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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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My father entered in hire purchase agreement for a vehicle

Customer Question

My father entered in hire purchase agreement for a vehicle on his own choice and decided to register the vehicle under son name. Son was happy to assist in making payments as father currently on benefits and income support. Son stopped assisting in making payments. Father asked son to now take out personal loan on behalf of father to settle h/p agreement on vehicle. Son complies to help father out personal loan gets accepted an signed by son. Son books cash to take out as asked by father and gives to him to settle agreement. Father now later decides not to use the funds given to him by son and spends the money. Initially father agreed to be paying son back payments every month which he did until personal misunderstanding takes place over mother and father. Son asked father to payback monies owed father refused. Son now sell the vehicle and continues to pay off personal loan signed under his name. Before this finance company seeked repossession of vehicle via court proceedings father attended to court to plead and asked to reduce monthly payments which was accepted. Father also lied and said that he works when has never worked in his life and also hat he has a 93year father who depends on the vehicle to be taken around. Son has never seen or met grandfather and mother marriage certificate shows mother and father deceased. The matter is in court as father has taken son to court to payback arrears and outstanding amount on h/p vehicle. Court ordered mediation to take place which is currently in process. However the obvious outcome on this is that based on father saying that the vehicle was for son benefit therefore his liable because he has now sold the vehicle. Son taken out loan as requested by father to help out and settle agreement and has failed to do and not paid son back. Neither side is going accept liability for h/p. therefore case would proceed to trial. Father is a pensioner, son works has 1 dependant. Son believes that father is taking advantage and is bullying him because of certain family issues between mother & father. Son needs legal advice can not afford solicitors fees and is currently in a reputable job father pursuing to tarnish son career mainly over jealousy. Son feels that if and when case goes to trial he will get bullied by father solicitors if he has no one to represent him legally. Any advice what should son do? When son seeked legal advice regarding personal taken out on father behalf was outright told that no case you signed therefore you are liable to Complete payments which son did. Any advice on mediation what to look out for and expect etc... What is your opinion on the likely outcome of the case if went to trial? Who is legally at fault? Is there any suitable solicitors you can recommend to represent son and fight this case aggressively.

Thanks

Son
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Is it just son being taken to court?

Are they just pursuing the debt?
Customer: replied 3 years ago.

yes son being taken to court by father and yes they are only just pursuing the outstanding debt on the h/p agreement vehicle is not worth any value.

Expert:  UK-Justice replied 3 years ago.
Thanks.

The outcome is that the son will be liable.

However he should (if he is minded) to bring a claim joining his dad to the claim.

This means all matters would be dealt with together.

However your son will be liable, based on what you have said.

I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position.



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Customer: replied 3 years ago.

can you explain why son is liable vehicle registration was registred under sons name not finance agreement.

Expert:  UK-Justice replied 3 years ago.
Because I assume they are bringing proceedings because it is registered in his name and decided to sell it.

He disposed of an asset belonging to the hire company. He did not have the right to sell it - it never belonged to him

I assume it is on that basis.

However I would have thought they would also bring proceedings in Dads name because he was named on the agreement.

Does that help?



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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

IsSon has nothing to do with the finance company. finance company are not pursing son for any debt . father is as when he signed h/p agreement under his name but finance company would not allow him to legally register the vehicle under his name because does not have a full uk licence so registered vehicle under son name. if anything finance company are pursing dad for outstanding debt he signed the agreement. son sold vehicle after money was given to father to settle his agreement with finance comapny. Son applied for personal loan and gave money to dad.


 


Beacuse of the dispute or misunderstanding between son and father. father wanted to leave son in debt paying off loan and finance agreement for him. is this right?


 


Son sold the vehicle on the basis that father had settled the agreement but did not .


 


Son has proof loan was taken out but given in cash as father requested did not want it to be transfered as it could interfere with his benifits that he is claiming. sorry but father is a crook!


 


Is it to complex to understand who is actually legally liable? if so no problem.

Expert:  UK-Justice replied 3 years ago.
Yes I understand.

They both could well be liable.

Son for disposing the vehicle

Dad for signing the agreement.




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