Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR?

[abs184]

Hi,

 

First time posting on here. After reading some of the posts I looked over my own HP agreement which was entered into before April 2007 and found that it is unenforceable. This being the case who does ownership of the car lie with. Is it me or the creditors. Also, if they can't enforce the agreement and force me to make payments, can they recover / repossess the car?

[raydetinu]

If it is on HP as you say then they own the car not you; until all monies are paid. What makes you think the agreement is un enforceable?

[abs184]

thank you for your post. I have had a hell of a lot of time on my hands since I had to stop working and have read a lot on consumer credit etc. I will need to pass it through a solicitor but I think that the agreement is unenforceable because the figures in the agreement are wrong. My receipt from the dealership say purchase price £10,500.00 with acknowledge of receipt of £200 by way of a deposit. However the HP agreement has on it purchase price of £10,900.00 and Payment Protection Insurance and no mention of £200 deposit. As I understand it, if the discrepancy is because the dealership made commission that should have been disclosed to me - if it was anything else it should have shown as a charge for credit. It didn't. Because it was entered into before April 2007 I believe it is entirely unenforceable.

 

I never asked for PPI and it was inserted without my permission. Also my circumstances were such that it would not have been appropriate to sell me PPI.

 

In addition to the agreement being unenforceable I think PPI was missold to me and there has been an undisclosed commission by the people at the dealership (hence the discrepancies in figures). I wanted to recover compensation / damages whatever it is for these but I didn't know where I stood with the car I haven't paid one third off yet so it is not protected under the CCA 1974

Edited May 26, 2009 by abs184

[postggj]

who is the finance co

 

sounds like yes car

 

if the agreement is crap and they repo with out a court order, they are in big trouble

 

sorry did not see you have still to pay a third

[Josie8]

hp agreement unenforceable - you can keep the goods

[abs184]

postggj - its not yes car

 

josie8 - do you know if there is any authority that I can keep the car?

[raydetinu]

Did you sign the agreement form with all the figures and sums disclosed, at the dealers; if so then its a valid agreement, you signed it, you had the oppotunity to check it there.

if you signed it later, when sent through the post, you would have had 14 days to check it and decline it if you wanted.

If they added the insurance later and took the DD amount, then you can claim that back as that would be subject to seperate agreement that I pressume you did not sign up to.

[ncf355]

Did you sign the agreement form with all the figures and sums disclosed, at the dealers; if so then its a valid agreement, you signed it, you had the oppotunity to check it there.

if you signed it later, when sent through the post, you would have had 14 days to check it and decline it if you wanted.

If they added the insurance later and took the DD amount, then you can claim that back as that would be subject to seperate agreement that I pressume you did not sign up to.

 

 

 

Err I beg to differ!

 

Your logic is very flawed, otherwise Wilson would never have won her case?

 

 

It is most certainly not enforceable if the figures dont tally with the garage receipt - it is quite right that this could suggest undisclosed commision which would make it unenforceable

 

What are the figures, ignoring the amount on the receipt and just taking the agreement at face value, do the figures for the interest charged add up?

[abs184]

ncf355 - I'll have to go through the figures again but I'm sure they add up - thats if they are taken at face value not including whats on the receipt and the fact that the deposit of £200 is not acknowledge of the HP agreement itself.

 

I read wilson but didn't know if it applied. If i'm not mistake that was a loan agreement for fixed sum with her car as security. different to a HP agreement isn't it? does wilson apply?