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can anyone help i applied to the county court for a time order on a hire purchase vehicle. company came and took the vehicle away before the case was heard i had not paid a third off this but according to the consumer credit act 1974 i could still apply to keep vehicle does anyone know if this is illegal as i am back at court 16 may as they now want 8000 pound

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Guest Lueeze

I dont know myself but Im sure someone will be able to give you some sound advice!

 

Thanks

 

Lou x

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Speak to the CCCS on freephone 0800 138 1111

 

Impartial advice on ANYTHING debt related.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Have read and re-read the OFt website and all they say is...

 

 

Ending your contract early

 

If your HP agreement is for under £25,000, you have two ways of ending your contract early:

 

You can terminate an HP agreement and return the goods at any time by writing to the lender, as long as you bring your total payments up to half the price of the goods (the exact amount will be stated in a box on the front of your contract). But you will also have to pay off any credit you took out to pay for insurance. If you have already paid half, you only have to pay for any missed payments or damage to the goods. But if you have already paid more than this amount, you will not get a refund of the difference. You should not be charged to return the goods. If under the terms of your contract you must take the goods back, this should only be to premises within a reasonable distance of your home.

 

You can also pay off your loan early (including any credit for insurance) and keep the goods. Contact your lender and find out how much this will cost. You will be entitled to a rebate on future charges. There are rules on how this is calculated. Credit agreements should include examples of how much it will cost to pay early at different times.

If you are in doubt about which method is best for you, ask for help.

 

If you can't afford the repayments

 

Contact your lender as soon as possible, as it may be possible to renegotiate the deal. There are free, independent advisers you can talk to - see Further help for details.

 

Your lender has the right to take back the goods if you don't keep up your repayments. You'll be sent a notice first, giving you the chance to put things right. But you will have to act quickly - within seven days.

 

If you haven't got the money to put things right, explain this to the lender. If they won't agree to less than full payment, they may take you to court. You can ask the court to give you extra time to pay if you really want to carry on with the deal. Seek advice on this - see Further help for details.

 

If you've paid more than a third of the total cost of the HP or CS (not including any insurance), your lender will need a court order to take the goods back. If you've paid less than this, the lender still can't enter your property to take the goods without a court order, unless you give them your permission to.

 

If you are having problems keeping up with repayments it may be cheaper in the long run to hand the goods back (see Ending your contract early).

 

 

Sorry, can't find anything else remotely helpful!

 

Have you tried the CAB?

 

LOULA

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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