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Financial agreement problems

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  • Financial agreement problems

    Firstly, preempting a situation that may arise I would like to know if a case was made and I had to go to court over a financial agreement ie: excess mileage charge from a luxury car makers finance house, how I would stand when I personally think the Hp agreement is invalid.

    Unfortunately at the time I did not realise the mistakes that had been made on the HP form due to the usual sales type of environment.
    The first mistake was the the mileage. The car had done just over 12k miles and the agreement was for 4years at 10k per annum. They put 1,200 and worked out the the final mileage had to be 24,000?. Even if the mileage was right it should have been 41,200. But the mileage was wrong. The correct figure before before excess charges should have been 52,000. I wrote to the company several times and they agreed to change it.
    The next problem was they got the wrong model of car on the form and I informed them of that and then to top it all I have just found out they got my birthdate wrong. A completely wrong date!
    Is this agreement invalid?
    Secondly, I asked them for voluntary termination as I only had 5 more payments left. They sent me the paperwork again with the wrong model on the sheet, although they said they had changed it.
    They then said I had to drive it to an auction at my expense or pay £75! for them to come and collect their car. BL ***cheek.
    The excess charge is now 14per mile and will probably come to about £400. Do I have to pay it? My inclination is to say with all these mistakes to stuff it.
    Have I any legal grounds on this subject.
    Any help would be appreciated.
    Thanks
    Tantricman
    Tags: None

  • #2
    Re: Financial agreement problems

    Hello,

    The Court will generally make an order of rectification in such a case where the agreed mileage was incorrect, I don’t think it would be deemed sufficiently serious to invalidate the agreement.

    My view is that excess mileage is not recoverable but nobody can be certain because there is no legally binding case law. The Consumer Credit Act indicates this is the case bIt lenders will still continue to argue otherwise. So the risk will be up to you if you want to defend it in the circumstances where they take you to court.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Re: Financial agreement problems

      Ok thank you for replying

      Comment

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