Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR?

abs184 · 26th May 2009, 14:44

Hi,

First time posting on here. After reading some of the posts I looked over my own HP agreement which was entered into before April 2007 and found that it is unenforceable. This being the case who does ownership of the car lie with. Is it me or the creditors. Also, if they can't enforce the agreement and force me to make payments, can they recover / repossess the car?

raydetinu · 26th May 2009, 18:07

If it is on HP as you say then they own the car not you; until all monies are paid. What makes you think the agreement is un enforceable?

abs184 · 26th May 2009, 18:36

thank you for your post. I have had a hell of a lot of time on my hands since I had to stop working and have read a lot on consumer credit etc. I will need to pass it through a solicitor but I think that the agreement is unenforceable because the figures in the agreement are wrong. My receipt from the dealership say purchase price £10,500.00 with acknowledge of receipt of £200 by way of a deposit. However the HP agreement has on it purchase price of £10,900.00 and Payment Protection Insurance and no mention of £200 deposit. As I understand it, if the discrepancy is because the dealership made commission that should have been disclosed to me - if it was anything else it should have shown as a charge for credit. It didn't. Because it was entered into before April 2007 I believe it is entirely unenforceable.

I never asked for PPI and it was inserted without my permission. Also my circumstances were such that it would not have been appropriate to sell me PPI.

In addition to the agreement being unenforceable I think PPI was missold to me and there has been an undisclosed commission by the people at the dealership (hence the discrepancies in figures). I wanted to recover compensation / damages whatever it is for these but I didn't know where I stood with the car I haven't paid one third off yet so it is not protected under the CCA 1974

postggj · 26th May 2009, 18:52

who is the finance co

sounds like yes car

if the agreement is crap and they repo with out a court order, they are in big trouble

sorry did not see you have still to pay a third

Josie8 · 26th May 2009, 23:28

hp agreement unenforceable - you can keep the goods

abs184 · 26th May 2009, 23:46

postggj - its not yes car

josie8 - do you know if there is any authority that I can keep the car?

raydetinu · 27th May 2009, 16:18

Did you sign the agreement form with all the figures and sums disclosed, at the dealers; if so then its a valid agreement, you signed it, you had the oppotunity to check it there.
if you signed it later, when sent through the post, you would have had 14 days to check it and decline it if you wanted.
If they added the insurance later and took the DD amount, then you can claim that back as that would be subject to seperate agreement that I pressume you did not sign up to.

ncf355 · 27th May 2009, 17:00

Quote:

Originally Posted by raydetinu

Did you sign the agreement form with all the figures and sums disclosed, at the dealers; if so then its a valid agreement, you signed it, you had the oppotunity to check it there.
if you signed it later, when sent through the post, you would have had 14 days to check it and decline it if you wanted.
If they added the insurance later and took the DD amount, then you can claim that back as that would be subject to seperate agreement that I pressume you did not sign up to.

Err I beg to differ!

Your logic is very flawed, otherwise Wilson would never have won her case?

It is most certainly not enforceable if the figures dont tally with the garage receipt - it is quite right that this could suggest undisclosed commision which would make it unenforceable

What are the figures, ignoring the amount on the receipt and just taking the agreement at face value, do the figures for the interest autolinker.com autolinking image

charged add up?

abs184 · 27th May 2009, 21:50

ncf355 - I'll have to go through the figures again but I'm sure they add up - thats if they are taken at face value not including whats on the receipt and the fact that the deposit of £200 is not acknowledge of the HP agreement itself.

I read wilson but didn't know if it applied. If i'm not mistake that was a loan agreement for fixed sum with her car as security. different to a HP agreement isn't it? does wilson apply?

26th May 2009, 14:44	#1 (permalink)
abs184 Basic Account Holder Watch out, there are Claims Touts about! Cagger since : May 2009 Posts: 4	Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? Hi, First time posting on here. After reading some of the posts I looked over my own HP agreement which was entered into before April 2007 and found that it is unenforceable. This being the case who does ownership of the car lie with. Is it me or the creditors. Also, if they can't enforce the agreement and force me to make payments, can they recover / repossess the car?

26th May 2009, 18:07	#2 (permalink)
raydetinu Classic Account Holder eBay user? Find misspellings and zero-bid items Cagger since : Mar 2008 I am in: camborne Posts: 1,683	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? If it is on HP as you say then they own the car not you; until all monies are paid. What makes you think the agreement is un enforceable?

26th May 2009, 18:36	#3 (permalink)
abs184 Basic Account Holder We need funds Please donate something Cagger since : May 2009 Posts: 4	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? thank you for your post. I have had a hell of a lot of time on my hands since I had to stop working and have read a lot on consumer credit etc. I will need to pass it through a solicitor but I think that the agreement is unenforceable because the figures in the agreement are wrong. My receipt from the dealership say purchase price £10,500.00 with acknowledge of receipt of £200 by way of a deposit. However the HP agreement has on it purchase price of £10,900.00 and Payment Protection Insurance and no mention of £200 deposit. As I understand it, if the discrepancy is because the dealership made commission that should have been disclosed to me - if it was anything else it should have shown as a charge for credit. It didn't. Because it was entered into before April 2007 I believe it is entirely unenforceable. I never asked for PPI and it was inserted without my permission. Also my circumstances were such that it would not have been appropriate to sell me PPI. In addition to the agreement being unenforceable I think PPI was missold to me and there has been an undisclosed commission by the people at the dealership (hence the discrepancies in figures). I wanted to recover compensation / damages whatever it is for these but I didn't know where I stood with the car I haven't paid one third off yet so it is not protected under the CCA 1974 Last edited by abs184; 26th May 2009 at 18:40.

26th May 2009, 18:52	#4 (permalink)
postggj Royalties Account Holder Protect your signature with SignGuard Cagger since : Aug 2007 Posts: 14,449	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? who is the finance co sounds like yes car if the agreement is crap and they repo with out a court order, they are in big trouble sorry did not see you have still to pay a third

26th May 2009, 23:28	#5 (permalink)
Josie8 Classic Account Holder Is your bank avoiding its debts Data disclosure poll Cagger since : Nov 2006 Posts: 1,436	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? hp agreement unenforceable - you can keep the goods

26th May 2009, 23:46	#6 (permalink)
abs184 Basic Account Holder Give yourself a better chance with our claims guides and litigation kits Cagger since : May 2009 Posts: 4	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? postggj - its not yes car josie8 - do you know if there is any authority that I can keep the car?

27th May 2009, 16:18	#7 (permalink)
raydetinu Classic Account Holder Protect your signature with SignGuard Cagger since : Mar 2008 I am in: camborne Posts: 1,683	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? Did you sign the agreement form with all the figures and sums disclosed, at the dealers; if so then its a valid agreement, you signed it, you had the oppotunity to check it there. if you signed it later, when sent through the post, you would have had 14 days to check it and decline it if you wanted. If they added the insurance later and took the DD amount, then you can claim that back as that would be subject to seperate agreement that I pressume you did not sign up to.

27th May 2009, 21:50	#9 (permalink)
abs184 Basic Account Holder eBay user? Find misspellings and zero-bid items Cagger since : May 2009 Posts: 4	Re: Hire Purchase AGREEMENT IS UNENFORCEABLE - WHO OWNS THE CAR? ncf355 - I'll have to go through the figures again but I'm sure they add up - thats if they are taken at face value not including whats on the receipt and the fact that the deposit of £200 is not acknowledge of the HP agreement itself. I read wilson but didn't know if it applied. If i'm not mistake that was a loan agreement for fixed sum with her car as security. different to a HP agreement isn't it? does wilson apply?