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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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There, I've recently had troubles with a HP company. Having

Customer Question

Hi there,
I've recently had troubles with a HP company.
Having had a car for four years and made payments on time, earlier in the year there was some damage during an accident. I called to advise and mention that I was having it repaired would they mind lowering payments for 3 months whilst I spent £3,000-£4,000 having it repaired. They said yes on the phone and a few weeks later a threatening letter arrived mentioning I was in breach of the agreement.
The amount left on the agreement was £12,000, but I had already spent £12,500 on the agreement alone. I was prepared to create an arrangement to pay that back, but they would not negotiate and instead decided to go to small claims court to take the car back, repair themselves (even though I had already begun repairs) and send me a bill at the end.
I've spent approximately £25,000 on the car and now have no car and a tainted credit record from their actions.
This year my business is in a critical fundraising phase and this has cost me time and money working to resolve.
My question is do a I have a case, and if so how best to go about sueing them for the time, stress and suffering including financial losses incurred.
Thank you,
Michael
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. What are he exact financial losses you've incurred?
Customer: replied 1 year ago.
Hi Jo, thank you.The losses are advertising as the car was mainly designed for that function.To get the car ready and with advertising. I spent £5,000 for vinyl wrapping, £900 for wheels, £360 collection for car repair, £1000 to begin repair. £12,500 on the agreement as I had the car for nearly 4 years. The car itself would be a giant advert with the company advertised, so I could only approximate lost revenue or new customer sales but it's a lot and means I now have to spend a lot more money to get another car and wrap it the same way.
Customer: replied 1 year ago.
I've attached the document I wrote for the court. I was actually trying to work with them to say, take it back and write it off as it will give me a fresh start and they did nothing to work with me.
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** my colleague has asked me to assist you.
When the company initially agreed to a grace period was this only done verbally?
Kind regards
AJ
Customer: replied 1 year ago.
Hi there AJ,It was done verbally, so have no written proof but I do however have proof of the payments that they requested on the phone which were emailed to them at the same time, the first of which for repairs equate to 5 months of the rental.Thank you,Michael
Expert:  Alex J. replied 1 year ago.
Thank you.
The issue you have here is proving that as consumer you have unfairly treated as they reneged on an agreement to change your payment.
The limited evidence you do have is that you made the new payments and had a phone call.
I think taking this matter to court will be incredibly time consuming with no guarantee of success. If you are seeking compensation I would take the complaint to the Financial Ombudsman - any claim is free to make and they are more likely to decide on an issue of whether you have been unfairly treated by a regulated finance company, than on a point of law. www.financial-ombudsman.org.uk/
Is the finance company FCA regulated?
Kind regards
AJ
Customer: replied 1 year ago.
Hi AJ,I'm not sure, it's http://www.bmw.co.uk/en_GB/topics/financial-services.html how can I find if they are?Thank you,Michael

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