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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
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Lease Agreement Termination


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Hi,

 

This is my 1st posting but I would really appreciate any help and advise?

 

I am currently in a lease agreement for a vehicle which is over 48 months and then has a final balloon payment.

 

Unfortunately due to the current climate I am going to find it a struggle soon to be able to carry on paying the high monthly instalments. I have looked on the internet and there are sites that advise that as long as you are 50% of the way through the agreement you can voluntarily terminate the agreement, my only query is can this be done on a lease agreement as most advice is about hire purchase and I have found nothing on lease purchase.

 

I would really appreciate any response at all.

 

Thanks:confused:

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Hello and Welcome, Talcs.

 

I'll move this thread to the appropriate Forum, where you will get all the help you require :)

 

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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I have the terms of Lease Agreement but there is nothing under cancellation, ther ar over 17 headings, being consolidation, sales Agency, Return of Goods and Disposal, Repudiation and Termination all the others are not really relevant.

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Also, got this from Car Leasing and Car Contract Hire Directory - UK Vehicle Lease Guide and Information Centre

 

Car Leasing Early Termination

Salespeople may tell you it's easy to end the lease before your contract expires, but don't believe them. A leasing contract is fixed and may be expensive to terminate early. Usually most provider quote approx. a calculation of 50% of the outstanding payments, providing no less than 6 months remain on the car lease agreement. Personal contract purchase agreement offer slightly better option whereas you are able to sell the vehicle and pay of the settlement figure given at the point of wanting to early terminate. Whereas, with a Personal contract hire this option is not available, because your agreement is a hire agreement and doe’s not offer the same benefits, albeit the provider may offer you the vehicle to buy at their price.

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Thanks, I take it from reading the information my only option may be to swap the lease and try maybe to downsize..... I presume that there is a fee for this too.

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  • 3 weeks later...

It dpends on your type of lease to be honest.

 

It depends on whether you primary and secondary rentals.. most lese agreements can only be closed by paying off the primary rental period ( which is the cost of the car in most cases).

 

You can try and swap the lease, it depends on the company and what type of agreement/lease you have.

 

If you have a Balloon payment at the end, this doesnt sound like a lease agreement, its either a Lease with a buyback, or a HP with a balloon.

 

Its best speaking to your lease company first to find out EXACTLY what sort of agreement you have, then look through your terms and conditon, or ask them to send out a copy..

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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I have looked on the agreement which I have, and it is through ING Lease The name on the agreement is Lease agreement, there was a 3 month rental deposit - then 48 monthly payments then 1 monthly payment of a balloon payment????

 

It does say within the Financial details Primary period of Hire..

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I bet the baloon payment is enormous, this is your option to purcahse! or if you hand car back they will let you have another car and it will start all over again. sounds like its heads they win, tales you loose.

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A lease agreement would not have an option to purchase or a ballon payment at the end.

 

If it is a lease it could be that the payment at the end is the Residual value of the car.

 

Witout looking at the agreement i couldnt tell you.

 

If it is a lesae agreement then the 3 month rental deposit, is just an INITAL payment, its not classed as a deposit as such, because you arent buying the car, you are only leasing it.

 

If it is a lease, and it mentions Primary rentals, then it should also mention Secondary rentals.

 

Basically you pay the monthly paymen for 48 months, this will cover the cost of the car ( if your intial payment and your subsequent 48 months payment add to the cost of the car then your secondary rentals after 48 months should be roughly one months payment spread over a year.

 

You then make these secondary rentals to the finance company but keep the car.

 

With a lease if you want to terminate it within the primary rental period then you will have to cover the cost of those rentals for the remaiing 48 months..

 

It depends on what tye of Lease agreement you have. A lease agreement with a ballon payment sounds like a buyback option tbh.

 

 

Some companies will have their Terms and Conditons on the back of the agreement, some have them as a seperate document that you read. Your signature on the agreement shows you have read and understood them.

 

ask your lese company for a copy of the terms and conditon if you havent got them and it should become clear... well once you understand it it will.. :)

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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