Cause of Action Discussion

[charharp]

Re: Cause of Action Discussion

BMW finance are the owner and the creditor they will remain the owner until the last payment and the transfer fee is paid it is how hire purchase has worked since before the HP act 1964.

The goods are on hire until they are purchased hence "hire purchase"(I cannot believe I am having to explain this).

EDITED ..... The car is leased/rented until all of the payments are completed, so when a payment is missed this is not the COA because the whole outstanding sum is not owed at this point. It's only when the contract is terminated that all future payments become owed.

If you took out an unsecured loan to buy the car the whole outstanding some is owed as soon as you buy the car and when you break that agreement by not making a payment that is the COA.

EDITED.....

Re: Cause of Action Discussion

Well I don't think I have ever seen an HP agreement , I wonder if you could post it or a link to it. Never let it be said I will not look at all evidence

I have hundreds. Usually involving dispute re voluntary termination clauses.

Re: Cause of Action Discussion

"If the hiring is terminated, or the Owner has accepted the Customer's repudiation, the Customer shall, at the Customer's own risk and expense immediately return the Goods to the Owner ... For the purpose of retaking possession of the Goods, the Owner shall have the right to enter any premises in the occupation of, or under control of, the Customer ..."

extract from BMW contract. Note how BMW financial services refer to themselves as the OWNER. you really are not worthy of my time.

BMW finance are the owner and the creditor they will remain the owner until the last payment and the transfer fee is paid it is how hire purchase has worked since before the HP act 1964.

The goods are on hire until they are purchased hence "hire purchase"(I cannot believe I am having to explain this).

[jon1965]

Re: Cause of Action Discussion

Well I don't think I have ever seen an HP agreement , I wonder if you could post it or a link to it. Never let it be said I will not look at all evidence

Re: Cause of Action Discussion

Copied these here for reference

The Facts
BMW Financial Services (GB) Limited ("BMWFS") entered into a hire purchase agreement (the "Agreement") with Mr Hart. It does not appear that the Agreement was regulated by the Consumer Credit Act 1974 (the "CCA"). In July and August 1999, Mr Hart failed to pay two monthly instalments. By a letter dated 26 August 1999, BMWFS accepted Mr Hart’s repudiation of the Agreement and terminated it. BMWFS demanded payment of the unpaid balance.

http://www.wragge.com/published_articles_9406.asp

t took the Court of Appeal to determine when the clock started to run. Under the HP agreement entered into between the parties,

http://www.forwarn.com/news/db.asp?P...ance_Companies

Mr Hart entered into a hire purchase agreement in March 1999

http://www.lexology.com/library/deta...7-21b6701a273e

BMW Financial Services (GB) Limited ("BMWFS") entered into a hire purchase agreement (the "Agreement")

http://uk.practicallaw.com/5-522-012...elatedcontent#

[charharp]

Re: Cause of Action Discussion

It's the BMW contract from the hart case. Go on then Andy Von Brainstorm tell me where I'm going wrong in your world.

Re: Cause of Action Discussion

I am not sure what is going on here, but I cannot believe that we are arguing about a HP agreement.

Perhaps a new thread should be started where we can explain what one of these is and how it works, if someone would direct the chap to it we could get on with discussing something more challenging.

[jon1965]

Re: Cause of Action Discussion

Oh so you have found a contract now i see. You are still misinterpreting the meanin because it doesn't fit your argument. You seem to have a habit of that.

Pray do tell, is it the actual bmw contract from the case or one from the same time?

[charharp]

Re: Cause of Action Discussion

"If the hiring is terminated, or the Owner has accepted the Customer's repudiation, the Customer shall, at the Customer's own risk and expense immediately return the Goods to the Owner ... For the purpose of retaking possession of the Goods, the Owner shall have the right to enter any premises in the occupation of, or under control of, the Customer ..."

extract from BMW contract. Note how BMW financial services refer to themselves as the OWNER. EDIT

[charharp]

Re: Cause of Action Discussion

If you would only listen, rather than throw insults, Charharp, you could be learning at the feet of the Masters.

I sincerely doubt that MissFM.

[MissFM]

Re: Cause of Action Discussion

That's what I said EDIT, you're quote actually says ''36 monthly RENTALS''.

You are not capable of understanding the level of information needed that's a given at that point. But now I'm questioning your ability to read.

If you would only listen, rather than throw insults, Charharp, you could be learning at the feet of the Masters.

[jon1965]

Re: Cause of Action Discussion

Charharp
Please do not derail this thread by resorting to your insults again.
As Andy explained and I agree with the word rental in the agreement is just that..a word.

I believe that any one with any common sense would agree that this was a finance agreement although you might want to argue it was secured on the car.

[charharp]

Re: Cause of Action Discussion

That's what I said EDIT, you're quote actually says ''36 monthly RENTALS''.

You are not capable of understanding the level of information needed that's a given at that point. But now I'm questioning your ability to read.

Re: Cause of Action Discussion

Back on ignore

Re: Cause of Action Discussion

It is a rental. BMW financial services buy the car from BMW and lease it to him, hence HIRE purchase. It's only upon completion of monthly rentals and final balloon payment that the care becomes his.

I thought you had gone and took you off ignore.

Yes this is how a hire purchase agreement works, you really do not know anything do you.

Actually Mr hart signed an agreement with the finance company

2. The essential facts of the case are that under a contract signed by both parties on 1 March
1999Mr Hart took a Land Rover Discovery motor vehicle on hire purchase from the appellant, for a total sum of just over £35,000 less a deposit paid of £500, with instalments to
be paid as provided in the contract. The balance of the amount payable, including interest
charges and other fees, came to £39,967.25. The contract provided for 36 monthly rentals,
each of £690.40, followed by a final balloon rental payment of just over £15,000.
3. Clause 2(b) of the contract referred to the rental instalments and the final balloon rental,
and ended by stating: