Terminating HP Agreement

smj43

molerat wrote: »

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

No I didn't it was one number off my door number and I simply didn't notice it. I get its my fault for signing it.

smj43

Ok I could be picking at straws here but having read the agreement, it doesn't actually say when the payments are due to be paid so I don't see how I could have possibly breached the terms of the agreement.

It simply says 'Installments must be made commencing 1 month from the date of this agreement' but there is no date on the agreement nor has it even been signed by the creditor.

According to that I have not breached the agreement as I have continued making installments... the agreement doesn't say when to make them it just says 48 installments.

Nearlyold

smj43 wrote: »

Ok I could be picking at straws here but having read the agreement, it doesn't actually say when the payments are due to be paid so I don't see how I could have possibly breached the terms of the agreement.

It simply says 'Installments must be made commencing 1 month from the date of this agreement' but there is no date on the agreement nor has it even been signed by the creditor.

According to that I have not breached the agreement as I have continued making installments... the agreement doesn't say when to make them it just says 48 installments.

You may/should have had two copies of the agreement the one you were given by the dealership (without the date of the agreement and creditors signature) and the one posted to you from the finance company which would have been dated and signed by them which should have arrived a few days later.

smj43

Nearlyold wrote: »

You may/should have had two copies of the agreement the one you were given by the dealership (without the date of the agreement and creditors signature) and the one posted to you from the finance company which would have been dated and signed by them which should have arrived a few days later.

Well considering they didn't have my correct address I wouldn't have got that.

SeanG79

The lender would only need to produce a reconstituted copy for it to be enforceable. The mere fact that you have been making monthly payments alludes to the fact the 48 payments were to be made monthly.

smj43

Ok next point, the lender claims to have terminated the agreement in Nov 14 and have sent me a copy of the notice of termination (the one sent to the incorrect address). However I have found in my records 2 default notices issued in Jan and May 2015. Can the lender have issued default notices for an agreement which it says was already terminated?

SeanG79

How did you find the default notices if they were sent to the wrong address and you mentioned there was no mention on the credit reference agencies?

You shouldnt receive a default notice after an agreement has already been ended. A SAR request would get the lender to send you all information they hold for your account with them.

smj43

SeanG79 wrote: »

How did you find the default notices if they were sent to the wrong address and you mentioned there was no mention on the credit reference agencies?

You shouldnt receive a default notice after an agreement has already been ended. A SAR request would get the lender to send you all information they hold for your account with them.

Sorry I thought I made it clear. I told the lender my correct address in December 2014 when I called to make an arrangement to pay. I did not receive the default notice or termination notice they claim to have sent in November 2014 as these were sent before I corrected my address. I did receive 2 default notices at my correct address afterwards (January 2015 and May 2015) however these were sent to me after they claim they already terminated. I did contact them at the time I received them but they assured me they were nothing to worry about as they were system generated and as I had a payment arrangement I could just ignore them. Both of these default notices state that I still have the right to voluntary terminate my agreement.

Also when I said there was no record at the credit references agencies I wasn't referring to the defaults I mean there is no information regarding the account at all, they haven't recorded anything with any agency it does not exist.

SeanG79

Sorry, when I said not mention at the CRA's, I was referring to the accounts as opposed to the the defaults specifically.

Regarding the default notices sent to your address that you received. Did you miss any other payments? Also did they then send you a termination notice to your actual address post November 2014.

I still suggest you send a SAR, so you can see exactly what went on with your account.

Then I suggest you send a letter recorded delivery disputing the fact they terminated the agreement, if they had terminated the agreement, they should not have sent out default notices thereafter but the only way to see exactly what occurred on your account is to send a SAR, and they have 40 days to respond to that.

smj43

SeanG79 wrote: »

Regarding the default notices sent to your address that you received. Did you miss any other payments? Also did they then send you a termination notice to your actual address post November 2014.

I didn't miss any other payments I paid according to the payment arrangement I had agreed to. I contacted them to query why I was being issued with default notices but was told to ignore them as they are automatic. I didn't receive any notices of termination.

I will follow your advice and send a SAR. Unfortunately I've had to agree to surrender the car whilst I am in the process of making a formal complaint as I simply cannot afford to keep it any longer.