Advice on a Hire Purchase agreement

[Xavier12]

Hi. Im new here!

 

I was just looking to see peoples views/knowledge regarding hire pur hase contracts. Ill start at the beggining of my story!

 

I bought a car on hire purchase but the agreement was in a friends name but i was always the registered keeper from when the car left the showroom.

 

My friend made no payments and the direct debits came from my account.

 

I fell behind in payments as i lost my job.

. which resulted in them clamping my car on private property and parking over my drive.

 

They said theyd called the police and i had to hand over the keys.

 

Reluctantly i had no choice and i just wanted them to go away to save the neighbours seeing.

 

I contactes the car company and said they recovered the car from private property and they said if i paid the arrears thsy aould bring it back but i coukdnt afcord too.

 

So far i have asked for a subject access request and paid a fee but they only sent copies of letters

and ive asked for system notes telephone notes etc which they said they dont have to give me.

 

Also i think i have paid 1/3 of the agreement if it includes the original deposit i paid? And there was defenately no court order.

 

My questions are is the contract invalid as my friend never received the vehicle or paid anything for the contract to begin?

 

And how can i get the rest of my sars data.

 

And is it defenatrly a breach of contract to recover from private property?

 

Where can i go from here ? (Long story i know but thanks for anyones time)

[MARTIN3030]

Post moved here

[dx100uk]

hi ya X12

 

looks like you are correct

 

no repro com has the legal right to clamp or repro from a private drive

without a court order unless you HADN'T paid less than 1/3rd [look at the figure on the agreement]

 

if the sar is incomplete and outside 40 days

fire off the failure to comply letter from the green top library tab.

 

if it transpires to be true

 

matters not who was RK or payee either

 

if this is true

 

you stand to get the car back and get back all the payments

 

name and shame please

 

repro co & creditor.

 

 

dx

[Xavier12]

Thanks for the reply! Its Honda Finance UK.

I have paid 1900 deposit and if thats included as part of the 1/3 then I have paid more than a 1/3.

 

If it turns out I havent paid 1/3 they sent no letters or default notice. They just turned up one day and clamped it on my drive!

 

Will send that letter l. Thanks!

[dx100uk]

the 1900 is deducted from your cash price

 

so does not form parrt of the loan?

 

have you got the agreement?

 

if so scan it up.

 

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[Xavier12]

Hi, I have attached a copy of the original agreement. I have also provided a statement of the account (Which is very confusing as theres such random stuff on it).

[dx100uk]

agency fee

refurb fee

V5 fee

recoveries fee

admin other fee

admin fees

can all be reclaimed / taken off the outstanding

 

and yes it looks like your depodit was taken off after int was added

i think its pants.

 

dx

[ReasonableRon]

OP,

 

if you add up the payments you have made on the statement (excluding those that bounced) it comes to £4456.07.

Add in your deposit of £1900 and this is still less than a third of the total amount payable, which is the £7702.80.

 

Also, when was the car repossessed?

 

According to the statement you haven't made a payment in over 2 years.

 

In the absence of your own payments towards the agreement what would be your preferred alternative to losing the car?

 

DX - it's all very well assuming that all those fees are recoverable,

but I think that they are likely to be fees that relate specifically to invoices that they have paid for work performed by outside companies/agencies as part of the recovery process,

and there is likely to be a contractual right to add such charges to the agreement.

 

In these cases there is unlikely to be a valid argument that the costs are unfair or indeed a 'penalty'.

[dx100uk]

matters not if its in the agreement or more correctly the T&C

they are not law,

 

something is not right here

 

regardless to if/if not 1/3rd was paid

 

he got spoofed into handing over the car from a private drive

by a repro company with no legal powers

 

it also looks like the agreement is suspect as they've not taken the deposit offf the cost of the vehiclee

but the total loan +int.

 

not my specialist subject

 

but it smells

 

was this all 2 yrs ago XV12?

 

dx

[Xavier12]

Yes, they recovered the vehicle almost 2 years ago. Never once uave they asked for any repayment on the outstanding. So I feel like they know theyve done something wrong. Especially when they recovered it from private property without sending a default notice. And including the fa t that they havent sent me all the data i requested from the sar!

[Xavier12]

OP,

 

if you add up the payments you have made on the statement (excluding those that bounced) it comes to £4456.07.

