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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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We presumed we took out a Hire Purchase loan on a static caravan

Customer Question

We presumed we took out a Hire Purchase loan on a static caravan In Hastings in 2007 , as being self employed my work went very quite and decided to use our consumer rights and voluntary terminate the aggreement as we had paid back over 50%, unfortunatly we was told we could not as we had a lease purchase agreement and have no rights to do so.
we have had 2 caravans before on site all with hp agreement and presumed this was the same.
Also we would never own caravan if we carried on paying the rest of time ( another 5 years ) as we would have to buy the van at end on a value it would be worth.
I feel it is wrong have spoke to boss of site and he agrees no vans are sold on a lease purchase but theres nothing they can do.
hope you could give me some advice as i feel i have been mis sold a loan and would like to pursue that line.
Many thanks

Steve Read
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome to Just Answer.

Who arranged the loan for you?

When you took the loan did you explain what you intended to use the loan for? Did you request an HP Loan?

Kind regards

AJ
Customer: replied 3 years ago.


we took loan out with barclays patner finance (barclaycard origanally) through the site sales team, just presumed it was another hp finance as we have had 2 caravans previouslly from 2004 on that type of aggrement and have copys of them, but we up graded to a better plot on site. Coghurst Hall Hastings, Park hoidays,


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Did you make it clear to the sales person you were taking to that you required some flexibility with the loan?

Kind regards

AJ
Customer: replied 3 years ago.


No just expected to carry on with same agreements we have had previousally, they just re calcualted it gave us monthly payments cost and time ( ten year aggrement ) we also had previouse balance on caravan before carried over and was told we had 10 year payments of £487.00 per month, Also we never recieved origanal copy of agreement just a faxed copy i got from barclays recentally


 


but can confirm its my signature on copy


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

If you are going to prove you have been mis sold you will need evidence.
The fact that you thought you were taking on an agreement similar to the previous products should assist.

Write to the bank as follows:
- Ask them to confirm that they will not take any enforcement action until you have had an opportunity to take advice.
- Secondly ask them to immediately send you a copy of their case file for this matter. Say that the product is completely inconsistent with what you have previous been sold and you have grounds to believe you have been mis sold.

One of two things will probably happen - the bank will read their file and realise you have been mis sold and try and negotiate or they will agree to send you the file and in which case you will be able to look at the evidence yourself.

Is the matter on going at the Ombudsman?

Kind regards

AJ
Customer: replied 3 years ago.


thanks AJ


 


yes it is with Ombudsman now they have sent letter to park holidays them selfs from last wednesday, also barclays have the loan down as a motor car, but in fact its a static caravan ( holiday home )


 


thanks for info & being patient with my answers, ( and spelling )


 


Steve Read


 


 


 

Expert:  Alex J. replied 3 years ago.
Hi,

No problem.

Please do not hesitate to ask any follow up points.

I think it is very important that you obtain as much evidence as you can. Any emails and barclays case file will all help to build a picture of mis selling if you have been mis sold.

I look forward to hearing from you.

Kind regards

AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.


Thanks Aj


 


Will continue with what you have adviced hope to be back in contact


 


Steve Read

Customer: replied 3 years ago.
Hi AJ

Just one quck follow up point.

I was advised to miss 3 month payments to Barclays . And let I go to creditors to sort out.
I do not want to go on that road yet as have good credit rating, and do not want to default in anyway .
All my payments are up to date, but should I default before I pursue to get a case?

Thanks again

Steve read
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

May I asked who advised you to default?

I personally would not default for the very reason you have highlighted.

See if the bank will agree a "holiday" on the payments first.

Kind regards

AJ
Customer: replied 3 years ago.
Hi AJ
Barclays partner told me to default on 3 months before it can be referred to the creditors, but feel it was wrong advice. But yep using common sense I did not take advice but will keep paying best I can till dispute can be settled, thanks for reply
Expert:  Alex J. replied 3 years ago.
Hi,

No problem I wish you the best of luck.

If you can try and get that in writing from Barclays.

Kind regards

AJ
Customer: replied 3 years ago.
I have thanks ageing
But just a quick question, if every reply you send me does it cost me £39 quid?

Thanks again AJ
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

No it does not.

If you have any specific questions about the charging system please contact customer services.

Unfortunately the experts are users of the site just like you and have no control over its administration.

Kind regards

AJ
Customer: replied 3 years ago.
AJ
No was joking with cost, but thanks you have really helped and I will pursue you're advise

Steve
Expert:  Alex J. replied 3 years ago.
Hi,

Thanks.

No problem - I dont blame you £39 per response would be steep by any account.

Let me know if you have any follow up points.

Kind regards

AJ

Customer: replied 3 years ago.
Lol thanks AJ
Expert:  Alex J. replied 3 years ago.
I wish you the best of luck.

Kind regards

AJ

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