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Is my motor loan balloon a PCP contract?

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  • Is my motor loan balloon a PCP contract?

    Hi All.

    I would really like some help if possible? I have a car leased (so I thought) on a 48 month contract. On paper, it is me that owns the car - I am the registered keeper. After four years it appears that I have the option to pay +£5000 and permanently and lawfully keep the car. I have contacted the hire company who have informed me that my agreement is a "motor balloon loan" but they have failed to confirm whether this falls under the category of "HP" or "PCP". I have a contracted term to pay Barclay finance (on behalf of the company), and I must adhere to a certain amount of miles driven, therefore, it is clear to me that I do not have full ownership and freedom of the car, so it is not a straight forward loan so to speak with me owning the car. The car was dropped off with no deposit or up front payment needed. When inquiring about VT the response was - "No costs would incur to voluntary terminate but this would show on your credit profile, and again, the vehicle would be checked for standards and mileage".

    Below is the contract... Does this sound like a "PCP" agreement? -

    Type of Enquiry: Motor Loan Balloon

    Terms & Conditions of Vehicle Order

    We hereby agree to accept delivery of the above vehicle, within one month of the requested delivery date subject to availability. I/We fully understand that the figures set out below are subject to revision due to ??????????? being able to obtain the vehicle at the figure upon which their quotation has been based. Should there be an increase in funding charges beyond the control of ????????? , I/We have the option to cancel this order. In the event of I/We cancelling this order for any reason other than stated, or failing to take delivery within the specified time, then I/We shall be liable to pay a cancellation fee of 3 times the monthly payment plus VAT to ???????????. Any costs incurred by debt collection agents in the course of collection of this sum will also be payable.
    Tags: None

  • #2
    Do you have a copy of the credit agreement ?
    #staysafestayhome

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    • #3
      I have been through my documents and cannot see that unfortunately. I have just found this additional information if it helps - reply from the finance group, "The finance agreement which is most suitable to you is a".............(In box it states "ACCOM"). With out sending more confidential info, it is difficult to send you the relevant response as i do not actually know what I am looking for.

      Regards

      Comment


      • #4
        I'm afraid if you aren't able to provide the documents which, by the way you can do by redacting your personal information and then uploading an image or PDF version of it, then you are going to get a limited answer.

        A motor loan balloon agreement is a name made up by Barclays probably to confuse people as to what type of agreement it is. For a start, you are already mixing up the agreement types because you initially referred to your agreement as a lease - a lease is a hire contract that does not have a VT right, a PCP is a variation on a HP agreement which does have the VT right.

        If there is an option to pay a balloon payment at the end of the instalments then you are likely to have a PCP/HP type agreement and you should see a box near the front of the agreement that says "TERMINATION: YOUR RIGHTS". If you don't it's probably another type of agreement which could be a personal loan where you own the car outright.

        That's about as much help as I can give without seeing the agreement.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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        • #5
          Thank you for your help I have found an agreement titled - "Fixed sum loan agreement - regulated by consumer credit act 1974". This has been issued by Barclays partner Finance.

          Regards

          Comment


          • #6
            So you should own the car outright on a fixed sum loan though this type of loan shouldn't have a balloon payment.. the clue is in the name.

            It should be a fixed monthly amount, over a fixed period of time with fixed interest.
            If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
            - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
            LEGAL DISCLAIMER
            Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

            Comment


            • #7
              Annotation 2019-10-14 220704.png

              Comment


              • #8
                Yes quite confusing as a balloon payment is stated at the bottom. Apologies for the vague information.

                Comment


                • #9
                  So it is a personal motor loan with a balloon payment. Seems to be a hybrid of a PCP and a fixed sum loan agreement.

                  https://www.barclayspartnerfinance.c...nanceproducts/

                  chrome_WOx6pGUbt8.png
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    Based upon that information and your experience, would VT apply to this type of setup? If so, would the VT declaration be sent to Barclays directly? or the car company?

                    Comment


                    • #11
                      VT does not apply. It is a personal motor loan which as the product details describe, you own the vehicle.
                      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                      - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                      LEGAL DISCLAIMER
                      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                      Comment


                      • #12
                        Thank you I appreciate your support. Take care

                        Comment


                        • #13
                          ....
                          Last edited by Branston; 20th February 2023, 18:17:PM.

                          Comment


                          • #14
                            Hi Branston - best to repost your problem as a new thread as lots of members will not see it on this old one

                            Comment

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