Terminating HP Agreement

SeanG79

Send the SAR as per my previous comment. That will enable you to decide on the best way forward.

smj43

SeanG79 wrote: »

Send the SAR as per my previous comment. That will enable you to decide on the best way forward.

What would this achieve?

SeanG79

It will send you copies of default notice, termination notice, have all their system notes, so if an agreement was reached between you and the lender, then that will also be in there.

If a Default Notice and Notice of Termination were sent to the wrong address, but the lender had your correct address, then they would not be a correct default.

the requirements for service are set out in the consumer crediticon act 1974:
s. 176.
Service of documents.
— (1) A document to be served under this Act by one person ( “the server ”) on another person ( “the subject ”) is to be treated as properly served on the subject if dealt with as mentioned in the following subsections.

(2) The document may be delivered or sent by post to the subject, or addressed to him by name and left at his proper address.

(3) For the purposes of this Act, a document sent by post to, or left at, the address last known to the server as the address of a person shall be treated as sent by post to, or left at, his proper address.

smj43

SeanG79 wrote: »

It will send you copies of default notice, termination notice, have all their system notes, so if an agreement was reached between you and the lender, then that will also be in there.

If a Default Notice and Notice of Termination were sent to the wrong address, but the lender had your correct address, then they would not be a correct default.

Well the incorrect address is on the original agreement so that would have been the address they had for me however I don't understand how it happened as I obviously provided the correct address when I bought the car (copies of driving licence, bank statements etc) and the registration documents for the car came to my correct address.

SeanG79

Not much you can do if the default notice and notice of termination were issued correctly.

It is unusual for a lender terminate an account with only 1 missed/late payment, especially if you had made an arrangement to pay.

Have you had a look at how the account is being reported with the Credit Reference Agencies?

smj43

SeanG79 wrote: »

Have you had a look at how the account is being reported with the Credit Reference Agencies?

Yes, it's not on my credit report at all. Checked Experian, Equifax and CallCredit

SeanG79

all strange, because it should still be on your CRA files.

If the agreement was correctly terminated, I dont think there is much you can do

smj43

SeanG79 wrote: »

all strange, because it should still be on your CRA files.

If the agreement was correctly terminated, I dont think there is much you can do

Would they not be required to write something in their terms and conditions that states the missing a payment would cause me to lose the right of VT? I don't understand how they could have correctly terminated the agreement if they haven't served me the notices because I haven't been given a chance to put it right. Obviously the finance company has made some sort of mistake with my address through their own negligence, that is not my fault.

molerat

Did you bring up the incorrect address on your paperwork at the time you commenced the agreement ?

SeanG79

I am guessing the dealer (most likely Carcraft for All in One Finance) where you bought the vehicle, will have raised the paperwork. But you will have signed the paperwork with the incorrect address on it, that was when you needed to alert the dealer/lender that the details were incorrect.

You cannot exercise your right to VT an agreement that has already been terminated by the lender as it has already been ended.