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MisterT1968

AFL HP Default notice - legal advise needed.

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Hi everybody,

 

This is my first post, so please excuse me, if I posted it into the wrong location ;) And please move it to the correct one.

I searched the forum, but did not find something related.

 

I have a HP agreement with AFL (Advantage Finance Ltd), where i was unable to make the last payment (due 28th October 2012).

 

The HP agreement is currently beginning the last of 4 years. So 3/4th of the agreement is paid off.

 

AFL sent me a notice that I have missed the payment,

a few days (less than a week) later,

which gave me 48 hours to contact them and pay in full.

 

However, the letter arrived 3 working days after the date specified.

 

At the 14th November 2012 I called them up and explained, what happened and asked, if there is a chance to make 3 or 4 increased payments for the following installments.

 

I was rather rudely informed, that they can "not allow" a non-payment for this month.

They also informed me, that, as I am unable to pay, they have to default my account immediately.

 

I asked that the person discusses the issue with her supervisor.

 

As I had a meeting to attend at this time, I was unable to stay in the line.

 

Then the letter they sent then was dated the same day (14th November 2012), which I received at the 16th November 2012, that included a Notice of Default (served under Section 87(1) of the CCA 1974).

 

I am under the impression, that a Notice of Default can only be issued, if a Notice of Sums in Arrears were issued, which can only be issued after a shortfall of no less than 2 payments.

 

How is the legal situation here?

 

I understand, that they cannot reposess the car without a court order anyway, as more than 50% has been paid off already.

 

Best regards,

 

MisterT1968

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You are correct on all points, I suggest you WRITE and inform them, do not phone.


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Thank you very much for your update :)

 

I am not sure about the necessity of a Notice of sums in arrears in a HP agreement. The document I found for this (oft1002.pdf from the OFT website) only speaks about fixed-sum credit agreements, but not an HP agreement.

 

Currently I am considering a VT on this car anyway. But I will wait for the reaction to my letter, which I sent already at the 15th November 2012.

 

With the VT, I will probably wait until the next MOT. I think I will have to repair some things before it can be MOT'ed. Or should I consider to VT before this?

 

And what is considered as a reasonable condition for the VT?

 

Best regards,

 

MisterT1968

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