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mranother v BCT HP Agreement-Court filed.


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Hi All, yet another post today - not a great day for me.

 

I could really do with some help on a Hire Purchase Agreement that I have with British Credit Trust.

 

I couldn't find a specific section for Hire Putchase, however if there is one, could someone either direct me to it, or can a member of the admin team re-post this post for me there.

 

Anyway, story so far.

 

Over the last couple of years that I have had this agreement, the company I work for (well worked now) never paid me on time, so this always upset my payments, and sometimes I wouldn't get paid for a month, so some payments were missed.

 

Charges from British Credit Trust have been thrown at me left, right, and centre.

 

Over the last 6-7 months, payments have been difficult, and when I could afford to pay them, I have done so. Sometimes these random payments could be as much as 700-800 pound in a month!!!!!!!

 

I am waiting for a sizeable cheque from the company I used to work for, and am worried that this will take a while and may even end up in small claims, anyway thats another story.

 

I am not 100% sure of the "numbers" as will need to check the paperwork, however, I would roughly say that the total amount to pay as per the agreement is roughly £14,800. According to their final demand letter I owe a total of £7,349.74 of that (probably because of charges and extra interest) am in arrears of £2,259.74!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

I have now obviously been sent a FINAL DEMAND letter!!!saying I have 7 days blah blah blah.

 

They have told me that I can contact them to try and arange a suitable repayment plan, but that if I don't contact them in seven days, then the will;

1) Look to recover any asset in which they are the legal owners,

2)Commence Legal Action - CCJ, and/or

3) Refer your account to a DCA.

 

I have arranged payment plans with them before, manage to keep them for a month or two, and then they get broken due to lack of payment from the company I work for!! They also demand a massive amount of money before a payment plan can be sorted!!!!

 

I need the car for work, and more importantly job interviews!!!!

What makes it worse, is the car recently needed a severe amount of work to get through the MOT, which my father has very kindly paid for.

 

I would be very grateful for any assistance as to what I can do.

 

A worried MrA.

Edited by mranother
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I have found the HP Agreement - and it is quite possibly the most illegible document I have ever seen in my life!!!!

 

I recollect and can see by the document that it was faxed across to the company that I purchased the car from.

 

If I scanned this in, I am unsure as to how easy it would be to read. I will see what I can do!!!

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Postgg is the one to ask about HP agreements, thats his bag. I'll see if he can look in.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ok, I have managed to copy in below the agreement that I was given. This is everything that they gave me, and to make things worse, it is a fax!!!

 

The quality really is not very good at all, however the actual original document is sh1te!!!!!!

 

I am trying to get some better images, but this is the best I can provide at the moment. If you can zoom into the document, you can read the text.

 

Thanks all.

 

Page One;

http://i994.photobucket.com/albums/af68/olly_22/pg111.jpg

 

http://i994.photobucket.com/albums/af68/olly_22/pg1-2.jpg

 

Page Two;

 

http://i994.photobucket.com/albums/af68/olly_22/page2_1.jpg

 

http://i994.photobucket.com/albums/af68/olly_22/page2-2.jpg

 

I do also have a "welcome letter", which has a schedule of charges on the back.

 

Thanks everyone.

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Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 to s.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

 

send recorded delievery

 

sending a fax agreement does not satisfy any request

only a true copy of the original will surfice

 

after 14 days of no reply, the account will fall into default and bct will be unable by law to enforce or demand payment until they comply

 

when and if we get the agreement, battle plans will be drawn up

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  • 4 weeks later...

Well after a pretty shocking xmas (got called away to work), I finally got round to sending the letter etc, and have received the below back!

 

They responded within the time allowance ....booooooooo lol.

 

Anyway, since then I have lost my job, and have sent them a letter with a token payment, and stating that I am waiting for payments from the company I used to work for and obviously will pay when I can.

 

I have since, had a phone call from a finance company asking me if I was going to sort the arrears out with BCT or sign the vehicle over so that they can pick it up. He informed me that he couldnt simply reposess it due to the amount I have paid.

 

Despite me contacting BCT by letter, they have gone ahead with trying to get the car collected, of which I havent had any notice that this would happen - and I have already said I really need this car for any bits of work I do get and job interviews!!! Everything is unfortunately going pete tong.

 

So any help would be gratefully apreciated!!!

 

TIA, MrA

 

This is what I receieved; First pages are copies of a Fax that I signed when purchasing the car at the dealers, then the other pages are normal A4 paper!!!!

Pg 1;

http://i994.photobucket.com/albums/af68/olly_22/007.jpg

http://i994.photobucket.com/albums/af68/olly_22/008.jpg

 

Pg 2:

http://i994.photobucket.com/albums/af68/olly_22/009.jpg

 

Pg3;

http://i994.photobucket.com/albums/af68/olly_22/010.jpg

http://i994.photobucket.com/albums/af68/olly_22/011.jpg

 

Pg 4;

http://i994.photobucket.com/albums/af68/olly_22/012.jpg

 

I really hope someone can help me!

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well they need a court order to do a repo

if they did you would get back every penny paid them

 

what do you want at this stage of things

 

daft question i know

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What do I want - as in would I prefer the car or the money???

 

The car is great and id amazing nick, however the money right now would be a lot better!!!!

 

What do you recommend??

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They phoned me up to arrange a repo!!! The guy who I spoke to was actually quite helpful!!! He said that he had been asked to collect the car but he couldn't simply take it, I would have to sign it over. I told him no, I wasn't going to sign it over - so does that now mean they will try and take out a court order now???

 

Thanks for your help, I really appreciate it!

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sign it over

thats right a voluntry surender, then come after you for the shortfall

 

have you considered doing a voluntry termination, thats half the agreement

 

they will need to go to court to get a repo order but you just request from the court a time order to carry on paying and keep the car

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