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Hello all,

 

I have started a new thread because my previous was quite long and I had the issue confused.

 

Had a HP agreement with MotoNovo in November 2009, the car was taken in June 2012.

 

I have attached the latest balance sheet. It appears from my calculations that over a 3rd WAS paid by £4!

 

This does include taking into account refunding all of the charges and the option to purchase fee.

 

[ATTACH=CONFIG]45657[/ATTACH]

 

MotoNovo in their "final response" say that they never took the option to purchase fee but it is clearly deducted from the agreement and then refunded onto the account the month after the car was taken.

 

Could someone just double check my figures here?

 

The agreement says the 3rd is £2873.03

I have calculated;

TOTAL PAID £2661.54

CHARGES £86.90

OPTION TO PURCHASE FEE £129.57

 

TOTAL INC ABOVE £2878.01

 

The car was taken from private property following this being sent;

It comes with regret that I am no longer able to make repayments of £176.46 on the above vehicle. Having tried to have a payment break whilst being employed on a sporadic basis and being told I could make half payments for 3 months, but would then would need to add the halves back on to the next three months payments is ridiculous as I cannot afford £264.49 for those three months. I am also not able to find the settlement figure, nor want to part exchange the car for something else, so I feel my only option is to have it recovered and then set up some sort of payment plan to pay any negative equity that comes up once you sell it at auction. Please now contact me by letter or telephone with confirmation of this letter and the steps I now need to take to have it recovered from my address.

 

When the guy arrived he was asked not to take the car because we didn't want to terminate the agreement any longer, this was because we'd taken advice to go back to the finance company, he said tough basically and took the car (witnesses present). Nothing was signed when the car was taken because we were running around trying to find out what to do with the car being taken.

 

They have provided a VT Notice in their SAR bundle BUT this was never received our end, I expect they did send it but we never had it.

 

Is this unlawful repo?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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You don't have a claim against them. Once you terminated, that was it. You cannot unilaterally change your mind. So you couldn't stop them taking the car, and they didn't need a court order. You possibly have a claim for breach of statutory duty for the taking from private land, but even if you do it's worth about a tenner.

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