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Hello my name is ***** ***** I will help you with this.
If you accept that you owe them why do you want an invoice to prove the claim please?
Is there a dispute regarding a particular sum?
For my records and proof that I bought the car, and that they will transfer title to me when I have paid
Ok - do you have a statement of account for the HP?
Please don't try and rate as I need more information first
No, just the the HP agreement and the dealers order, not invoice, the order was attached to the HP agreement and was over by £1405.04, which was refunded to me.
So you just want an invoice plus confirmation in writing re transfer?
Why was the HP cancelled, was it because of default in payments?
Yes, then I will pay up. We have been arguing for 6 months, I cancelled the agreement on the 14th day after agreement signed, asking for a new corrected agreement, they have consistently refused. I have paid no money to them they are asking for the full credit due- but no interest. I have no dispute with that.
Their were no defaults and they still have a live direct debit from me, no it seems an internal problem refusing a new agreement, I have an excellent credit rating
OK - have they refused to give you an invoice and assurance they will transfer the title to you upon full payment?
Yes I have asked verbally and by email and in writing but absolutely no answer.
Ok - what I would do is write by letter and send it recorded delivery asking for the same.
Say if you do not get this within 14 days you will seek a Court order for a declaration that you should be entitled to an invoice and assurance you will have title transferred.
If they refuse or do not then you can issue proceedings
You would need to complete form N208
And submit it to the County Court with a fee of £280
The Court will then issue a claim and the Defendant will be sent a copy and a limited time to respond.
If they do not or fail to provide evidence then they can not adduce anything at a final hearing
At the final hearing you can ask the Judge to make a declaration on the terms above
Ok I thought that would be the answer, but they say they will reclaim the car shortly, if they do try how can it be stopped, I expect they will ignore the letter, thank you
Then you can pay it off and have the assurance by way of declaration of the Court.
If you want the car to be stopped reclaimed then need to issue proceedings.
You can then apply to the Court for an injunction stopping them collecting it
Can I clarify anything for you about this today please?
Thats all thanks for advice