Hire Purchase: Default and Voluntary Surrender

[BremenRory23]

Hi,

This is my very first post, so I really hope someone can help. Don't really know my rights and am confused as to what is the best option.

I had a HP agreement for around £17K and the balance is around £10K. I run my own business and as a result my personal circumstances changed significantly, and I was struggling to pay the monthly amount. I wrote a letter asking for help from the finance company to reduce the monthly repayment, but this was ignored. I then received an email explaining that my agreement had been terminated, and Court Papers arrived stating a hearing date of 12/10, as they needed a Court Order to reposess the vehicle. They said the only way I could keep it was by signing a Suspended Return of Goods Form, and agreeing to £436 per month, huge increase from the £381 I was paying. I explained that I was clearly having trouble paying £381, so £436 would be too much, and could we come to a lesser agreement. They flat out agreed, and as I have a youg child and needed the car, reluctantly agreed, but did not sign the Suspended Return of Goods Form. I made the first payment as we had agreed, but have now decided I simply cant afford to continue with the higher payments, and have emailed them to explain if they cant lower them I will have to give the car back.

I have read a lot about being able to give the car back if you ahve paid half, and only then owing a small amount/nothing, but as far as I can see this only applies to consumers who still have an agreement. Mine is terminated (so say the finance company - Moneybarn).

I am really stuck, have no idea where I stand and really feel the finance company have bene looking to make me give this back ever since the agreement was terminated.

Help!!!

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

I was also never informed throughout when I was having difficulty that I could return the vehicle once 1/3 had been paid. Are they obligated to do so? I have been reading a bit about "informed consent", and wondered if I had a case.

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

have you ever received a termination notice

have you checked your credit files to see if the default has been registered with the credit agencies

as you have paid more than a third the judge will prob set repayment figures and let you keep the car

do not hand back the vehicle to the finance company unless ordered by the judge and use the court to your advantage, sign and return the application to repo the car , then see where it goes the application

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

I never received a termination notice by post, and when I told them this (we have been corresponding via email), they said "As a result the Termination Notice was issued on 13 August 2012. It is irrelevant that you claim you did not receive these as they are deemed served in accordance with the Civil Procedure rules."

If the Judge orders me to give the car back, won't this go as a CCJ on my credit file?

So I should go to the hearing?

I have checked my credit file, and there is nothing on there at all about the finance, let alone any default or anything else relating to it.

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

Have you received an n1 county court claim for monies owing or just a return of goods order/or both

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

I have received court papers with a hearing date, and Moneybarn have told me they will be applying for a Return of Goods order at the hearing. They had already agreed a Suspended Return Of Goods Order, which I made the first payment for, but never actually signed the documents to formally agree, just confirmed it by email.

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

I am sorry for keeping on asking but i need to be sure

do the court papers say n1 county court claim and are they asking for money

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

Yes it is an N1 Claim Form asking for money and also for a "Delivery Up of the Vehicle"

In the particulars of the claim they have stated the total price of the goods is £20483.52, and I have paid up £10542.20 at the time of the claim. (i have paid a bit more since then)

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

right then, back to square 1

not your fault though so tell me

1/ have you acknowledged the claim
2/ are you contesting the claim or have you allready pleaded guilty
3/ have you sent a request to the claimant for agreement/default and termination notice etc

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

No. I did not reply to the Claim Form as I received an email from Moneybarn stating that they would agree to a Suspended Return of Goods Order for an increased monthly amount of £436. I argued this was too high, and offered £250 per month. They flat out rejected it, so very reluctantly I agreed (by email) to the £436 per month, and paid the first month in September.

I have not sent any request to Moneybarn for agreement/default and termination notice etc

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

please phone the court and ask has a judgement been obtained by default as i never acknowledged the claim on the claimants instructions, and ask, do i still need to attend court

[miliitant]

Re: Hire Purchase: Default and Voluntary Surrender

ill be back later this evening

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

Thanks very much for your help on this. I just called them and they said nothing has been entered yet, but that doesnt mean to say it is not processing. They reccommended I fill in the Defence form and have it sent in straight away, stating why I had not responded before.

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

I have looked through my paperwork and they have actually entered a witness statement as well, detailing the agreement for the Suspended Return of Goods order.

[BremenRory23]

Re: Hire Purchase: Default and Voluntary Surrender

I now have a new issue I need some help on;

I have discussed the possibility of returning the car back to them, and they have given me a list of addresses. In the contract it states "to such address as we may specify (which will not be any further away than the original supplying dealer)”.

The original supplying dealer was 9 miles away, but the nearest address they have give me is over 60 miles away. I informed them of this, and they refuse to provide a closer address, even though it is a specific stipulation in the contract I signed.

Does this nullify the contract?