Quite right I was a police officer for 30 yrs and on the face of it my post should be correct BUT if the dealer sold the caravan on behalf of a customer or if yorkie bought the caravan then defaulted on hp payments as you say there may be a bigger picture and as a previous poster has said none of us are suitably qualified, see a solicitor but that shouldnt stop anyone from offering adviceSoozeeg said:
First of all can i thank all of you for taking a interest in this nightmare of mine, Im trying to take as much advice onboard from this forum as i can, I bought the van new or what i was led to believe to be new from a caravan dealer under 3 yrs ago with my debit card. December 2010 i brought the caravan back from Spain as it had served its purpose & it went straight into secure storage. Finally got around to sell it mid september, A guy was interested in the van, He had a engineer look round it, The buyer said he would give me full asking price, We went on holiday and came back to a e-mail from the buyer to get in touch with a finance company as the buyer had done a CRIS check, Thats when i learnt it had outstanding finance on it (1 of 10 caravans). This is where it all goes badly wrong for me, The buyer gets in touch with original owner whats a HP company, HP company ask him where the van is as buyer had organised a inspection, HP company organise a collection company to go get it. Im on my jollies and come back to nothing. I honestly thought untill today it was a scam. The only people who have been of any help at all are the Trading Standards, They put me in touch with their legal people and things have now started rolling, Had a brief telephone conversation with a friends friend whos a top barrister and he says ive no problem, His words was 'sue the trader and sue the storage people end of ', Trouble is the cost if i loose but apparantly ive a very very good claim. Just hope this does not become a real life scam for someone else.
Thanks for coming back to us Yorkie, and I hope now the wheels have been put in motion it will all be resolved to your satisfaction. I still don't understand who the original (previous to you) owner was though, and whether the dealers knew of the caravan's prior ownership (I'm presuming they must have known).
Parksy
Moderator
Thanks for filling in the details Yorkie, it would appear that the company who sold the caravan to you have acted fraudulently in the first instance by passing the caravan off as brand new when in fact this was not the case.
Take legal advice and you should win, you had acted in good faith and your bank statement will prove conclusively that you paid the money to the trader.
Please keep us informed of developments and let us know the outcome of the court case but until then be careful if you give any detailed information on forums because you don't want to predjudice your case in any way.
Best of Luck!
Take legal advice and you should win, you had acted in good faith and your bank statement will prove conclusively that you paid the money to the trader.
Please keep us informed of developments and let us know the outcome of the court case but until then be careful if you give any detailed information on forums because you don't want to predjudice your case in any way.
Best of Luck!
Crikey Yorkie, what a can of worms
I'm glad you have access to a top barrister . Time ti let the legal wheels act for you and recover your money.
It's a very sad day if it transpires the dealer was cheating.
If the caravan was insured have a word with your insurers too.
Good luck
I'm glad you have access to a top barrister . Time ti let the legal wheels act for you and recover your money.
It's a very sad day if it transpires the dealer was cheating.
If the caravan was insured have a word with your insurers too.
Good luck
Surely a stocking loan has to be different to HP, as no doubt many companies do this, and in theory would mean if a stocking loan was run on the same principle as HP,then thousands upon thousands of customers could buy vehicles and not be the legal owners.
Also as many buy with HP then one would assume you would not be able to get HP on your perspective new vehicle, as it would come up with already having HP on it?and surely by now there would be a string of stories concerning this type of system doing the rounds?
Also as many buy with HP then one would assume you would not be able to get HP on your perspective new vehicle, as it would come up with already having HP on it?and surely by now there would be a string of stories concerning this type of system doing the rounds?
Question is, was the caravan bought in the UK or Spain as Yorkie says that they brought the caravan back fom Spain in.december 2010? I assume he meant to say December 2009. I suppose there is always the possibility that it is a stolen caravan hence the outstanding HP. All speculation at the moment due to lack of info as it still doesn't sound right..
yorkie said:
And the Devil casts his net
There are only four caravan dealers who sell new in Lincolnshire.
BUT Yorkie I wonder where it all went wrong in the first place?? .
Anyway, best of of luck with the legal process.
Hopefully you can tell us all in due course the final outcome. I for one am intrigued , but very sorry for the problem you have.
I'm a dog so don't quite understand how a reputable trading dealer can sell you a new caravan which is already subject to some sort of finance agreement
Parksy
Moderator
Dustydog said:And the Devil casts his net
There are only four caravan dealers who sell new in Lincolnshire.
I made it five plus one that only sells used and another which can't be accessed via Google
With the understanding that we do not have all the facts, so this is supposition along with all other replies on this topic.
I too wondered if the caravan had been part of a stock that had been purchased with a business loan. Nothing wrong with that and it happens in many different industries. But suppose the dealer that arranged for the stock, then folded, or had part of their business go into administration or receivership, the stock of the closed business forms part of the assets. The creditor may have served notice that they intended to reclaim the stock, which might appear on an HPI check.
