Repudaited hire purchase agreement

[rosiecotton]

They will either sue you for the remaining amount under the HP agreement and you counter-claim for a refund of what you have paid, or alternatively you would sue them for a refund of what you have paid with them counter claiming for what they are arguing is due to them.

 

It would be all one case though, not two separate actions.

 

Take TS advice on board as much as you can. They won't be able to go to court with you as this is beyond their powers but they should be able to give you tips on dealing with the court forms.

 

The judge won't help you, so it will be down to you to build your case with as much advice as you can get from CAB or TS. You could potentially get a solicitor but you won't be able to claim back the costs of this so most people tend to represent themselves in small claims.

 

I don't want to talk too much about the court action as I am aware the court system is different in Scotland to what I am used to in England - you're better off getting advice and support from someone local.

[paulwlton]

They will either sue you for the remaining amount under the HP agreement and you counter-claim for a refund of what you have paid, or alternatively you would sue them for a refund of what you have paid with them counter claiming for what they are arguing is due to them.

 

It would be all one case though, not two separate actions.

 

Take TS advice on board as much as you can. They won't be able to go to court with you as this is beyond their powers but they should be able to give you tips on dealing with the court forms.

 

The judge won't help you, so it will be down to you to build your case with as much advice as you can get from CAB or TS. You could potentially get a solicitor but you won't be able to claim back the costs of this so most people tend to represent themselves in small claims.

 

I don't want to talk too much about the court action as I am aware the court system is different in Scotland to what I am used to in England - you're better off getting advice and support from someone local.

 

They could try to sue for the ramaining amount but i beleive this could be defended on the grounds of awarding a disproportionate amount in compensation, i think they could only sue for half the total amount payable.

[rosiecotton]

Sorry I should have made that clearer; they can indeed sue for what they believe is due to them, which would be 50% of the agreement if they are treating this as a voluntary termination.

 

Of course your argument that you have repudiated the contract due to the vehicle not being of satisfactory quality still stands - either as a counter-claim if they sue you or as a claim in its own right if you decide to take action in advance of theirs.

[delboytrotter]

OK today i received a letter from the FLA and it is junk mail really, basically capital Bank are still stating i am not entiteled to recision and i claim i am, what do you think, do i have a chance of winning in court if or when capital bank sue me for the remainder,

[delboytrotter]

Would the Citizins advice come to court with me? or help from a legal point

[rosiecotton]

No, the CAB are just an advice and assistance service. They would not be able to represent you in court.

 

In most small claims actions people will represent themselves after having taken advice from other parties such as CAB or TS. This is because small claims courts do not generally award legal costs.

[buzby]

No, despite what you may think, Trading Standards and Citizens Advice only give advice. There would be a national uprising from solicitors if they attempted to provide legal services. As I've noted before, your position is stronger if you raise the action against them, than the other way around.

[delboytrotter]

How difficult would it be for me to make a paperclaim in england using the small claims court, would this be possible?

[delboytrotter]

Hello Again, I have spotted something on the OFT website with regards HP, it says the lender must supply "PRE CONTRACT INFORMATION" that you can take away and consider before buying, can anyone tell me what this and is it compulsory...if so what would it look like as i did initially go into the garage but everything else was over the phone until i was asked to come in and sign the paperwork, so i then called to the garaeg and signed where i was asked. It seems a bit daft now when i think about but i didnt even check anything, the other thing is that nothing in the HP t&c tell me abotu cancelling the contract it is all about how capital bank can cancel and charge me etc,

Any help is appreciated

[lookinforinfo]

I have not heard of that before, but there is also a cooling off period usually

allowed after you have signed. There is nothing in the act about pre contract

information which would probably mean that it is not compulsory.

[delboytrotter]

HI

 

This is the link,

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft809.pdf

 

As i said i was unsure if it was compulsory but you never know it may be in which case i may have another angle to sort out this sorry HP.

 

On a more positive note a friend has asked his solicitor to look into it for me and although it wont be free it will be cheaper than £5000 so i may be able to get a solution somehow until then though i will keep looking

Thanks

[delboytrotter]

I have also found this but it confuses me, i purchased 10/8/2006 does this apply

The Consumer Credit (Disclosure of Information) Regulations 2004

 

 

http://www.ukhomecomputing.co.uk/pdfs/Bulletin_1.pdf

[delboytrotter]

I have also found the following

 

Form and content of credit agreements

1. The Government indicated in the White Paper that it

proposed to amend the existing legislation to deal with the

following issues:

• The requirement to provide clear pre-contractual

information regarding the proposed credit arrangement.

