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JimLawyer, Solicitor
Category: Law
Satisfied Customers: 11588
Experience:  Senior Associate Solicitor
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I have recently been made redundant due to covid19. I have a

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Hi there, I have recently been made redundant due to covid19. I have a car on finance with Hitachi and my payments of £250 resume 1st of November. I didn’t get a lot of redundant money and really can’t afford to pay for my car now as I have a mortgage and other high priority bills. Do I have and rights to send my car back or is there anything I can do

Hi, this is Jim, thank you for the question - I will resolve this for you.

Sorry to hear of the issue. Normally the only time you can return the car is if they accept that and you then pay a penalty, or if you are a certain way through the agreement, you can hand it back with no penalty (you would need to ask them).

If you cannot pay then the only real way out of this would be to tell the finance company that because of Covid, you were made redundant and this was entirely out of your control - and as such the finance agreement is frustrated. When a contract is frustrated it means that due to an external event, the terms are impossible to perform (e.g. to pay). There are a number of cases going through the courts at the moment to decide this very issue. You should therefore tell the finance company you cannot pay and the contract is frustrated. If they disagree, they may tell you that you are in breach of contract and they may issue a claim for recovery of the money. You would have the above defence though.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 6-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.
I can assist you going forwards if it gets to the point they issue a claim.

I hope this helps and answers the question - please feel free to ask me anything else.

Have a good day,

Customer: replied 7 days ago.
Brilliant thanks Jim. I will give them a call tomorrow and go from there ����

No problem, I hope it resolves, many thanks

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