Jump to content

British Credit Trust court action Help!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5037 days.

If you need to add something to this thread then


Please click the "Report " link


at the bottom of one of the posts.


If you want to post a new story then


Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 



Recommended Posts

hi guys,


I need some help again of anyone has 5 mins, i took out hp with bct for a vehicle on the 16/11/06. i paid £12995 less a deposit of £2250 leaving a balance of 10745 to finance


the total charge for credit was £5089.00.


I get slightley confussed here as they say the total purchase of the vehicle was £18084.00 the paid up sum is 4102.45 and the unpaid balance is 13981.55.


in the contanied terms of the agreement they say as above 12995 less 2250 plus chargews give a hp payable balance as 15834.00.


at the time of returning the vehicle there wasa default of 901.42 including charges. the vehicle was returned to there offices in slough so there were no further recvery costs for the vehicle, they then issued me with a termination notice. I had however stated in a letter handed to them that i wished to reutrn the vehicle.


i recieved a letter last week asking for the balance of 7589.37.

i then yesterday recieved a county court summons for oxford cc for the sum of 7914.37 inc costs and fees.


the net sale proceeds from the vehicle where £6543.72 i would imagine they have charged for selling but they cant surley have charged for transport etc etc as the vehicle was delivered back to them.


I have done a parkers price check on the vehicle and it is as follows, dealer £13195 private£11195 part ex £10475. I thought that they had a responsibility to achieve the best price for the vehicle under the cca?


I could use some help with my defence please





Link to post
Share on other sites

If you wrote to them advising of your intent to terminate the agreement and return the vehicle before they defaulted you, then you have a good case, but if they terminated the agreement first you are potentially liable for all the payments due under the agreement I'm afraid. If you gave them a letter terminating the agreement then upon return of the vehicle you are only liable for half the payments due under it, and that includes the deposit as stated on the HP agreement. (The vehicle must be in decent condition and have been looked after etc)


The finance company does have to get a reasonable price for the vehicle but in practice that is very likely to be seen by a court as what the auction achieved unless it is way out.


I agree that they cannot charge you for the cost of getting the car back when you returned it to them - they may have just added that on automatically. They can deducted cost of sale from the auction price.

Link to post
Share on other sites

hi and thnaks paul & edz,


the vehicle was in excellent order when returned, i had a number of conversations with them before sending the vehicle back, where they tried to find way sof me keeping the vehicle, they spread the arrears over a few months but this merely compounded the problem.


i did write to them by fax to let them know i was termintaing the agreement, i think i used the template from here.


i dont have a scanner so posting the docs is a bit of a problem





Link to post
Share on other sites


  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...