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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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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.

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