• Revision of the layout of Regulated Agreements to

encourage consumers to read the terms prior to entering

into agreements.

• Improving the presentation of the terms and conditions.

• Enabling contracts to be completed on-line.

2. The Consumer Credit (Disclosure of Information)

Regulations 2004 make provision for the disclosure of precontractual

information. They will not apply to:

• distance sales (those conducted without any face to face

contact e.g. entirely by post or telephone); or

• credit agreements to be secured by mortgage on land,

which will require a copy of the proposed agreement to

be served by virtue of Section 58 of the Consumer Credit

Act 1974.

Otherwise the Disclosure Regulations will apply to all

regulated consumer credit agreements and will require

credit providers to give customers pre-contractual

information in a manner which does not form part of the

credit agreement and which precedes it.

3. The Disclosure Regulations set out the pre-contractual

information which is required to be issued. Although the

Disclosure Regulations are substantially shorter than the

draft issued in the consultation paper (mainly as a result of

excluding distance sales from their application), the

provisions relating to the manner of disclosure are more

comprehensive than in the consultation paper. However,

there are still some matters which will need to be resolved.

4. The pre-contractual information must be contained in a

document that is separate from the contract and which

must be headed ‘Pre-Contract Information’. The

document must not contain any other information or

wording apart from the heading. That does raise the

query as to the format of the document because it must

also contain the information and statements which would

be included in the credit agreement. This would seem to

suggest that the pre-contract information can be

provided in the same format as the actual agreement;

that reasoning is borne out by the DTI’s comments in its

response to the consultation paper. The DTI indicates

that the Disclosure Regulations will enable lenders to

adopt one template design which is dual purpose for precontractual

information and for the agreement.

Nevertheless, this will need further consideration as

credit providers consider how best to provide the precontractual

information. There is nothing in the

Disclosure Regulations which indicates when that

information must be provided. Lenders will therefore

also need to consider the timing issues for supplying this

information and the manner in which they ensure that

the customer understands that the pre-contractual

information is simply that and not the actual agreement.

5. If the Disclosure Regulations are not complied with, then

under Section 55(2) of the Consumer Credit Act 1974,

the agreement will not be properly executed. It is then

unenforceable without a court order, although such a

breach would not render it totally unenforceable. In

other words, the court will not be prevented from

granting the required enforcement order.

[lookinforinfo]

Delboy, I am sorry-I am out of date with the CCA. A new set of regs came in to force back in May 2005-you can see the details here-

 

http://www.harlandsgroup.co.uk/docs/NewCreditAgreements.doc

Although how you prove you didn't it get may be a different matter....

Perhaps if your agreement is in the old style format that would help.

[delboytrotter]

Any idea what a old style format looks like,

I am pretty sure that as i have all the paperwork then it would be there if i had it but i cant find it

Cheers anyhow

[lookinforinfo]

There will be any amount of old style agreements posted in threads all over this forum. The difficulty might be locating the upgraded version.

 

PS I have just come across this website-

CCA changes

 

and near the end of the article it lists a number of changes that should

distinguish the old agreement from the new one-early settlement

quotations are to be reduced from 28 days to just 7 days is but one

example.

And the actual format has changed and there will be new headings

laid out in precise order -Key Financial Information, Other Financial Information and Key Information.

[delboytrotter]

I have the new type agreement but i was never given the Pre Contract Information, do i assume as i have all the other paperwork and that i was not present until signing day that i never recieved it and add this to list of things that have gone wrong or should i ignore it.

I also realised that the car i bought was on show at one garage and when the paerwork was being signed it was actually in the name of another garage across the road which is part of the same company but with a different name.. iwonder if there is anything wrong in doing that. basically i though a was buying from ABC when in fact i was buying form CBA for instance.

 

Cheers

[delboytrotter]

Before my solicitor could even get things rolling Capital bank have issued a termination as i have not paid anything since repudaiting the contract...

This just gets funnier, they have also asked for the car back but i dont have the car the garage does "surprise" i dont think they ahve a clue what they are doing

[delboytrotter]

THE SAGA CONTINUES:- i am still having a lot of hassle with Capital Bank, i now have a solicitor and we had an inspection carried out on th ecar today and they have found loads wrong with it including evidence of a poor repair from an accident, can any one tell me the law in scotland with regards a dealer selling used cars that are damaged repairables, we dont know how badly damaged it was but the repair was a botch and is now rusting....

It just gets better and better, i paid £6000 for the car and the engineer said today it was worth about £5-600. just waiting on his written report now,