How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

In 2005 I signed an HP agreement for my son on a new Audi car

Resolved Question:

In 2005 I signed an HP agreement for my son on a new Audi car for £25,940 and he signed to make the payments from his bank account. He paid a £10k deposit and paid for around 36 payments of an average of £450. Unknown to me my son returned the car which was sold for £7,453 in 2008 as he was late or missed payment. I have been chased for£13599.29 since 2009/10 so requested a copy of the agreement since then. I have finally received a copy of the agreement 2 weeks ago by email but find it difficult to read the faxed document. However it does say that they cannot repossess if £12,034 has been paid. Where do I stand because I did not agree or was informed of the return of the car which I would gladly have kept had I had the opportunity?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer : Hello, thank you for your question. My name is ***** ***** I should be able to assist.
tdlawyer : When you signed the agreement, did you sign as guarantor?
tdlawyer : Are you there?
Customer:

I am here. I'm trying to find whether I'm guarantor on the agreement but don't seem to have been sent all the pages. I thought I was a guarantor but it would appear by my signatures that I took out the HP.

tdlawyer : Was the HP in your name only then on the agreement?
Customer:

It is only my name on the first page of the agreement.

tdlawyer : Okay. Then the H P company should have been dealing only with you. It begs the question as to why they dealt with your son. On the face of it, they could be liable for taking back a vehicle in dealing with it in circumstances when they had no right to do so, as only you would be able to liaise with them under the terms of the agreement.
tdlawyer : But I doubt it will turn out to be that simple. It may be that your son has held himself out as being you. Of course, I do not know that that happened, but I'm raising it merely as a potential possibility.
tdlawyer : The upshot may be that the finance company are liable to you for seizing the vehicle wrongly, but in turn, they will then be able to pursue your son for breach on his part for pretending to be you.
Customer:

The payments came from his account.

tdlawyer : And whichever way you look at this, liability is likely to fall on your son.
Customer:

I'm so confused because of everything went pear shaped and I was not kept informed of the return or selling of the car by either parties but yet am held responsible for the money

tdlawyer :

I think you need to resolve that confusion by having some very frank conversations with your son.

Customer:

Unfortunately he is not around to do so

tdlawyer :

Speak to the finance company too - they must be able to clarify "who" spoke with them etc., and that might tell you all you need to know.

tdlawyer :

I guess either way - if your son has pretended to be you and handed your car back - he is the one in the cross hairs and liable to be sued here.

Customer:

I just need to know my rights as either the guarantor or the HP person. I know for sure that he didn't pretend to be me. It was the deal struck up by the car company as he was not in full time employment

tdlawyer :

SO you're saying the finance company wrongfully took your car back without your consent then. In that case, it would be liable for breach of agreement and you would like be discharged from having to pay anything further. Also, if you have lost out financially by having to replace the car like for like, you should be able to claim that from them.

tdlawyer :

The starting point would be to make a complaint to the finance company and get their written reply.

tdlawyer :

Then if you're not happy, you can complain to the financial ombudsman service.

Customer:

Thank you. I'll pursue this line further

Customer:

Finally could you confirm that I'm paying for a one off answer as I did not sign up for monthly fees but need to make sure that this is the case.

tdlawyer :

I will email customer services once you've rated the answer and closed the chat to confirm that you do not want to be a subscriber.

tdlawyer : Is this okay.
Customer:

Yes ok thanks.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
tdlawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice