually go through with it.

 

The only other threads I've found about this are to do with Creation. Ignore anything they have to say about changing the logbook, it's rubbish.

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Righto.... bloody annoying, all seems so pointless- why are they being so difficult?! Will try and call the OFT and TS rather than waiting a response to the emails I have sent, and put it all in writing. Just a shame we will lose the car we spent weeks finding in the mean time!!!

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