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You answerd a question for me a fewonths ago! I tried what you said but they have yet not sent me the paperwork. What can and what should i do
Submitted: 8 years ago.Category: UK Law
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Answered in 18 hours by:
6/24/2010
Solicitor: Thomas, Lawyer replied 8 years ago
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,724
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi,

 

I think you're going to have to give a bit more detail about your original question and the circumstances in which you now find yourself so that an expert can answer.

 

Kind regards,

 

Tom

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Customer reply replied 8 years ago
1 Accept / 1 Answered Question
  
 
I had my car reposesed, They sold it at auction for half the price it was worth, now they want me to pay the balance! I made all the payments in 5yrs apart from the last 4 months and the ballon payment. What can I do?
 
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Province/Country relating to question : Surrey, UK

Already Tried:
Well I have started to pay £100 per month of the 6500 pounds they say I owe, I started to pay to show good faith, but have told them I do not agree and will not pay that amount.

  
 
  
 
  
 
You have accepted an Answer!
From Peter Fortune
Hiya, The key to this is to have a look at the original contract which you entered into with regard to the contract for the car. Frequently however where HP companies repossess the cars they will simply sell at an auction and as long as they have not misrepresented the vehicle or what they are selling they can take whatever they get for the vehicle. The law on this matter states that you have a claim where they make a mistake about what they are selling - but not generally otherwise. I would thus write to them for a copy of the contract and also details of the instructions which they put on the sale of the car. This will tell you whether are liable to pay. I hope that this helps Unless I have just asked for information please press the green ACCEPT button as I then get credit for my time, but will be happy to continue this dialogue
ACCEPTED
Solicitor: Thomas, Lawyer replied 8 years ago

Hi,


That's not really my area, I'll opt out and see if Petr Fortune available to answer.

 

Kind regards,

 

Tom

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Solicitor: Jo C., Barrister replied 8 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 71,543
Experience: Over 5 years in practice.
Verified

Hi,

 

Please forget about what you have been told already can you tell me if there is a CCJ against you and also what type of contact is this?

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Customer reply replied 8 years ago
No ccj that I know of and what type of contact or contract? If contract it is HP I think! The point is they sold to cheap and I have asked them for details of the bill of sale and auction details to see If they got the right car! It's been 5 months and the debt collector says he has asked Bank of Scotland for the paperwork but they just don't send it. I was paying 100 peronrh in good faith but stopped this month as I have not got the papers!
Solicitor: Jo C., Barrister replied 8 years ago

OK.

 

How far into the HP agreement were you when you defaulted?

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Customer reply replied 8 years ago
Four and a half years but had a ballon payment to amke at the end and miss four payment, I think they may have misrepresented the sale of the car at auction.
Solicitor: Jo C., Barrister replied 8 years ago
And how long was the term of the HP ? 5 years or 7?
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Customer reply replied 8 years ago
5
Solicitor: Jo C., Barrister replied 8 years ago

In that case they should have had a court order to repossess the car. You can complain to the financial ombudsman and the office of fair trading. Also complain about the fact that they haven't released the contract.

 

If they have acted without lawful authority then you can sue them for the full cost of the car. Check carefully before you take that action though as there is a cost implication.

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