Alphera car loan

angelbuduk

Hi

I have a return of goods hearing later this week.
I have applied for time to pay and requested payments to be restructured.
This is the timeline of events and i was wanting to check if Alphera had followed correct procedures.
I had repeatedly requested to restructure the arrears of £950.00 (2 months payments) by telephone and by letters, emails weekly. Alphera did not accept my offers.
Default notice sent 15 September 2011 - requesting full arrears in full by 2 October 2011
I sent a letter (recorded) dated 29th September 2011 with a standard access requisition request.
This was replied on the 3 November with a copy of the lease purchase agreement however they had also terminated the agreement on the 10 October 2011.
I also received a letter from Alphera which responds to a letter i had sent requesting that a payment arrangement be made - this stated i could not make any further payments on this agreement and a request for a return of goods is being made.
Can i do anything at court with the late reply of the SAR?
Thanks
C

[Deleted User]

afaik they have 40 days to reply to a SAR and seem to have done so within that time frame

chanz4

Its still there car, if you havent kept up with payments and own less than they do they will still be able togo ahead. You have just requested a copy of your notes.

KingElvis

Just return the tat and you're ok?

Apples2

What was the point of the SAR?

Sounds like you knew you were behind with payments anyway.
How long has the agreement been running?
How many payments made/ out of how many?

It simply reads that the SAR was used as a delaying tactic, which I would guess is how they saw it.

angelbuduk

It was a section 77 request that I had sent.
The agreement is 4 years with a balloon at the end. I have made 39 payments out of 43 due - remaining balance is around 20k and I have paid so far 21k in payments.

chanz4

This changes things, you should mention these as they are material facts. Have you got the 20k ? Also this agreement sounds like a none regulated one with it been over 25k

angelbuduk

The ballon payment is due May so currently no I don't have the 20k to pay the outstanding which would be nearer 16 k if I pay the current arrears

BoGoF

Seems like you're just delaying the inevitable.....unless you can clear the arrears and have £16k by May.

angelbuduk

Thanks for your replies!
Just looking through my contract and default and termination notices and I have noticed the agreement I have signed when buying the car is called a hire purchase agreement but the default and termination notice is for a contract purchase non maint agreement? Is this the same?

Apples2

No idea but if the contract was still valid. You could have VT'd the car and walked away.

The contract is broken at the first missed payment though which is bad news in this case.
None of the contract terms are valid any longer.