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I am almost 2 years into my hire purchase agreement for my

Customer Question
Hi, I am almost 2 years...
Hi,
I am almost 2 years into my hire purchase agreement for my car. Last night I got the paperwork out as I am thinking of selling the car. I noticed that the registration is wrong. I checked the registration online and the car I am paying for is a car 4 years newer to mine and registered to someone else.
I also noticed that the agreement number on the document is different to the one I signed.
Where do I stand with this? I am in the UK.
Submitted: 1 year ago.Category: UK Law
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8/22/2016
Solicitor: Ben Jones, UK Lawyer replied 1 year ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 48,485
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

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Solicitor: Ben Jones, UK Lawyer replied 1 year ago

Have you contacted the dealer/finance company regarding this?

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Customer reply replied 1 year ago
Not yet. I want to know where I stand first. As I am hoping I may be able to use this to my advantage. i.e I may be able to just give them the car back, rather than having to pay it off and sell it.
Solicitor: Ben Jones, UK Lawyer replied 1 year ago

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

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Customer reply replied 1 year ago
Thanks, ***** ***** need an answer quite quickly so please don't worry.
Solicitor: Stuart J, Solicitor replied 1 year ago
Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22,624
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Verified

I will try to help you with this.

How different is the registration number? Is it just one digit out?

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Customer reply replied 1 year ago
No it is completely different. As it the proposal number.
Solicitor: Stuart J, Solicitor replied 1 year ago

Thank you.

They are not entitled to enforce an agreement regulated by the Consumer Credit Act until such time as they send you a copy of the correct agreement which you signed. Under section 77 or 78 of the Consumer Credit Act you are entitled to have a copy of the agreement you signed and for which you are required to pay the princely sum of 1 pound.

If they don’t supply you with a copy of the agreement, they are not entitled to enforce the terms of the agreement until they do.

Please note that this only applies to agreements which are regulated under the Consumer Credit Act.

For a fixed amount of credit it is section 77 (such as a loan) of the Consumer Credit Act 1974 which applies and section 78 applies in respect of rolling (variable/credit card) credit.

http://www.legislation.gov.uk/ukpga/1974/39/contents

If you look at each of the sections, you will see that you have to send them a fixed payment of a pound under sub section (1) and that under sub section (4) (a), they are not entitled to enforce the agreement.

It is certainly worth trying that angle

Does that answer the question? Can I answer any specific points arising from this?

Please do not forget to use the rating service to rate my answer positively. If you don’t rate it positively, the then I don’t get any credit for my time.

You may get the impression the thread closes after rating, but it does not, it remains open and we can still exchange emails if anything needs clarification.

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