Hi, no that doesn't make sense. Could you tell me what that means? Thank you.

We have a hp agreement with wrong details on it. They have now issued a warrant for repossession, that also has the same wrong details on it, which has resulted in a bailiff arriving here, to repossess the car, but couldn't take it because the details were wrong. We have tried to excersise our right to rescind the agreement. But they are saying because we defaulted on payments the contract is void although we did bring this up before we defaulted on payments. What I'm writing for is to ask if anyone knows of any solicitor who specialises in this sort of case. As we've spoken to a few who we're honest enough to say they have no idea really. And what we really need now is someone who knows what they are talking about, because we've tried to deal with it on our own and it just hasn't worked! Thank you.

Yeah that's what I fear. However we didn't receive the full Contract until 2009 with most of those details on it. Will that help at all. And as they wouldn't take the car last time, will they be able to do it again?

Just thought I'd post an update. Dh called ag finance today. They said they have recieved our letter, but as we have defaulted on payments the contract was already broken so our right to rescind means nothing. Anyone know if they are correct?

Just thought if any of you had been reading this or we're about to give some advice, I'd give you an update. Dh phoned the finance company today, they have recieved the letter and sent us out a response. But they are saying our right to rescind means nothing because we have already broken the contract by not making the Payments. But do they not realise if We'd have known about our right to rescind before hand it would never have gone this far? Again, need some advice!! Please please help!

Yes that's it. Scroll to the top. It's a long one though. Thank you.

This is the whole story I hope. http://www.consumeractiongroup.co.uk/forum/showthread.php?372500-please-help.&p=4052569&highlight=#post4052569

Yeah it is. Hang on i'll pot you the link to my other thread.

Thank you, they did do that, we thought we were getting a 0% finance deal. Which we didn't it ended up being 2% we did question it on the day but were given waffle to explain it which seemed to make sense at the time, but later on furthur thought it didn't. However we would never be able to prove this. But this wasn't the only wrong thing. The rest is in black and white. They have tried to reposses the car but the baliff refused to enforce the warrant because the car on the warrant wasn't what we have?

This is what it says in the agreement. Word for word." if any of the above statements is untrue, (whether I/we are aware or not) you shall at your option either to rescind the sale of the goods to you or require me/us to make repayment to you in accordance with 3.2.3 below or to require me/ us to indemnify you against all losses suffered by you by reason of such untrue statements.3.2.3 you shall be entitled to rescind the sale (if made) of the goods to you and I/we shall upon your request make payments to you of all amounts paid to me/ us by you (including any commission) in respect of the agreement or, where all or any of these amounts have been credited but not paid you shall be entitled to debit out relevant accounts with such amounts.That's what the agreements says.The agreement, amongst other things, says we have a KIA sportage diesel estate. What we actually have is a KIA sportage petrol hatchback. There are other things again on my post in vehicle repossesions, you would be able to see them. Thank you for taking time to answer.

Is that the only form of right to rescind that there are? I only ask as the wording on the contract doesnt mention the other party. However if that is the case, Kia finance/AG finance, won't do it we've been back to court so many times asking to lower the payments and they wont' have it, even though they don't even turn up

Hi everyone, does anyone have any information on this? Thank you?

Thank you everyone for some great advise, looking into whether they legally have to pay back the money is something they hadn't already thought of. But how would we know?

Yeah we did send it recorded. So they've no excuses! Thank you all for taking your time to answer.

Well we've sent a letter saying that we'd like to excersise our right to rescind. That was about a week ago and as usual we've not heard anything yet. Thing is we don't actually know what this means, we're only guessing.

" if any of the above statements is untrue, (whether I/we are aware or not) you shall at your option either to rescind the sale of the goods to you or require me/us to make repayment to you in accordance with 3.2.3 below or to require me/ us to indemnify you against all losses suffered by you by reason of such untrue statements. 3.2.3 you shall be entitled to rescind the sale (if made) of the goods to you and I/we shall upon your request make payments to you of all amounts paid to me/ us by you (including any commission) in respect of the agreement or, where all or any of these amounts have been credited but not paid you shall be entitled to debit out relevant accounts with such amounts. That's what the agreements says.

We're having problems with Kia finance (see my post in vehicle repossessions.) but have noticed on the finance agreement it says if anything is in correct we have the right to rescind. What does this mean?

Thats brilliant thank you i will do that.

Does anyone have any information on this that may help?

Once i have got that information, what should I do with it.

Just wondering, I've read a lot of threads about bankruptcy, where people haven't lost their homes? How is that possible? My parents incurred lots of debts when my dads business folded about 5/6 years ago, the are slowly paying it off, but drowning in it. Could they file for bankruptcy and still keep their home? That's the only reason they haven't so far is because they think they will.

What's that?

Sorry it's late I get the yes wrong vehicle bit now I read the last bit of my post.

Sorry, what do you mean, yes wrong vehicle? They did have the reg, but baliff manager at court said no to repossession.

Ive also posted about this on car repossessions, but one of the things I asked is specific to the baliffs, so thought I'd ask here too. About 2 months ago, baliffs turned up on our doorstep with a warrant to repossess our car. At the last minute my hubby mentioned that the vehicle on the warrant was a Kia sport age diesel estate. We have a Kia sport age petrol hatchback. The court baliff called her manager, who told her she was not allowed to enforce the warrant. So they left. We went back to court where the judge again said pay the correct monthly amount or the car will be repossessed. So what I need to know is, can they change the details on the warrant, and if not, if they turn up again, and the details are still incorrect, can we stop them from taking it? Thanks in advance for any help.