HP Where Do i Stand? Advantage Finance

[AFQuery08]

Hi there,

 

I have just been advised my car costs more than it is worth to fix.

 

In my agreement with AF it states i can terminate, or do a repossession:

 

I signed a higher purchase agreement with Advantage Finance 2 years ago on a 48 month term. In my agreement it states that i have multiple options:

 

1. Early repayment

 

2. Termination of Rights: "you have the right to end this agreement.

 

To do so you must write to the person you make 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 (amount here, which i have paid with no exception). If you have paid at least this amount plus any overdue instalments and have taken reasonable care of the Goods, you will not have to pay anymore"

 

I have taken reasonable care of the Goods, but wear and tear has taken its toll

 

3. Re Possession - Your Rights: "If you do not keep to your side of the agreement, but you have paid at least one third of the total under this agreement which is £XXXX (which i have without exception) we may not take back the Goods against your wishes unless we get a court order.

 

If we do take your goods without a court order or your agreement , you have the right to get back any money you have paid under this agreement"

 

Can you please assist me as to:

1. If i choose to terminate my rights in option

 

2 how is "taken reasonable care" defined? the car still starts and could be repaired! Is this a viable option 2. Or should i just go with option

 

3 Repossession?

Would i notify the borrower that i was stopping payments as it does not advise how i would do this.

Would this affect my credit score

 

Any advice would be greatly appreciated

Edited September 15, 2018 by dx100uk
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[BankFodder]

Why don't you tell us more about the car – who supplied it, how old was it, how much do you pay. I'm not exactly sure of the correct sources but I don't for a moment imagine that when you buy a second-hand car even on hire purchase that you are not entitled to some consumer rights as to quality.

 

What does your hire purchase agreement say about this?

[BankFodder]

https://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html#2a

[AFQuery08]

Why don't you tell us more about the car – who supplied it, how old was it, how much do you pay.

 

I'm not exactly sure of the correct sources but I don't for a moment imagine that when you buy a second-hand car even on hire purchase that you are not entitled to some consumer rights as to quality.

 

What is your hire purchase agreement say about this?

 

Hi, i am not sure if i am replying correctly. First time posting to a forum.

 

I bought the car from a car garage, i really am not that clued up on cars, and it was the first Hire Purchase agreement i'd had.

 

My hire purchase agreement is with Advantage Finance, my car was brought from a garage.

I just pay back advantage finance monthly

 

Car was £3500 2 years ago

 

My question really is whether i should just terminate my rights however i am concerned this wouldn't be accepted due to the work needing to be carried out.

 

Or whether i can just do the re possession option.

 

However, to do this i do not know whether i just default on the payment and wait for them to contact me to return the Goods, or whether i should notify them.

 

I have been advised that there is nothing i can do with the garage i bought the car from, that it is not a warranty issue and that the faults are due to general wear and tear of the vehicle. The car is a bmw 1 series and is 10 years old with 130000 on the clock

 

Hope this information helps

Edited September 15, 2018 by dx100uk
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[dx100uk]

Well if its broke

Thats their problem not yours!!

 

Goods should be fit for purpose

Not breakdown and be beyond repair 2 yrs later!!so what happened??

 

I also think you mean voluntary termination

[AFQuery08]

Hi, It states "Termination: Your rights" for the section i copied in my original message.

 

As far as i am aware it is not the person i took the HP agreements responsibility whether the car works or not. They made the payment on the car from the garage, my agreement to pay back the money is with Advantage finance, who effectively bought the car, and whom i have the agreement with to pay back monies.

 

Hence why i am asking for advise specifically to the points i made in my original request.

 

Is anyone able to answer my position on

 

1. writing to inform of early termination and the position i am in with regards to them accepting the goods under the condition of "responsible care of the Goods" seeing as it is requiring work higher than the value of the car.

(the car was in working order when purchased two years ago when i sought finance, that is all that would matter here and from what i understand this is all that would matter to the lender, they just want their agreement met with regard to paying the money back under their conditions!!)

 

Or, opt for the re possession which i have copied the content in the agreement in my original post also.

 

However my question is, if i can not opt for termination due to the car requiring work how would i go about actioning the re possession option as explained in original post

 

Is anyone that works for Advantage Finance or similar industry able to offer definitive responses to the queries?

 

Also, as stated the car is not broken beyond repair, the car would cost more than the car is worth to fix

[BankFodder]

You have come here for advice and if you want us to help then I think that you have to answer the questions which we have asked of you.

 

The approach you are taking is that no one has any responsibility on the matter and you are in a position where you got to try and get out of the agreement without too much loss.

 

The true position could be very different. You are entitled to purchase a car which is of satisfactory quality. You are purchasing the car from the finance company and therefore it is they against whom you have to assert your consumer rights.

