HP breach of contract??
HP breach of contract??
Author
Discussion

Mirinjawbro

Original Poster:

1,077 posts

93 months

Monday 23rd March 2020
quotequote all
Hello

currently own a car on HP.

I owe 12040 as a settlement which has 4 years left.

if I sell the car and they give me say 10k. I technically owe 2040 over the 4 years?

I have rung the finance company and they said this is breach of contract. I cant see how. they are getting the money.

I would just be paying some of early and the car is not with me (but ill be paying the remainder)

are they lieing?

oilslick

969 posts

215 months

Monday 23rd March 2020
quotequote all
HP is secured on the car. If you don't have the car any more, there's nothing to secure the remaining balance against.

geeks

11,590 posts

168 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
are they lieing?
No, assuming you meant lying.

berlintaxi

8,535 posts

202 months

Monday 23rd March 2020
quotequote all
Hire purchase is exactly what it says, until you make the final payment, which usually includes an option to purchase fee, the car is not yours, therefore you cannot dispose off it unless you clear all the outstanding finance, most companies are OK with you selling the car and giving them the funds if it clears the outstanding balance.

Edited by berlintaxi on Monday 23 March 15:21

2 sMoKiN bArReLs

31,986 posts

264 months

Monday 23rd March 2020
quotequote all
The clue is in the word hire.

hehe

stargazer30

1,720 posts

195 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
Hello
currently own a car on HP.
No you don't. The finance company owns the car.

tr7v8

7,620 posts

257 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
Hello

currently own a car on HP.

I owe 12040 as a settlement which has 4 years left.

if I sell the car and they give me say 10k. I technically owe 2040 over the 4 years?

I have rung the finance company and they said this is breach of contract. I cant see how. they are getting the money.

I would just be paying some of early and the car is not with me (but ill be paying the remainder)

are they lieing?
They won't give you 10K, they'll value the car at 10K. You need to settle 2040 to clear the debt, immediately.

craigjm

21,373 posts

229 months

Monday 23rd March 2020
quotequote all
No they are not lying. You can’t sell the car and pay off a big chunk and then use the rest as a kind of loan. The loan is the car. You are “hiring” the car which becomes a “purchase” when you have paid the last payment

Mirinjawbro

Original Poster:

1,077 posts

93 months

Monday 23rd March 2020
quotequote all
I wasn't sure if I could pay some of early and deduct some off the monthly.

thankyou for the serious answers.

for the losers with the sarcastic comments. stay fat. stay ugly. don't eat too much during your time off its bad for you.

tr7v8

7,620 posts

257 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
I wasn't sure if I could pay some of early and deduct some off the monthly.

thankyou for the serious answers.

for the losers with the sarcastic comments. stay fat. stay ugly. don't eat too much during your time off its bad for you.
Ask the right question & you won't get answers you think are sarcastic!
If you pay some of the finance off early, by say using savings then yes some companies will either A. reschedule the length of the contract or B. reduce the payments. Although B. may need a new contract.
But the HP is on the car NOT you so, sell the car & the whole finance deal disappears & you'll owe what is called a final settlement.

BUT there is a thing called VT or Voluntary Termination which allows you to VT the car if you've paid more than half of the finance deal. I've only ever done one & it cost me £75 for a driver to pick it up & take it to an auction for the finance co. The companies hate this but it doesn't affect your credit history & clears the finance immediately.

95JO

1,949 posts

115 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
I wasn't sure if I could pay some of early and deduct some off the monthly.

thankyou for the serious answers.

for the losers with the sarcastic comments. stay fat. stay ugly. don't eat too much during your time off its bad for you.
Are you a personal trainer or something bro?

eddy77

81 posts

135 months

Monday 23rd March 2020
quotequote all
Under HP the car does not belong to you until the final optional payment is made. You can not sell it as it is not yours.

HP contracts have various trigger points after which you can elect to terminate subject to charges but you must consult with the finance company if you want to do this.

The credit is secured against the car. If you were to sell the car and ask to pay the remaining £2.5k off over the remainder of the term, the finance company no longer has an asset backed finance product. It has an unsecured personal loan. Which is VERY different. That’s why the car needs to always form part of the deal.

As said already, common misconception.....on an HP or PCP the car does not belong to you until the very last Payment is made. Under a lease you NEVER own it. It’s just borrowed for the lease term (just like a rented house).

monzaxjr

549 posts

175 months

Monday 23rd March 2020
quotequote all
Mirinjawbro said:
I wasn't sure if I could pay some of early and deduct some off the monthly.

thankyou for the serious answers.

for the losers with the sarcastic comments. stay fat. stay ugly. don't eat too much during your time off its bad for you.
Learn how to construct a basic sentence in your time off. thumbup