Hello my name is ***** ***** I will help you with this.
If the car has been hit whilst parked, is liability in dispute please?
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.
Ok- but are they admitting liability at this stage?
When is it due in Court please?
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
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?
Have the Council admitted liability at this stage though?
Ok -you need to file an acknowledgement of service to give you extra time
You can also make an application on the day to stay proceedings pending the outcome of the Council claim
Hopefully by then they should admit liability
But if you can pay 50% of the balance by the court hearing that would certainly help you
And if the car is likely to be paid out by insurance again that will help
Especially if it is going to be written off
If it is just going to be repaired you may be in the same problem
its cosmetic damage but would be about 2000 damage on a 10000 car
ok. But would you have the car repaired?
yes under my insurance
Because if you do, are you not left with the same situation where you cant afford the car
i have a cash flow problem which should be short term
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
OK - can you provide evidence that you can afford the repayments?
yes but that would give me a ccj
Sadly it would. But unless you pay the arrears etc then you are going to have a CCJ
You can surrender the vehicle, pay off the difference between salvage and what is outstanding
If you do that within 1 month you wont get a CCJ
paying 50% off the hp agreement doesn't free me from the outstanding then?
Yes that is another option
Once you pay 50% then you can just hand it back
Then you avoid a CCJ
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.
Therefore you need to make sure by the time you go to Court you have paid 50%
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.
even if they have terminated the agreement I think I'm about £500 from halfway so that wouldn't be a problem
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.
Yes so make sure you pay 50% by Court.
thanks that a great help
Can I clarify anything for you about this today please?
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?
You can but sadly that is a new question
it might be worth doing that - can I do that with you?
You can. I have submitted an additional service for you to consider.
Save for that, can I clarify anything else for you?
hi I will go with that but I think I have to close this first - could you send the link again
Yes you simply need to rate this answer, the button should be at the bottom of the screen
I clicked for the extra help - what do I do now?
I need to scan it - can I get back to you shortly?
I have and have a receipt - its the system I promise