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Am I right in assuming??

Options
....that the car I bought from a company for £3000 on instalments of 12X£250 with no interest, straight forward pay and its yours (illegal contract according to trading Standards) is now legally mine after it turns out I have paid £3682.99 and the company KNEW this but said nothing? They have also tried to repossess the car! saying I am behind on my payments....totally totally lost.......clarification anyone?

Many thanks
«1

Comments

  • bod1467
    bod1467 Posts: 15,214 Forumite
    You need to read your credit agreement very carefully to see what it exactly says about payment terms.

    How have you overpaid yet are behind with payments?
  • Sorry??????

    Can you explain in a bit more detail?
    Thinking critically since 1996....
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, why did you not stop paying when you have paid enough money?

    Surely you cannot blame the seller for your overpaying?
    But having said that, I'm not sure you are blaming him, are you?
    It's not very clear to me what's going on.
  • esuhl
    esuhl Posts: 9,409 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As bod says, you need to compare the written contract that you agreed to with what actually happened and, if the contract has been breached, claim for any loss.
  • Thanks guys....

    Here goes......The vendor is a hire car company. They agreed to sell me a car for £3000 plus a final payment of £10. the agreement was 12 monthly instalments of £250 totalling £3000. The agreement was Hire Purchase regulated by Consumer Credit Act 1974
    After 7 months I hit financial difficulties so the guy who owns the company says ''would you like a part time job on the hire desk and any thing you earn I will take off your car payments'' Yes please!
    All good...£115 credited to my car payment account every week. guy gives me a statement every 4 weeks. being a donut I throw it away trusting the guy.
    10th of December I walk out of work after 14 weeks because the guy asks me to do something not legal.
    13th of December I receive a Default Notice under section 87(1) of the 1974 act.
    Pay us £362 in 7 days or we want the car back and included with the default Notice was a statement.
    Not happy I phone Consumer Direct and they refer to Trading standards. Today Trading Standards ring me and I give them all the info and paperwork they ask for by e-mail and they ask for my Agreement, I dont have a copy because lost mine and have asked (in writing with my £1 OFT fee) for one from the guy who just sends me a letter, basically saying default, car back!.....TS phone the guy and low and behold 4 hours later I have a copy of AN Agreement. Not the one I signed! It is A Hire agreement with an accompanying letter saying ''yes we agreed to hire the car to you for 12 monthly installments of £250 plus a 13th payment of £10 to BUY the vehicle. TS say the contract is not a correct one, is covered by the 1974 Act and the signatures DO NOT match mine! TS say phone the Police (not yet done as still reeling and fuming!) Also the guy does NOT have a credit licence and when asked by TS to provide a licence number he gives them a dodgy one! TS are now investigating the whole affair. I have a full invoice of all the payments I made on my car and they show I have paid way way over the price agreed in writing and confirmed with his letter........
    So, big question. No GOV agency will commit to saying YES or NO the car is or is not yours although TS have the paperwork?

    Phew!!! Thanks for your time guys :)
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Do you have legal cover as part of your home insurance or if you are a member of a union?

    Regarding the credit agreement I would think TS will sort out, however if they have told you to inform the police then you should do so but what exactly have TS told you regarding the police and what you can expect from them?
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
  • texranger
    texranger Posts: 1,845 Forumite
    Thanks guys....

    Here goes......The vendor is a hire car company. They agreed to sell me a car for £3000 plus a final payment of £10. the agreement was 12 monthly instalments of £250 totalling £3000. The agreement was Hire Purchase regulated by Consumer Credit Act 1974
    After 7 months I hit financial difficulties so the guy who owns the company says ''would you like a part time job on the hire desk and any thing you earn I will take off your car payments'' Yes please!
    All good...£115 credited to my car payment account every week. guy gives me a statement every 4 weeks. being a donut I throw it away trusting the guy.
    10th of December I walk out of work after 14 weeks because the guy asks me to do something not legal.
    13th of December I receive a Default Notice under section 87(1) of the 1974 act.
    Pay us £362 in 7 days or we want the car back and included with the default Notice was a statement.
    Not happy I phone Consumer Direct and they refer to Trading standards. Today Trading Standards ring me and I give them all the info and paperwork they ask for by e-mail and they ask for my Agreement, I dont have a copy because lost mine and have asked (in writing with my £1 OFT fee) for one from the guy who just sends me a letter, basically saying default, car back!.....TS phone the guy and low and behold 4 hours later I have a copy of AN Agreement. Not the one I signed! It is A Hire agreement with an accompanying letter saying ''yes we agreed to hire the car to you for 12 monthly installments of £250 plus a 13th payment of £10 to BUY the vehicle. TS say the contract is not a correct one, is covered by the 1974 Act and the signatures DO NOT match mine! TS say phone the Police (not yet done as still reeling and fuming!) Also the guy does NOT have a credit licence and when asked by TS to provide a licence number he gives them a dodgy one! TS are now investigating the whole affair. I have a full invoice of all the payments I made on my car and they show I have paid way way over the price agreed in writing and confirmed with his letter........
    So, big question. No GOV agency will commit to saying YES or NO the car is or is not yours although TS have the paperwork?

    Phew!!! Thanks for your time guys :)

    do what TS say phone the police as it is fraud or if you have the time visit your local police station in person
  • TS have said that if the agreement shown today is not the one I originally signed and the signatures do not match mine (gave them a scan of my bank card and it clearly is not my signature) then deception and fraud SEEM to be involved on the part of the guy.
  • sorry, yes member of TGW. They will not assist as I did not have a contract of work.
  • Poppy9
    Poppy9 Posts: 18,833 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    sorry, yes member of TGW. They will not assist as I did not have a contract of work.
    My union provides legal assistance for any matter concerning me or my family, not just employment related.

    TGW is now Unite???

    Legal help

    • Members of Unite are entitled to free legal advice.
    • Representation services cover a range of issues, both inside and outside the workplace.
    • We can help with personal injury claims, employment matters, wills, conveyancing and many other legal issues.
    • Follow the links below for further information.
    there is 24 hour help line though not sure it's urgent for tonight!
    :) ~Laugh and the world laughs with you, weep and you weep alone.~:)
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