Add in your deposit of £1900 and this is still less than a third of the total amount payable, which is the £7702.80.

 

Also, when was the car repossessed?

 

According to the statement you haven't made a payment in over 2 years.

 

In the absence of your own payments towards the agreement what would be your preferred alternative to losing the car?

 

DX - it's all very well assuming that all those fees are recoverable,

but I think that they are likely to be fees that relate specifically to invoices that they have paid for work performed by outside companies/agencies as part of the recovery process,

and there is likely to be a contractual right to add such charges to the agreement.

 

In these cases there is unlikely to be a valid argument that the costs are unfair or indeed a 'penalty'.

 

 

The reaaon for the bounced direct debits is because they tried to set up the direct debit from my account using my friends name.

 

Which i told them over and over again and filled out multiple dd instructions.

 

They said when i bought the car that i could make payments

but afterwards they wrote a letter saying i was unauthorised to have the vehicle and wrote to my friend making out he had sold the vehicle...

 

he was never the rk and he says he never exchanged money or even received i saw the goods.

 

He said that his contract is therefore invalid.

 

Not sure about that though.

- shame it doesnt meed the 1/3 when i called shed told me id paid 9,300 including the deposit!

[Xavier12]

Hey!

 

Just had the proper Sars sent back

thanks to that letter you tood me to send.

 

Cant believe they lied to me saying they dont have system notes l...

 

then that letter and i have all the system notes!!

 

it says they didnt repo the vehicle correctly.

 

Also says they sent a default notice which was returned as it was to a wrong address.

 

it was repossed without any default being served.

 

Do i have a case to claim back my money?

 

Also it admits it was clamped and repo from private property!

 

Any info will help.

 

.. thanks!!

[dx100uk]

ouch that damning!!

 

yes you do !!

 

write back

 

give them 14 days to refund ALL your payments + 8% statutory S 69 Court interest.

 

you were not served with a default notice.

the car was clamped on your drive by a repro man with NO COURT ORDER

the car was repro'd from you private drive - WITH NO COURT ORDER.

 

think i'm correct..

 

dx

[Xavier12]

ouch that damning!!

 

yes you do !!

 

write back

 

give them 14 days to refund ALL your payments + 8% statutory S 69 Court interest.

 

you were not served with a default notice.

the car was clamped on your drive by a repro man with NO COURT ORDER

the car was repro'd from you private drive - WITH NO COURT ORDER.

 

think i'm correct..

 

dx

 

I think your right. Hopefully someone will confirm this before I post the letter tomorrow!

[Gaston Grimsdyke]

No,

you are not entitled to all your money back.

 

That rule only applies if you had paid more than a third and they had no court order.

 

You had not paid more than a third.

 

Whether the default notice was actually received or not is irrelevant, all they have to do is post it.

 

And there is nothing in the CCA that says they can't repo from private property,

 

it just prevents them repossessing from "premises", which is not defined but might mean buildings.

 

If they are in breach, however, your remedy would be damages for trespass, which would probably be about a tenner.

[citizenB]

Gaston, did you read post # 12.. even the company's own system notes indicate the vehicle wasnt repossessed correctly !

[Xavier12]

Gaston, did you read post # 12.. even the company's own system notes indicate the vehicle wasnt repossessed correctly !

 

System notes said AC terminated incorrectly.

 

Also states repo from private property.

 

Let me just clear up

 

I am 3rd party authorised to speak on behalf of the a/c holder.

 

When my friend added me to the account as a 3rd party, I put my address down.

 

For some reason they updated the account address as my address.

 

I subsequently moved from the address and the default notice was sent to my old address.

 

When I called them about receiving no DN, I said that if it was sent there that it was invalid as cust has never moved address nor did he say he lived at my address.

 

They said that I should have updated them with my new address, which I explained as I am not contracted or have an agreement with you, that it was not my responsibility.

 

Also the DN was returned to them days before they repo the vehicle (as written on the system notes). Also says they did not send a VT (am assuming vehicle termination).

 

Literally I was in the process of making offers of payment and had offered the £200 a month (£360 is the payment)

they declined the offer and I said I couldn't afford anything else right now.

 

I also said that I thought it was a reasonable offer etc. etc.

 

Next thing I know some guys banging on my door

clamped my car on a private car park allocated to my house

and parked his van across the car park obstructing other residence.

