Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I purchased an 'R' reg Citroen Saxo VTR 3 yrs ago. After a week it was returned & the agreement cancelled after it was found to be a previous write off.
In order to compensate me for any trouble caused the dealer gave me £250 & said he would cancel the agreement. He then said I could pick a new car off the forecourt - which I did. He then said that I will have no paperwork to fill out as he would arrange it.
Subsequently 2 days later I picked up my new car & signed no paperwork.
However, this car had an electrical fault which was identified by the dealer & I had it back & forth to the garage 8 times, they advised me there is a fault but they dont know where it is coming from so I had to live with it. I contact the HP company & advised them - I asked them for assistance to which the response was 'tough- there's nothing we can do to help'!! After it kept cutting out on me & shutting down in the fast lane on motorways I contacted the finance company & advised them as they weren't willing to help I aint paying another payment or using it until it is fixed.
As a result they repossed the car & I had a CCJ reg against me.
My questions are:
1* By not having a signed agreement could they take back the car?
2* Could they register the CCJ?
3* Should they have helped me sort the problem out if it was faulty?
4* what can I legally do now ? as I have purposely left the account open & not cleared the full amount since joining here.
I appreciate what I did was a little daft but at the time I was young, daft & just wanted to sort it out. No nelp or advise didnt pay off !!!
OK... I'll start by saying that you should not have stopped paying regardless of the issue. Simple fact is, you dont pay, they will file against you
But... now I can speculate... as far as I can see... no sign, no contract. I know for sure especially after the whole saga on trying to get my HP sorted out... they lost the signed copy and because of this, they could not start the agreement until it was done...which was almost a month later.
Fact of the matter was, if I didnt sign it, and they did not have the signed original (+ copy with the HP company) then there was no contract... so my question is, what did they give the finance company to start an agreement on you?
I take it logbook and what not is/was in your name?
As for helping you out... yes they should have helped you out but i'm confused with the dates.
Did the car crop up with issues straight after purchase (ie: 3 year ago?) or did it happen recently?
As far as I can see, you were covered by the sales of good act but I dont know how it works with a car that old... you expect it to work more than 2 days so at that point, you had a case.
Someone with more experience will come in and help you out
Yes the logbook & everything was in my name & the fault started immediately after purchase.
As for the finance agreement I never received or signed one for the replacement vehicle as the dealer was arranging this for causing me inconvience - ie selling the dodgy car (saxo) before i picked up the replacement.
All the finance company can tell me & their solicitors is that they dont have a copy of any agreement - but the vehicle reg they have on file is for the new car not the original one that was sent back within days.
So from what they are telling me I can deduce they have just switched the reg numbers over on their systems & not reissued any agreement or paperwork...
If they have no signed agreement then they can whistle for any monies, but you should attend any court hearings for judgement and point out that no signed contract exists, therefore no judgement can be made.
HP Agreement Help Needed!!
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Re: HP Agreement Help Needed!!
