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Buachaill, Barrister
Category: Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I am in a 46 month hire purchase car agreement which started

Customer Question

I am in a 46 month hire purchase car agreement which started on 15/07/11. I want to get out of the contract with or without the car.
In my contract it says:

Repossession: Your Rights
If you do not keep your side of this Agreement but you have paid at least one third of the total amount, that is £7237.04, ALD may not take back the goods against your wishes unless ALD gets a court order. (In Scotland ALD may need to get a court order at any time) . If ALD does take the goods without your consent or a court order, you have the right to get back any money that you have paid under this Agreement.

I live in England and have paid more than one third of the total amount. I understand I would get a default and potentially a judgement, But does this mean we could stop paying and potentially keep the car?

Submitted: 4 years ago.
Category: Law
Expert:  Buachaill replied 4 years ago.
1. This clause does mean that you could stop paying and could keep the car as you have one third of the hire purchase payments paid. ALD would then need to go to court to get the car back. However, it does mean that ALD the hire purchase company could sue you for the full amount owing under the HP agreement. Normally, where there is over a year gone on the HP agreement this is the course the HP Company (ALD) WILL adopt as the value of the car has greatly depreciated. However, there is nothing preventing ALD from going to court and seeking the car back as well as an order for payment of the outstanding HP AMOUNT, less an allowance for the value of the car.
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