 

He then posted a note through the door stating he had called the police.

 

He was very rude and said to my wife that if she didn't hand over the keys a recovering van would lift the car anyway.

 

So she handed him the keys.

 

She was in no way authorised my the a/c holder to give up procession which is what the repo man said she did.

 

But even Honda have written that the car was repo from private property and have agreed that.

 

Additional info:

 

Also the fact that they didn't send me these notes until my 2nd letter.

 

You should see the letter they sent back with the additional info I req.

 

Says

 

"We didn't send this information to you as we haven't started any legal action against *a/c holder"

 

which is total rubbish if I specifically asked for this information they had to give it to me.

 

It contains a lot of information they didn't want me to have!

 

so surely they know I can ask for the monies back.

 

(sorry for long post)

Edited October 29, 2012 by Xavier12
Additional info

[dx100uk]

have you still fot the note about the police?

 

what other paperwork have you got too?

 

if he said he was from the court

or

a bailiff that might help aswell

 

i certainly think you have a very good case here.

 

dx

[Xavier12]

have you still fot the note about the police?

 

what other paperwork have you got too?

 

if he said he was from the court

or

a bailiff that might help aswell

 

i certainly think you have a very good case here.

 

dx

 

Stupidly didn't keep the note from the bailiff!

 

I just have the information they sent to me via the SAR.

 

I am writing to ask for a full refund as I believed they breached the agreement and the consumer credit act as they did not serve the relevant paper work.

Ill also ask for 8%.

 

See where this gets me!

 

Thanks!

[dx100uk]

just to be clear here

 

hewas NOT a BAILIFF!!

 

if he claimed to be

 

then put that in your letter too!

 

the only time a BAILIFF would be involved is if it had been to court already

and you had failed to pay the CCJ.

 

no CCJ or it's not been to court.

 

the repro guy unlawfully clamped the vehicle on private property

 

the repro guy unlawfully blocked access to a private property

 

the repro guy unlawfully intimated the police would come and help him in his tasks.

the truth is they wouldn't, referring it to be a civil matter.

 

the repro man unlawfully demanded the keys for the car intimating the police would force her to do so.

 

the repro man unlawfully repro'd the car from private property without a court order

and even if there WERE a court order, it would not be HIM that came to take the car.

 

dx

[Xavier12]

just to be clear here

 

hewas NOT a BAILIFF!!

 

if he claimed to be

 

then put that in your letter too!

 

the only time a BAILIFF would be involved is if it had been to court already

and you had failed to pay the CCJ.

 

no CCJ or it's not been to court.

 

the repro guy unlawfully clamped the vehicle on private property

 

the repro guy unlawfully blocked access to a private property

 

the repro guy unlawfully intimated the police would come and help him in his tasks.

the truth is they wouldn't, referring it to be a civil matter.

 

the repro man unlawfully demanded the keys for the car intimating the police would force her to do so.

 

the repro man unlawfully repro'd the car from private property without a court order

and even if there WERE a court order, it would not be HIM that came to take the car.

 

dx

 

Thanks, I have included your points in my letter! Fingers crossed! Let you know in 14 days!!

[Gaston Grimsdyke]

Gaston, did you read post # 12.. even the company's own system notes indicate the vehicle wasnt repossessed correctly !

 

Yeah I read it.

 

The point is the only thing that triggers repayment of all monies paid is if it was third pais.

Which it wasn't.

 

If there was a problem with the default notice, or the vehicle being repossessed from private land,

 

the only remedy is damages for breach of statutory duty which will be a comparatively small sum.

 

And the fact this was patently an accommodation deal means that Honda's actual customer hasn't suiffered any loss because he never had the car!

[dx100uk]

must be why the likes of postggg etc had so many successes with the likes of welcome. yes car etc

 

dx

[Xavier12]

Yeah I read it. The point is the only thing that triggers repayment of all monies paid is if it was third pais. Which it wasn't. If there was a problem with the default notice, or the vehicle being repossessed from private land, the only remedy is damages for breach of statutory duty which will be a comparatively small sum. And the fact this was patently an accommodation deal means that Honda's actual customer hasn't suiffered any loss because he never had the car!

We will soon find out!

[Xavier12]

So... no reply to the letter I sent them on the 29th Oct. which gave 14 days...