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    • Thank you for your reply.   I wouldn’t want to make an allegation of theft because it wouldn’t seem right as I did give him the phone to use for a few months, although I’m not sure if it being eventually sold makes it theft. I don’t know why my brother sold the phone, but I’m assuming he must have had financial difficulties at the time to have done this as it is completely out of character for him.    Sadly the family situation means there wouldn’t be any complications in that respect. I would usually take this on the chin and move on but unfortunately it’s one of many difficulties at the moment that by being resolved would help alleviate some other problems. It is myself who will be dealing with my brothers estate but unfortunately there isn’t one which is putting huge financial pressure on myself.    I very much appreciate everyone’s input in things. It’s easy, from my point of view, to look at things and only see it one way and not think of the other. Of course it would be nice to have the phone back and help alleviate some of the many problems at the moment but I understand this may not be the case. 
    • The EU is turning into an aggressive bully. It is incapable of reforming itself. Remaining in the EU is the high-risk strategy – not leaving it.   The EU is a fundamentally protectionist trading bloc The EU seriously misallocates resources The EU is a political project that is fundamentally anti-democratic The ‘purposive’ nature of EU law The folly of introducing the euro The demographic ageing of the EU population The EU has inadvertently encouraged regional separatist movements to develop in a number of member states Increasing Euroscepticism in the EU The EU have been blamed for the tension between Russia and the Ukraine   There is massive corruption in the EU well illustrated by the fact that the EU’s accounts have not been approved for the last 20 years by the EU’s chief auditor in respect of around €100bn of expenditures.   The EU’s negotiating behaviour over the Withdrawal Agreement revealed itself to be little better than an aggressive bully when it did not get its way.   Stopping the UK from participating in Galileo, Europe’s Global Satellite Navigation System, despite our significant existing investment.  Threatening to stop our aircraft from taking off and blocking Eurostar trains from entering the Channel tunnel. 
    • Thank you for your reply. As a business owner myself I can appreciate CEX point of view in matters.   We never had a loan agreement. Although my brother did offer to pay the monthly price of the phone. Which he paid by bank transfer to me every month he had the phone.    In the current situation they are and will remain in financial loss on this occasion, which they have openly said to me. They are sticking with there point that they are happy to hand over to the police if requested which they know will not happen. They are also aware that the phone will remain locked, and effectively unsaleable, until returned to myself. I understand though that the phone is there collateral in all of this and offering to sell the phone to me for £393 is there way to do some damage control.    Whilst the offer may be reasonable it unfortunately makes no sense to me financially. I would be more out of pocket if I done this. It would be nice to have the phone returned but the worst case would be for me to leave the locked phone with CEX and purchase a cheap mobile to use until the contracts runs out. I have the SIM card for the line. 
    • Apologies.   I recieved the email 'An important update about your mobile tariff' with the no termination fee details mentioned on 24 06 2021   I called to terminate/get a PAC code on 14 07 2021   Today I noticed that there is a payment for the full amount about to be taken out of my bank account, and today an agent on instant chat told me that when I requested my PAC over the phone on 14th the agent did not note that I had said that the change would affect me, this last requirement seems pretty flimsy and wasn't mentioned in the email.   I wanted to find out if I could safely block this at my bank before payment is taken as I have no confidence in O2    
    • I'm afraid that I take a slightly different view. Although this will add to your grief and distress, if you make an allegation of theft to the police and eventually persuade them to carry out an investigation and give you a crime reference number then you should have some joy if it is actually considered to be a stolen item. Of course there are a number of difficulties here. First of all you will make things far more complicated for everybody else who is grieving because I imagine that you are not the only one and so therefore you may incur some wrath and resentment from others who decide that you are simply attacking a man when he's not around to defend himself. It will damage your brother's reputation. And finally – and maybe the most difficult – is putting sufficient pressure on the police to consider that it is a legitimate crime report and to give you the crime reference number that you need. If you can get it to be treated as a stolen item by the police then the ownership of the phone remains with you and you should then eventually be able to recover it – but don't imagine it will be easy. CEX could then try to sue your brother's estate if there is any money there and of course if CEX can be bothered – which they probably can't. Alternatively, you could put in a claim against your brother's estate – once again if there is any money there. If you want to go the police route then of course it will be helpful if your brother has got any form for this kind of thing – but I can still imagine that the police don't really want to get involved and will keep on trying to say that it is a "civil matter" which is a standard way of saying you are nobody important and therefore we don't want to get involved. Or if it is you who has been accused of crime – then you are too important and it's going to cause a load of hassle if we investigate you.  
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Hi to all not sure if this is in the right place.. but here goes..

