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Court re Car Hire Purchase Agreement – help please!


Trudy B
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A friend has had a problem with debt relating to his car which I said I would try get some guidance from you guys with.

 

Purchased a car in April 2005, 4 year deal, in 2008 lost his job and got into arrears.

It was a hire purchase agreement.

 

The car was voluntarily picked up by their agents and solicitor on 31st March 2009 but the solicitors did not stop the court case for possession in April even though they already had the car in their possession.

 

He said he got a letter from the court but can’t find it – he said he thinks the case was put on hold with leave to go back for a money order or something.

 

With arrears and fees etc they are now asking for nearly £4,000 including all the fees within 7 days.

 

Should the next step be to immeidatly ask for the copy of the CCA or do a CPR 31.14 or something similar??

 

Any help would be appreciated

 

Many thanks

 

T :)

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hi trudy

 

need to know, was it

hp

conditional sale

secured by bill of sale

 

had he paid more than a third

did he get a default/termination notice

who was the finance co

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Hi Postggi

 

1) it was a Hire Purchase agreement ... one of those half and half ones where at the end of the 4 years you either paid a big lump sum or hand the keys back and get another car

 

2) yes more than a third paid so they went to court for possession even though by the time the court case came up they already had possession of the car ..... he agreed for them to pick up the car before the court case but did not agree to the stuff about all being repsonsible for costs and their liabilities so i guess you could say the account is in dispute? He wrote this on thier form before returning it.

 

Someone told him he didn't need to repsond to court papers has he had agreed for the car to be collected before the court date.

 

3) not sure if default or termintion notice received but possibly - he's coming over with more papers (which will be stuff in a carrier bag as he's not good at admin!) and with a divorce in progress, job loss etc the car people were the last on his list to worry about!

 

4) car company are BMW Financial Services

 

Thanks

 

T :)

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when the car was collected, did he sign anything

 

doing a repo on a car with out a court order is very seriouse for the finance co

 

you would be entitled to every peny you paid back

 

did he return it to a garage or was it collected

 

if collected does he still have the receipt for the car

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Hi postggi

 

I’ve got him here with some info although he says there could be more at his mum’s.

 

when the car was collected, did he sign anything –

 

yes – it was collected by the solicitor’s people and he signed the “vehicle repossession appraisal”

 

doing a repo on a car with out a court order is very seriouse for the finance co –

 

really???? Why so??

 

Looking at what he’s got here the sols sent a sort of “this is your last chance letter” giving him the opportunity of voluntary surrender which he sent back to agree for them to collect it because of the court papers received however he amended their letter/form that he had to sign to confirm he did not agree to be responsible for any loss following the sale of the vehicle and that he agreed to termination only under his normal termination rights of the agreement

 

The car was due to go back under the agreement in mid April anyway (4 years were up) so with the pressure he was under from them and their court action and court papers he thought it best for them to collect it

 

The contract was due to end before the court date anyway

 

you would be entitled to every peny you paid back ? are you joking?

 

did he return it to a garage or was it collected

 

It was collected by the solicitor’s people and they then did the “vehicle repossession appraisal”

 

 

if collected does he still have the receipt for the car – yes. The vehicle appraisal form signed by him and the collection agent and it says “collected by …..” and give the chap’s name.

 

Pleeaaase don’t tell me they were pulling a fast one on all this and taking advantage of his naivety? :confused:

 

 

that said I fell for all the [email protected] that the DCA's were giving me until a few months ago the same as hundreds of thousand of oeple acorss the country! Thankfully now I know a hell of a lot better due to you guys and belive me I am spreading the good word!!!!!

 

T :)

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The usual process is they issue for return of the vehicle and damages - they get the car - and adjourn the money claim until the car has been sold and then reinstate the money claim any shortfall.

 

We need to see:-

1. The Claim Form

2. The Court Order

3. The CCA

4. The DN/TN

 

Your mate should already have the claim form and the original court order.

 

You say that they are asking for £4k - can you also post the letter

 

You need to remove anything from the documents which might identify your friend

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hello I've got no money

 

Funnily enough I've got none, he's got none ... does anyone have any these days???

 

He's come round with a tesco carrier bag stuffed with papers. Groan! I am going to make a big jug of coffee and sort them out into some sort of order this afternoon and post everything up as soon as I can this evening. I am sure most of the docuemtns will be in there ...... somewhere!

 

Once I have acheived that I shall take a look at the link

 

I feel exhausted already!

 

Thanks again!

 

T :)

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hi trudy

 

yes – it was collected by the solicitor’s people and he signed the “vehicle repossession appraisal”

 

 

can you post this document onto your thread

remove name address and reg number

 

google photobucket

use the upload link for message boards with out thumbnails option

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Hello all

 

Finally! All sorted, filed and uploaded!

 

http://s688.photobucket.com/albums/vv242/skippyjk/

 

The car was actually purchased and driven away on 13th April 2005 and that’s when he signed the agreement. He remembers it being a Wednesday and I have checked and that’s the right day for that date.

 

The “welcome pack” following the purchase of the car was sent dated 5th May and enclosed the agreement – the agreement is signed and dated by him and BMW and the date was manually inserted by BMW in their signature box which they have signed is 20th April 2005.

 

However, the Particulars of Claim has the agreement date stated as 28th April 2005 which is obviously wrong.

 

The “vehicle repossession appraisal” form completed by the chap who collected it is just a form with a car picture on it where we went round to see and mark any damage etc. that’s it.

 

Are there any other things wrong with this lot? Probably not but it’s always worth having someone having a look.

 

I'll have a read through those treads and see if can see any similarities.

 

Many thanks to all

 

T :)

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Any help available please?

Skip’s 7 days are upon Monday so the sols will be going to court for the money order so if there is anything that can be done or any defence?????

Many thanks

T :)

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hi trudy

 

my opinion would be to put the sols on the run

 

you need to send a cpr request

 

ill drop back later if you have had no replies

 

we have all week end to sort this out

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Bumping ........

 

Sorry to trouble you all – we are panicking a bit now as the 7 days are up tomorrow :eek:

 

Is there any possibility that someone can look possibly at the documents to see if there are any viable discrepancies that could be used as a defence?

 

T :)

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I'm sorry for saying this but I can't see much wrong with the agreement and the default notice....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thanks 42Man

 

As I have learned from this site is it always well worth someone having a look to check just in case!

 

That'll be another CCJ to add to his list!

 

Thanks once again, appreciated!

 

T :)

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