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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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return car on hp options as car is near 50% paid but santandar

Resolved Question:

return car on hp options as car is near 50% paid but santandar have cancelled agreement and going to court - car has been hit whilst parked and waiting for insurance company to fix but this will be too long for court
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 the car has been hit whilst parked, is liability in dispute please?

JACUSTOMER-ygtmfpi3- :

the car was believed hit by a council recycling or rubbish truck - the council has put a report in and requested its supplier of the service respond - I have no proof though.

Alex Watts :

Ok- but are they admitting liability at this stage?

Alex Watts :

When is it due in Court please?

JACUSTOMER-ygtmfpi3- :

the deadline to respond to the court is weds for acknowledgement - hearing Nov 14 - I don't really want a ccj but I'm unsure if I can return the car and pay the figure to take the paid amount to 50% and owe nothing more or not as santandar terminated the agreement

JACUSTOMER-ygtmfpi3- :

no one is accepting inability for damage as yet and I'd be surprised if they did however the vehicle will have lots of red paint on - not sure if this would be picked up though when returned to base - do they check such things?

Alex Watts :

Have the Council admitted liability at this stage though?

JACUSTOMER-ygtmfpi3- :

no

Alex Watts :

Ok -you need to file an acknowledgement of service to give you extra time

Alex Watts :

You can also make an application on the day to stay proceedings pending the outcome of the Council claim

Alex Watts :

Hopefully by then they should admit liability

Alex Watts :

But if you can pay 50% of the balance by the court hearing that would certainly help you

Alex Watts :

And if the car is likely to be paid out by insurance again that will help

Alex Watts :

Especially if it is going to be written off

Alex Watts :

If it is just going to be repaired you may be in the same problem

JACUSTOMER-ygtmfpi3- :

its cosmetic damage but would be about 2000 damage on a 10000 car

Alex Watts :

ok. But would you have the car repaired?

JACUSTOMER-ygtmfpi3- :

yes under my insurance

Alex Watts :

Because if you do, are you not left with the same situation where you cant afford the car

JACUSTOMER-ygtmfpi3- :

i have a cash flow problem which should be short term

JACUSTOMER-ygtmfpi3- :

i don't know if meeting the 50% means I no longer owe anything on the car and not sure how to find the position

Alex Watts :

OK - can you provide evidence that you can afford the repayments?

JACUSTOMER-ygtmfpi3- :

yes but that would give me a ccj

Alex Watts :

Sadly it would. But unless you pay the arrears etc then you are going to have a CCJ

Alex Watts :

You can surrender the vehicle, pay off the difference between salvage and what is outstanding

Alex Watts :

If you do that within 1 month you wont get a CCJ

JACUSTOMER-ygtmfpi3- :

paying 50% off the hp agreement doesn't free me from the outstanding then?

Alex Watts :

Yes that is another option

Alex Watts :

Once you pay 50% then you can just hand it back

Alex Watts :

Then you avoid a CCJ

Alex Watts :

You can only terminate under the half rule if you have actually paid half the HP price or if you pay any shortfall at time of termination to take the total paid up to a half. You cannot pay shortfall on instalments.

Alex Watts :

Therefore you need to make sure by the time you go to Court you have paid 50%

Alex Watts :

You can terminate the contract at any time. Your obligations are to return the vehicle (having taken reasonable care of it), and for 50% of the total amount payable, less what you have already paid. You are also liable for any arrears outstanding at the point of termination.

JACUSTOMER-ygtmfpi3- :

even if they have terminated the agreement I think I'm about £500 from halfway so that wouldn't be a problem

Alex Watts :

As to exactly when this money is payable, the Consumer Credit Act does not specify a time limit as to when this is payable by, Section 100 of the CCA 1974 simply states that the borrower is liable to pay the outstanding balance. Most people assume that it is payable straight away, but the fact is that a lender cannot refuse termination just on the grounds that the outstanding liability has not been paid or cannot be paid immediately. Obviously the borrower remains liable for this amount, and the opinion that seems to come from the courts is that this sum should be paid in full by the natural end of the original agreement.

Alex Watts :

Yes so make sure you pay 50% by Court.

JACUSTOMER-ygtmfpi3- :

thanks that a great help

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-ygtmfpi3- :

I will follow your advice but that gives me time to get the agreement to a solicitor to check the agreement - I presume I can't do that online?

Alex Watts :

You can but sadly that is a new question

JACUSTOMER-ygtmfpi3- :

it might be worth doing that - can I do that with you?

Alex Watts :

You can. I have submitted an additional service for you to consider.

Alex Watts :

Save for that, can I clarify anything else for you?

JACUSTOMER-ygtmfpi3- :

hi I will go with that but I think I have to close this first - could you send the link again

Alex Watts :

Yes you simply need to rate this answer, the button should be at the bottom of the screen

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I clicked for the extra help - what do I do now?

Expert:  Ash replied 2 years ago.
Ok - I think I need to wait until a box pops up!
can you upload the document via paperclip?
Customer: replied 2 years ago.

I need to scan it - can I get back to you shortly?

Expert:  Ash replied 2 years ago.
Of course.
Expert:  Ash replied 2 years ago.
Ok - leave it with me. The system still says you haven't accepted the offer!
Customer: replied 2 years ago.

I have and have a receipt - its the system I promise

Expert:  Ash replied 2 years ago.
I am sure. Let me get the moderator to check it out.
Expert:  Ash replied 2 years ago.
Right I have spoken to the Mod and its not showing.
Can you post a new question but you must put - For Alex W
I can then come and pick it up.
But I can read these docs in the meantime.

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