we bought a car from ACF finaced by TFC in march 2008. we have never missed a payment and my agreement states that it is a HP agreement so we have decided now that we have a much better credit rating to voluntarily terminate our hp agreement and hand back the car (as we have paid more than half of the owing finance) as we are getting a much better deal on a new car with a reputable dealer. However having spoken to the cust service dept namely darryl who deals with voluntary terminations he has advised of the docs we need to send off but also that the car needs to be in mint condition ie no dents/ scratches etc as this may affect the value they can get for the car at auction and if they cannot get the full balance of what we owe then we will be liable for the shortfall... can they do this???? when it does not state this on the paperwork.. all it states is the car must be in good condition have a full service history and a valid Mot...it doesnt mention anywhere about still being liable for any amounts after handing the car back....The car had 2 dents on it when we bought it as they knocked money off because of the dents however we have been advised unless it states on the paperwork that these dents were present we will be liable for them..

 

is there anything we can do to wash our hands of this once we hand the car back as they have said it is subject to an auction house inspection and we will be liable...HELP

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If its a straight forward HP agreement then this would be a perfectly reasonable process to expect. Basically you are choosing to end the agreement early before paying the full outstanding balance. The normal process would be to trade the car against the new car and the dealer settles the outstanding finance and 'knocks off' any extra allowence from the purchase price of the new car. Not sure why you are choosing to go down this path but by doing so will indeed leave you liable for any outstanding finance by allowing it to be auctioned which is what finance co's do.

 

On the other hand, had it been a lease agreement then you 'hire' the car for an agreed term and then hand it back with a number of 'options' (which is what Ford use to call it); you either pay a final one off payment (baloon figure) which ends the agreement and you own the car, or you simply hand the car back with no more to pay (providing the car is in an agreed condition) or you return the car for a new one under a new agreement. Sounds to me that this is the type of deal you should of had in the first place. Normal HP dosn't work like that.

 

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The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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thanks for your advice. 1st point the reason we are going down this route is that we are being charged an extortionate amont for the car that is not worth anywhere near what is left outstanding on it and 2ndly what i dont understand is how they can do that as on the paper work it states that if there is anywork that needs to be done to get it back to good condition ie a dent removed or a scratch sorted then we would be liable for those costs not for the remaining finance outstanding on the vehicle once they have sold it at auction.. so can they legally hold us responsible for this when it does not state anything on the paperwork about this. also there were 2 dents on the car when we bought it as they knocked money off because of them however the way they are talking is saying we are ging tobe resonsible for these dents and the cost of putting them right

any advice on what we can do would be helpful thanks as i refuse to pay the excess finance if it comes to that when the car is not and never has been worth that amount

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Poo just looked on their website 44.9%APR I don't think they could demand the car was returned in a mint condition because it is a second-hand car it would I assume have to be returned in a condition comparable with its age.

 

Looking at the APR I can imagine the shortfall in the agreement would be way more then what the car would be worth.

 

Could you not call the finance company and ask for a settlement figure. This may give you an idea how much of a shortfall their will be between the settlement figure and the car value?

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Poo just looked on their website 44.9%APR I don't think they could demand the car was returned in a mint condition because it is a second-hand car it would I assume have to be returned in a condition comparable with its age.

 

Looking at the APR I can imagine the shortfall in the agreement would be way more then what the car would be worth.

 

Could you not call the finance company and ask for a settlement figure. This may give you an idea how much of a shortfall their will be between the settlement figure and the car value?

 

This is the normal way in an HP agreement.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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If it is an official HP agreement then you are not liable for any costs once you have paid more than half the TOTAL finanance payments.

 

I presume you want to go down this route because you know the car is not worth the settlement figure still owed on the car. Within your HP agreement should be a clause writen something like this below.

 

TERMINATION: YOUR RIGHTS

You have the right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £xxx.xx If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the goods, you will have to pay no more.

The important bits to note are that you are only required to take "reasonable" care of the car. In a legal sense, that means if it is 2/3/4 years old, then it would be expected to be in the "normal" state a car of 2/3/4 year of age should be. This would not be "MINT" condition and they are not allowed to charge you any money to restore it to mint condition.

 

Also, if you have paid more than half, then you owe no more! This includes the fact that you may owe £5,000 but they only get £4,000 for it at auction. That is their tough luck, not yours, and you don't owe them the shortfall of 1,000quid.

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  • 3 weeks later...

hi crem, Is that right what you said about not paying back after you have payed over half the price of the car?

 

reason i am asking is my son has done just that, ( sent car back ) he has been billed for £1750, are you saying he dont have to pay this monies back???, WOW , i hope your right, what a christmas present for him,

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You need to check the original agreement which, hopefully if it is an official Hire Purchase agreement (and for less than £25,000 if signed prior to May 2008. ) then it should have the "Your rights to Terminate" clause as shown above.

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