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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a hire purchase agreement for a vehicle from 2009. Tha

Customer Question

I have a hire purchase agreement for a vehicle from 2009.

Tha car was taken back by the finance company 3 months into the agreement as i could not maintain full agreed payments as i was made redudnant and unemployed. I made token payements and advised them of my situation.

when the car was retrieved it was sold at auction, i was told i am liable for the remianing balance which i have bene paying ever since on a debt management plan agreed reduced rate.

Is there anyway that the remaing debt can be written off due to the unfair circumastances it was revoked and the fact that I am now actually paying back monies i did not technically borrow. i have all detials, terms and conditions etc. it also took me 9 months and involvmeent from the FOS to obtain these simple details.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What did the FOS say about your claim please?

JACUSTOMER-f5jw9ech- :

the complaint with the FOS was that the infomration was not provided, i did mention that i felt the debt was no longer owed but did not give details as to why. at present they have said they feel the amount is still owed but they do not know any details of the agreement, they also had the incorrect infomration in regard to balances owed etc.

Alex Watts :

I see.

Alex Watts :

Its probably bad news I am afraid

Alex Watts :

You have been paying the debt

Alex Watts :

In reality you are liable for it no matter how unfair your redundancy position is

Alex Watts :

Are you owed money from this or do you still have arrears?

JACUSTOMER-f5jw9ech- :

it has technically been in arrears since 2009 when i failed to keep up the first full payment, they were not even sypathetic to my situation and cahsed me agressively and did not offer alternative arrangements until the had taken the vehicle back.

Alex Watts :

Yes I understand, but are there arrears?

Alex Watts :

As of now?

JACUSTOMER-f5jw9ech- :

yes af far as they are concerned

Alex Watts :

Ok - well sadly you have to repay it

Alex Watts :

If you had the car and it was given back, they will sell the vehicle and apply the proceeds

Alex Watts :

If there is a shortfall and there will be, you are liable for that

Alex Watts :

So that is your debt and by paying it you are agree the fact

Alex Watts :

Your only options is to complain to the FOS about the debt itself and the way it has been handled.

Alex Watts :

If they find for you they could recommend that it is written off

Alex Watts :

But if they dont find for you, you could try and take it to Court but the lender will use the FOS decision against you

Alex Watts :

Technically you are liable

Alex Watts :

But try the FOS to see what they say about the debt itself

JACUSTOMER-f5jw9ech- :

thanks

Alex Watts :

I realise this may not be necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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