If this is a typical finance lease, you will find you are liable for the full cost of the original lease payments, less a small rebate for early termination, less the sale proceeds of the equipment (which will probably be pretty negligible). The promise of equivalent payments from the original supplier is a common sales technique but unfortunately not the finance company's issue when it is breached. In practice, however, the finance company would probably accept a lump sum payment of around 50% of the debt, or even less, to get it off their books since you appear to have no assets.

OK so the guy you swapped with was BH's hirer? If so the car is not yours, it still belongs to BH and they could simply seize it if they wanted. As to your car, you've lost title to that too - what you do have is a money claim against the person you swapped with for the value of your vehicle.

Restrictions are useless. All the selling solicitor has to do is give notice to the holder of the restriction that a sale has taken place, so it's a fait accompli and there is nothing the restriction holder can do about it. Not that most conveyancing solicitors know that.

The CCA agreement regulations don't apply to overdrafts.

You are not an innocent purchaser because there was no purchase. It was a swap. Your only hope is that someone further up the line was an innocent purchaser, but you're going to have to do all the legwork to find them - it is not for the finance company to get to the bottom of it. If you do end up having to hand the car back you will of course have a claim against the person you swapped the car with, though that might not be worth anything.

What is the basis of their demand? You might be liable if it relates to damage to the vehicle. If not and it relates to the balance on the agreement after sale of the vehicle, you aren't liable. Unless, of course, they had already terminated for arrears prior to you exercising a VT.

It's a defective default notice and the finance co can't rely on it. I would keep it up your sleeve, it could come in useful further down the line. Only if you can't pay the arrears, of course.

GAP won't help you even if you had it. You are in breach of contract by not insuring it fully comp, so no chance of a GAP payout. The loss is yours, same as if it was a cash purchase.

Apply for a time order, you will get it. Reading between the lines you have not yet paid more than one third of the total purchase price of the vehicle, so they can repo it without a court order even though you are in Scotland. That would be the nuclear option so you need to avoid it.

You need to know what sort of finance agreement is involved. If it is hire purchase/conditional sale, you might have acquired title. If it is a hire/lease agreement you have a problem. Ask the finance co for a copy of their agreement.

Sounds like they have issued court proceedings seeking a delivery order. The court has the power to suspend any delivery order on payment terms. If you are in a position to pay the missing instalments now and the remaining instalments going forward, make that offer on the forms you were sent by the court. Undoubtedly the court will make a suspended order. In fact, the finance co would be very unlikely to resist it. All you need to do is make sure you make the payments as ordered by the court as otherwise they can repo the car without your assistance.

The HPI issue is a red herring. There is no obligation on the finance co to register the vehicle, so it is irrelevant whether there was a clear search or not. Occupational hazard for a car dealer. However, if the finance company has accepted that you are an innocent purchaser you have title and that is the end of that. You do not need the finance company to "give you" title, you already have it by operation of law. The finance company might have a claim against the dealer but that's between them.

Almost impossible to appeal a small claims decision. Think you'll have to take it on the chin.

Haven't read the whole thread but, in respect of the overdraft, there is no requirement for any written agreement complying with CCA regulations. Overdraft agreements are exempt. Also, since they are repayable on demand, there is no requirement for any default notice to be served prior to issuing proceedings. A default notice is only required if they are looking to accelerate payment; so in respect of the loan agreement, if the loan term has already expired they do not need to serve a default notice at all. In any case, they are entitled to sue you for any arrears without serving a default notice.

Arguably you might have successfully disputed the costs element of the claim had you defended that part, but seems you filed an admission and offer so they were entitled to proceed to judgment for the whole lot. Quite likely they wanted to secure your offer with a court judgment so they can go straight to enforcement if you default. Any application to set aside now would be doomed.

Don't waste your time pursuing a defence based on providing copies of the agreement. They only have to provide you with a copy of the original agreement, which it is permitted to reconstruct rather than be an actual copy. Seems they have complied - what you have asked for is not relevant, it's what they are obliged by the CCA to provide that is. Santander acquired GE's card business a few years ago so your relationship is with Santander now not GE. Not sure about whether the default notice is defective, but even if it is they are still entitled to sue you for the arrears. Suggest you make a part-admission for the amount of the arrears and dispute the remainder based on a defective default notice.

The short answer is that no enforcement can issue whilst an instalment judgment is up to date. This includes a charging order, even though strictly a charging order is not enforcement. All solicitors know this, so must be an error or incompetence somewhere down the line; just point out that you are up to date under your instalment order and they should leave you alone.

Make a request under section 77 of the Consumer Credit Act 1974, and don't forget to pay the statutory fee of £1. They will be obliged to give you a copy of the executed agreement and a statement of payments made. If they do not comply within 12 working days, they will be in breach of the Act and will be unable to enforce the agreement (until they do comply). If after a month they are still in breach, they commit a criminal offence.

You can terminate the agreement at any time, provided they haven't terminated already. The fact you made an arrangement does not invalidate, cancel, or otherwise negate the effect of the Default Notice. However, you have to check the wording of the Notice to see if termination happens automatically when you fail to remedy the default, or whether it requires some other act (like Welcome notifying you in writing of termination). You should also check the termination clause of the terms and conditions of the HP agreement to see whether they have to terminate in writing. If either the Default Notice or general terms and conditions require them to terminate in writing, and they haven't, then you still have the right to VT - Welcome of course do not want you to VT because they will lose money.