Advice needed car bought on Hire Purchase

kb_soma

Thanks for the link.

iolanthe07

Is your OP sectioned under the Mental Health Acts? It will be quite difficult to unwind this otherwise. There may be a 14 day cooling off period for the finance, but Carcraft are unlikely to take the car back. Why would they? See some other posts here about Carcraft.

kb_soma

He is not sectioned under the mental health act, but has been talking to doctors for the last few months about his mental state. I am hoping that we may be able to get this in writing from the doctor. Obviously, this is a huge worry as neither of us can afford the payments. I was advised from the OFT (office of fair trading) that the contract may not be a legal contract if he was not in a stable state of mind. If the finance company accept this, is there anyway that carcraft would too?

Clive_Woody

kb_soma wrote: »

He is not sectioned under the mental health act, but has been talking to doctors for the last few months about his mental state. I am hoping that we may be able to get this in writing from the doctor. Obviously, this is a huge worry as neither of us can afford the payments. I was advised from the OFT (office of fair trading) that the contract may not be a legal contract if he was not in a stable state of mind. If the finance company accept this, is there anyway that carcraft would too?

Did the doctors make a diagnosis when he visited them, has he been receiving any treatment?

I think it is going to be very difficult claiming his 'state of mind' was not right therefore the contract is not valid.

imoneyop

kb_soma wrote: »

I was advised from the OFT (office of fair trading) that the contract may not be a legal contract if he was not in a stable state of mind. If the finance company accept this, is there anyway that carcraft would too?

This calls into question the ability of anyone to sell anything of value.

How can a car trader sell a car to anyone (or currys sell a top of the range TV etc.), if there is the likelihood that the purchaser will return a week later with a doctors note saying that he wasn't mentally capable of entering the contract. Would sellers have to request psychiatric reports on all their customers before they can sell something to them.

You-kip

Not having a go because I sympathise with people with mental problems, but this has dropped for me in the past due to my best pals missus who's incredibly excellent at spending money on holidays and decent clothes only to bring up her Bi-polar when the bills arrive through the door.

I know this has nothing to do with OP's question but sometimes it does work both ways.

kb_soma

I'm hoping that something can be done, just looking for more information as I would like to know if this is completely useless. Would any one know if the HP debt be covered under any debt management plans/ bankruptcy/ IVAs? He cannot sell the car as it is written into the HP agreement.

iolanthe07

Would any one know if the HP debt be covered under any debt management plans/ bankruptcy/ IVAs?

Yes, probably, but you need proper professional advice on this. Have you approached Citizens' Advice or Stepchange?

kb_soma

Yes, probably, but you need proper professional advice on this. Have you approached Citizens' Adive or Stepchange?

OH currently talking with payplan, it is on hold at the moment as they are waiting for the decision on the car...

kb_soma

Just to update you all, CarCraft agreed to take the car back.

Thanks for all of your advice.