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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 dispute with a large Finance company over a cancelled

Resolved Question:

I have a dispute with a large Finance company over a cancelled HP agreement, relating to the purchase of a car. I agree that the credit outstanding to them is correct and have agreed to pay the amount. But before I pay, am I entitled to ask them for an Invoice to prove their claim and for written confirmation that on completion that ownership of the car will be transferred to me? The dispute came about because the dealership wrote out the agreement for an amount greater than I had previously agreed but did not notice when I signed the HP agreement. The overcharge has been settled by the dealer but the HP company has since refused to change the terms of the finance agreement.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

If you accept that you owe them why do you want an invoice to prove the claim please?

Alex Watts :

Is there a dispute regarding a particular sum?

Customer:

For my records and proof that I bought the car, and that they will transfer title to me when I have paid

Alex Watts :

Ok - do you have a statement of account for the HP?

Alex Watts :

Please don't try and rate as I need more information first

Customer:

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.

Alex Watts :

So you just want an invoice plus confirmation in writing re transfer?

Alex Watts :

Why was the HP cancelled, was it because of default in payments?

Customer:

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.

Customer:

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

Alex Watts :

OK - have they refused to give you an invoice and assurance they will transfer the title to you upon full payment?

Customer:

Yes I have asked verbally and by email and in writing but absolutely no answer.

Alex Watts :

Ok - what I would do is write by letter and send it recorded delivery asking for the same.

Alex Watts :

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.

Alex Watts :

If they refuse or do not then you can issue proceedings

Alex Watts :

You would need to complete form N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And submit it to the County Court with a fee of £280

Alex Watts :

The Court will then issue a claim and the Defendant will be sent a copy and a limited time to respond.

Alex Watts :

If they do not or fail to provide evidence then they can not adduce anything at a final hearing

Alex Watts :

At the final hearing you can ask the Judge to make a declaration on the terms above

Customer:

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

Alex Watts :

Then you can pay it off and have the assurance by way of declaration of the Court.

Alex Watts :

If you want the car to be stopped reclaimed then need to issue proceedings.

Alex Watts :

You can then apply to the Court for an injunction stopping them collecting it

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thats all thanks for advice

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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