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HP payments and goods


nattyjay
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I have looked through the FAQ and I hope I am in the right place here but I do hope someone can help me here, I am at my wits end with this

 

Being a single parent I took a Television, DVD and video through HP in 2004 where you pay by putting money in the box each week(which has been over £60 per month), it was over a period of 3 years. I think it was about £1000

 

In 2005 I got a washer by the same method.£500

 

In January of last year I was told by the collection agency that they would be paid for in March of last year so I took a computer, printer and digital camera by the same method.£2385

 

I have been satisfied with this as it is the only way I could afford these things.

 

The issue is last week I asked how much I owed and was told I still owed £2860. When I asked them to clarify the amounts they told me they would send me a statement through the post and...to put it bluntly ...I got nowhere with them on the phone, all they said is that it was a 'rolling debt' which I am at a loss to understand.

 

My point is after March when the others were paid off, then all the money would be coming off the computer, so how can my debt still be this much?

 

In the end I told her to come take the box off the TV until this was sorted as I wasn't paying any more money until it was to which she told me that they would come to my home and take all the goods back.

 

Can they do this? and would my next port of call be a solicitor which I have never experienced? and do they have to take the box off, because I insist, because she said they didn't? What would happen if I got another party to take it off would they take me to court?

 

Please help me because I don't where else to turn and I definitely dont know my rights here. Thank you all.

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Guest louis wu

I think the first thing to do is not panic.

 

If they are unwilling to supply you with a statement, then send a sars request.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

you will need to adapt it slightly for your own needs, but you are asking for a list of all money paid (statements), lists of any charges, interest charges, and a current balance (along with anything else you may require, which basically means copies of all comminication between you and them)

 

They will have 40 days to respond, and then you can see xactly what your ealing with. There is a £10 fee, which is not refundable (although you may be able to claim it back through the courts later).

 

In the meantime, I would continue to make your payments.

 

As to the collection of your goods, they can only collect goods that you have paid UNDER 1/3 of. For example, if your washing machine was £300, and you've paid £101, then can only reposses it with a court order.

 

I can't help with the box, but these DCA's will tell you anything (legal or otherwise) to get you to do as they want. Do some reading, research this topic. Hopefully, someone with a bit more knowledge than me will give some further advice soon.

 

good luck

 

louis

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Hello there.

 

I think it would be important to consider a CCA request to obtain a copy of the agreement and also a full statement of account for any of the active agreements, this way we can ascertain exactly what is going on. The precious poster is quite right about the 1/3 rule, one thing to consider is that even if you've not paid 1/3 of the goods although they have a right to repossess the items without a court order they do not have a right to automatically enter your property where the goods are being kept.

 

Prior to them taking ANY further action they would need to serve you with a default notice in the correct format, this would give you 14 days to remedy the 'breach'.

 

I know this may seem harsh but if you could keep making the paymets whilst we work out what the situation is it would be really helpful.

 

If you are unaware what a CCA request is please let us know so that we can assist furthermore.

 

There are plenty of options on this one, some i've not touched on at all, hang in there :)

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Thank you so much for your replies, I feel better now I know there may be something I can do rather than let these people walk all over me.

 

If you are unaware what a CCA request is please let us know so that we can assist furthermore.
I am sorry but I don't know what a CCA is.

 

As to the collection of your goods, they can only collect goods that you have paid UNDER 1/3 of
This is where I am getting confused....I got my first goods in 2004 over a period of 3 years, but on the telephone she said it was a rolling agreement which I understood her to mean that if there was say £100 left owing when I got the washer, it 'rolled' onto the next one, whereby, in effect, I still owe this £100 and they can repossess this item....this is one of the parts I am getting confused with. Surely if there was say £100 left owing then within 2 months it would be paid and more.So with the third rule, the TV should be paid for and the washer. The computer I got in October 2006, over 3 years the same, so should have paid a third on it also.

 

oh, by the way, are you 100% it is a HP agreement?
I think it is...I pay for the item until it is paid and they maintain it for the same, after which time it becomes mine.

 

Thank you once again for giving your time to reply to my post.

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Guest louis wu

When you purchase goods by credit, you are given (or supposed to be) a Consumer Credit Act Agreement to sign.

 

Some of these agreements are incorectly filled out by creditor.

 

Have a read of this and see what you understand. To be honest, it should be looked at thoroughly before going down that route, and I would recommend at least a couple of weeks reading before embarking on this

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/105315-my-agreement-enforceable-useful.html.

 

Next, you should dig out all your paperwork pertaining to this, and if possible make a file in date order of everything you have. It will be useful later.

 

You should have a copy of your terms and conditions, that should explain how they calculate their payments, if you can't find yours, don't worry, they will have to supply it in your sar's request. This is also the reason you need the statements.

 

Finally, do not engage in any conversation on the telephone, not even to confirm who you are. I should have mentioned, many people believe you should never sign a letter to a DCA, or at least do not use your everyday signature, some have been known to copy it for their own uses. Insist on evrything in writing, you can do something about nuisance calls, but we'll cross that bridge if we get to it.

 

louis

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