I have seen stock go missing from companies that have apparently gone into receivership, and then the stock (identified by serial number) appear elsewhere in the market place.
I too wondered if the caravan had been part of a stock that had been purchased with a business loan. Nothing wrong with that and it happens in many different industries. But suppose the dealer that arranged for the stock, then folded, or had part of their business go into administration or receivership, the stock of the closed business forms part of the assets. The creditor may have served notice that they intended to reclaim the stock, which might appear on an HPI check.
I have seen stock go missing from companies that have apparently gone into receivership, and then the stock (identified by serial number) appear elsewhere in the market place.
Parksy - Moderator said:Dustydog said:And the Devil casts his net
There are only four caravan dealers who sell new in Lincolnshire.
I made it five plus one that only sells used and another which can't be accessed via Google
Come on Parksy
You know a dog can't count beyond 4
I think my point may be flawed. If the stocking loan is correct, it does have some merit, and the dealer then went bust, the dealer wont be on my or your list
Does anyone know if a stocking loan will be revealed on an HPI or CRIS check?
Clearly a topic of interest to many, I have to assume said dealer is still operating as over the past few days Yorkie has said nothing to contradict this. Now assuming what little has been said is correct and again assuming Yorkie's caravan is one of 10 that didn't belong to this company, i am at a loss to know why as yet Yorkie has not mentioned getting in touch with the supplying dealer immediately himself ? After all they should have most of the answers?Given the so called number of caravans involved I would have thought it imperative to gain as much information as soon as possible.
Its OK going for legal advice, but getting them to get all the answers for you could be very time consuming,and frankly you may not have that much time to act, so doing the ground work yourself would speed up things.
10 caravans adds up to quite a considerable amount of money for a dealer to find in these tough times. delaying ones actions could end up costing you more than just solicitor fees.
Today is Wednesday, this topic was started prior to the beginning of this week, by now i personally would have been down that dealers Monday Tuesday and indeed in about 8 minutes time too, getting answers as it is my money that is on the line.
It could all be a dreadful mistake, but until one knows this for sure, surely the first port of call is the dealers, for some answer?
Its OK going for legal advice, but getting them to get all the answers for you could be very time consuming,and frankly you may not have that much time to act, so doing the ground work yourself would speed up things.
10 caravans adds up to quite a considerable amount of money for a dealer to find in these tough times. delaying ones actions could end up costing you more than just solicitor fees.
Today is Wednesday, this topic was started prior to the beginning of this week, by now i personally would have been down that dealers Monday Tuesday and indeed in about 8 minutes time too, getting answers as it is my money that is on the line.
It could all be a dreadful mistake, but until one knows this for sure, surely the first port of call is the dealers, for some answer?
Looking at results from a Google search on "Stocking Loans" would seem to imply that they wouldn't be shown on a HPI check.Dustydog said:Does anyone know if a stocking loan will be revealed on an HPI or CRIS check?
Well who took out TEN, HPs as yorkie has implied there is a batch of Ten caravans.....Soozeeg said:
Further to my previous post, a stocking loan it is a normal industry practice and is unlikely to appear on an HPI check otherwise it always show up on HPI's, but the key may be that if the company folded the creditors may place the stock on the HPI listings until the stock is recovered or payed off.
For anyone who has an HP agreement check your small print, because you will almost certainly find that you do not own the caravan until the final payment is made to the HP company. - one missed payment can lead to the HP company recovering the goods.
For anyone who has an HP agreement check your small print, because you will almost certainly find that you do not own the caravan until the final payment is made to the HP company. - one missed payment can lead to the HP company recovering the goods.
The small print may say that but the various Consumer Credit Acts give a bit more protection.Prof John L said:
I thought after 50% had been paid it was more difficult for the HP company but someone earlier in this thread said after a third.
In response to a previous post,yes a 'stocking loan' is different to HP because it is a loan,that does not have direct claim 'lien' on the merchandise.The loan can be secured in many ways however the finance house will normally do a regular check to ensure that the dealer has the stock it should have.
In my many years experience in the industry I have come across many ionstances where vans sublect to stocking loans are sold without clearing that eliment of the loan,however as stated before this does not allow the finance house to reclaim the merchandise from the purchaser as they have recieved clean title from the dealer.
In my many years experience in the industry I have come across many ionstances where vans sublect to stocking loans are sold without clearing that eliment of the loan,however as stated before this does not allow the finance house to reclaim the merchandise from the purchaser as they have recieved clean title from the dealer.
Hello Plotter
We are not going to be able to get to the bottom of this particular problem for some time. so until more accurate information is available, I don't think it is particularly helpful to continue to speculate. so i am going to refrain from further comment on this one untill new information is available.
We are not going to be able to get to the bottom of this particular problem for some time. so until more accurate information is available, I don't think it is particularly helpful to continue to speculate. so i am going to refrain from further comment on this one untill new information is available.
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