Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
How can I help with this and I will try my best.
This was the previous questions I asked :
Alex Watts says:
When was the last payment date please?
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Hi Alex. Approximately September 2011.
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1) Yes they could TRY and issue a claim or get you to pay
They have 6 years from the date of last payment under the Limitation Act 1980 to try and bring a claim
But given what you have said I am sure any claim would not be successful, but they have 6 years
In any event you would be able to sue them and the finance company as the finance company is jointly liable under section 75 of the Consumer Credit Act for breaches by the supplier
2) Yes the fact you were sold a UK vehicle but an import is breach of contract by misrepresntation
Had you know the true origin you would have not likely purchased it I assume
That being the case the remedy is that any debt is written off
If they knew that the item was imported and told you so, then this could be considered fraudulent misrepresentation and in fact you could sue them
But under the circumstances Jon I am sure they want to maintain the status quo
Thank you Alex, that is very helpful. Referring back to my original questions - Am I right in assuming that if they have had the car back and sold it, they have therefore recouped a significant sum of money and that should be shown in their calculations of what they feel is owed?
Yes indeed that is correct.
You would be due a rebate and the value back to the account
Excellent. Lastly, what about the interest charges? Effectively they've had the vast majority of their money back by way of my deposit and payments made in the early months and the sale of the vehicle. Can they charge me for outstanding payments and/or interest when they've recouped so much?
Well they can try but of course you would have a claim against them for breach of contract by misrepresentation
Therefore they are unlikely to try
Any rebate / charges would be governed by the consumer credit act
There is a formula
Can I clarify anything else?
Yes I remember.
Okay, excellent. They have responded with a letter. There are a number of questions it has raised for me but hopefully you can clarify the two main ones and that'll give me a good basis to go back to them.....
They have said "please note that s75 of the Credit Consumer Act 1974 does not apply to hire purchase agreements or conditional sale agreements as they are not debtor-creditor-supplier agreements". I cannot see that being the case but is that correct?
If its on finance because of it then Section 75 applies
If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
Thank you Alex. I don't have a legal background so my apologies for asking for clarification.
If you signed for credit, its a regulated agreement.
Can I clarify anything else for you please?
The company actively highlight the fact they do not finance imported cars. Regardless of whether the car was sold as an import or not (of course, it was not) if it is later proven to be imported as mine was, is that grounds to 'get out' of the finance agreement?
No of course not.
In any event they would be in breach of the Sale of Goods Act, not as described.
I would not have purchased the car had I known it was imported. I was not told it was an import and found that out many months after I had bought it. Does that not give me any grounds?
Yes it is misrepresentation as well. This means they are in breach of contract.
Looks like I already said this last time too!
You did and I thank you for that. I put that to the solicitor who have said "their client does not feel that proving the vehicle was an import absolves me for liability"
Well I think if its an import and was not described as one - this is pretty misleading.
But in any event of course they are going to deny liability
They haven't but could they argue that whilst they did not advertise it as an import, they didn't advertise it as a UK one either? That would be quite unfair I suggest but could they?
Yes its misleading.
I am sure that is a breach of Trading Standards regulations (but I couldnt tell you which one)
They clearly want the agreement paid and I simply would never have even bought this car had I known. Would you advise I use the fact I've been misled as my defence or would you advise a different or additional approach to this? Ultimately, neither me or the finance company would even be in this situation if I'd known
Yes I would agree.
The legal position for you is good.
They have requested I provide evidence they advertised the car as a UK vehicle. Surely I was entitled to assume that was the case as I bought from a very reputable supplier? Apologies again to labour on this 'misleading' point
Yes. I agree
If it was an import they should have made reasonable efforts to say it was not
S75 of the Credit Consumer Act 1974 definitely does apply?
In any event the Sale of Goods Act and Misrepresentation Act
Lastly - I never received anything from the funder. I never visited the dealership as the car was delivered. This means all the documents were signed at my home and scanned via email. The funder never had the original and I obviously never received a counter-signed copy. Is that of any relevance?
I don't think so - you just need to concentrate on your case
Very lastly!....... I put to them your suggestion that the remedy to this matter to be writing the debt off. Their client (the funder) are not prepared that proposal. What should be response to that be in my letter?
*accept that proposal
You just say that you are willing to pursue this matter further if they do not accept.
Are they likely to know I have very good grounds to take that stance?
Yes I would think so
They are just trying it on
Thank you Alex. You've been very helpful. I'll write to them again this week and if it's okay with you I'll send you another question(s) if they do not respond positively. Paying more obviously. Thank you again. I'll release your money now.....
Yes good luck and remember I am always happy to help in future. Just put for my attention
Let me know how you get on