 

Satisfactory quality means that the car has got to be any reasonable condition when you buy it and must remain that way for a reasonable period of time. You have given us very little information but what is clear is that you have purchased a motorcar and used it for two years and it has cost you £1750 per year.

 

I don't imagine anybody would expect to pay £1750 a year on their vehicle so on the face it is not of satisfactory quality – although we need to know much more.

 

Although it had 130,000 miles on the clock, how many miles have you done on it? What is wrong with it? Have you got a list of defects? When did the defects first occur.

 

You really need to answer the questions that we are putting to you and then we can give you the best advice – and that best advice will be much better than you appear to be hoping for.

[AFQuery08]

You have come here for advice and if you want us to help then I think that you have to answer the questions which we have asked of you.

 

The approach you are taking is that no one has any responsibility on the matter and you are in a position where you got to try and get out of the agreement without too much loss.

 

The true position could be very different. You are entitled to purchase a car which is of satisfactory quality. You are purchasing the car from the finance company and therefore it is they are going to you have to assert your consumer rights.

 

Satisfactory quality means that the car has got to be any reasonable condition when you buy it and must remain that way for a reasonable period of time. You have given us very little information but what is clear is that you have purchased a motorcar and used it for two years and it has cost you £1750 per year.

 

I don't imagine anybody would expect to pay £1750 a year on their vehicle so on the face it is not of satisfactory quality – although we need to know much more.

 

Although it had 130,000 miles on the clock, how many miles have you done on it? What is wrong with it? Have you got a list of defects? When did the defects first occur.

 

You really need to answer the questions that we are putting to you and then we can give you the best advice – and that best advice will be much better than you appear to be hoping for.

 

Hi, I do appreciate your feedback but i am not looking to dispute the contract with the Hire Purchase.

 

May be I should be but i do not think i can. The way i read the signed contract is that i would leave the contract via one of the two options i stated in my original mail without incurring additional costs.

 

I didn't purchase the car from the finance company.

 

I sought finance (Advantage Finance) who agreed to loan me an amount to purchase a car. I then went to a car dealer, saw a car and Advantage Finance paid the dealer the amount.

 

A diagnostic was carried out on it last week and it showed 14 errors that ran into thousands. He said the sensors alone would cost a couple of grand to repair, and that he stopped the test after 14 faults as his recommendation was to get rid of the car.

 

I have done roughly 25000 miles since having it, but missed it's last Service.

 

I thought my simplest option was just to either terminate the contract and allow them to collect the car, and as i had paid over the requested amount under the agreement for termination not have anything further to pay to them. Or, go for the repossession option, stop paying and let them take the goods as i have also paid the required amount stated in the agreement. My thinking for both of these options is that i will then be left without a debt to the finance company and car off my back.

 

I don't know if this answers your questions.

 

Bought the car from a dealer for 3500 2 years ago. The finance company paid them directly and i may monthly installments to the finance company

 

Problems started after about 3 months where the engine light kept coming on and sensor lights. Phoned the dealer and they said it wasn't faults that fell under the warranty and that they were just wear and tare on the car (phone call). they said had there been issues within 14 days they would have looked into them. As far as i am aware the dealer is no longer there

 

About a year ago i had an issue where the front side of the car dropped and the coil had broken. I paid for this to be fixed and a few other issues which removed most of the display lights. Sensor lights did not disappear but the garage said they had serviced the car, and would complete when i came back to have the rear breaks and sensors replaced a week later: needed to get them fixed by a remote mechanic the next day due to grinding so the garage never completed or took the Service Due alert off the dash

 

I am fully aware i should have been more responsible with the servicing and taking it back to the garage where i had the coil fixed, but it was not a local garage due to it being fixed from toe from roadside recovery off the motorway.

 

Timing/ or misfire started to happen on the car around 6 months ago and the engine light came on and would not stop flashing. Was going to scrap the thing but then bmw did a recall on my car which described the issues i was having and resolved the engine light temporarily, it would occasionally come on, flash and then go off again. BMW said the car was fine and ok to drive but to have it looked at for the other lights ie sensors when i had chance. I was working away, the car started to hiccup/stutter again and i just left it up north where a friend took it to a garage to be serviced and fixed. Hence the diagnostic test, and him recommending cutting my losses as the car is not worth the amount it will cost to fix it.

 

Please let me know if i need to be more specific. But if i'm honest i just wanted the quickest option to get rid and be able to stop paying the finance, to save to just buy another car. And when i saw the repossession or termination option layed out as in my message i thought great, i can stop paying and not owe any money for a car that is just sitting there that i'm not going to have repaired

[dx100uk]

there are 2 types of repossession

 

VT whereby you only have to pay upto the 50% mark

 

VS whereby you have to pay everything back

 

what is wrong with the car that it is a write off and how did this happen..

 

you need to resit your approach to resolving this

you are over looking important consumer rights here.

 

and the finance company ARE responsible as well as the SELLER.

for selling you a product not fit for purpose