Car Hire Purchase Agreement Question

[lookinforinfo]

Hi Andrew-long time since we last spoke- I am pleased to see you are still here.

While BFD is quite right, bear in mind that many companies totally ignore the law and will often repossess regardless of the legal situation. In the light of what you have said about two defaults and only two payments missed, your friend might be in danger of losing the car, so they should keep it well hidden when not in use and the doors locked while driving.

Probably doubtful if either default is legal-have you seen them?

 

Regards Cynthia.

 

To all readers of this post except Andrew, my name is not Cynthia -that name is just a private thing between Andrew and myself.

[lookinforinfo]

As he has paid over half, he has a choice.

He can either hand back the car voluntarily amd have no further payments to make [except the outstanding payments and if there is no damage to the car], or he can keep the car as long as he keeps making the payments.

If he wants to keep the car he is best to contact the lender and make an arrangement to bring the payments up to date. At the same time it might be advisable to point out that to recover the car would require a Court Order, just so they know that your friend knows the situation.

[lookinforinfo]

Ideally the best thing that could happen would be for the bailiffs to repossess the car. As he has paid more than half, it should require a Court Order and that would not be granted whilst they are in breach of the CCA. So your friend would get all the payments back plus probably some sort of compensation for his out of pocket expenses after the repo. So best leave the car on his drive way.

 

If he doesn't want that to happen then he can do as you suggest. Best to contact the company though and tell them that the lack of the executed document makes the contract unenforceable but as he wishes to carry on using the car, he will continue to make the payments. But point out that in breach of the Act, they cannot pursue him -ie repo the car.

[lookinforinfo]

You could always write to the Court complaining that the plaintiff is not answering your questions with a view to settling the dispute and you do want the issue resolved-even if it means coming back to Court- which is in nobody's interest.

[lookinforinfo]

Andrew, there seems no doubt as to the facts of the case. But your friend will need to look realistically at what he wants to get.

 

Obviously, a complete refund of all payments made less any arrears.

Compensation may pose problems. The Judge should have no latitude in

allowing the refund, though it may go against his sense of fairness. To claim too much in compensation may really offend his code of Justice.

 

You may have to point out to the Judge that not only did the Company not have the right to repossess the vehicle, they should not have disposed of the car either. And then to compound their errors in Law, they then pursued your friend for the outstanding balance. Even now, almost two years later, they still appear reluctant to admit they are in the wrong, piling extra pressure

and expenses on your friend.

[lookinforinfo]

First thing should be that the Court costs are non negotiable. They took your friend to Court when they were in breach of a Court Order. Your friend was the aggrieved person who did have a case for going to Court not them.

 

I suppose under Common Law the ideal would be to return the car, pay YF some compensation and carry on from there. In other words to put YF back to the position they were in before the hire company breach.

 

As that is not possible, then a refund of all premiums paid to date, plus compensation for putting them through all the hassle of taking the car and them to Court. Plus out of pocket expenses as a result of not having the car. Plus the difference between the cost of the car that he bought then and how much one will cost now. Plus Court costs. That would be a minimum.

[lookinforinfo]

On the other hand she could be playing a more crafty game. By delaying things she may be hoping that YF will crumble and agree to accept a lesser amount.

Just in case, might be an idea to let the Judge know she is deliberately stalling to put pressure on your friend, while at the same time disrespecting the Judge and Court.