There have always been opportunities for shenanigans with stocking loans, and with the cashflow problems dealers are currently facing there must be temptation for some.
Registration of the loan with HPI suggests that there is a lien of some sort on the car (standard practice) and thus the dealer does not have clear title to it. A seller cannot pass on a better title than he has himself.
Using a credit card (within the financial limits in CCA) will give s.75 CCA protection - i.e. the credit card company will be jointly liable with the dealer.
For better protection, acquire the car on HP/PCP using a credit card for the deposit, even if you pay off the HP/PCP shortly thereafter. The reason is that when you do this, in law the finance company buys the car from the dealer and supplies it to you. You have no contract with the dealer who merely acts as an agent for the finance company as far as you are concerned.
The finance company is entirely responsible for issues relating to the car including, importantly, under the Consumer Rights Act (rejection, repair, etc.) and will not go bust and be unable to comply with responsibilities. Also, the finance company will be regulated by the FCA which means that if they fail to meet their obligations the matter can be referred to the Financial Ombudsman (slow but effective in my experience).
In my opinion the small amount of paperwork etc. doing it this way is well worth it for the extra peace of mind, especially in a transaction of this (assumed) value.
Edited by joegrundy on 15/08/2022 at 07:21
|