Court today, BMW turned up with an additional sheet for the terms and conditions with options 1 and 2 to suit themselves. Case ajourned. Defence already submitted. This is on the grounds they did not co operate with us and the terms and conditions are not the orginal ones. They just want the car

dont give them the car hide it dont give it to them let them take you to court

Ive got the same sort of agreement only they didnt send me a copy when I first signed and now they have sent a copy and taken me to court. The first page cites terms and conditions that match but the key financial information states that if I exercise clause 7 options 1 or 2, however they are not present on page three clause 7 is just a general terms so I advise you to check the terms and conditions correspond. You will be liable for any shortfall that they sell the vehicle below the amount you owe and believe me they do they have been hassling me to get their car back. The amount I had to pay on the ballon was £11000 I owe £9000 this is since march they are refusing £500 a month and have taken me to court for the £9000 plus the car I am defending this because their witness statement states that they will take the car sell it for any amount and deduct it off the 9000 owed, this is crap as they told me i could trade the car in (obviously not because they defaulted me) or return the car and owe nothing as the car is worth £12,500 private and £13000 through a dealer with a minimum poor trade in value of £8900 I am very rerluctant to give in so I am going to fight them to take the car I owe nothing or give me time to pay but I have asked the judge to check the agreement is valid under the consumer act as they have substituted the terms without informing me and the terms stated do not match with the key financial information. I think you would be best to get a time order now before they take you to court as if the judge grants this youw ill avoid a judgement. I was too late. So I will have a ccj unless judge throws it out. Mine is a hire purchase agreement but with contract hire terms sooo unfair but will let you know what happens. Oh and beware of the court sending claim form with your hearing date if you do end up going to court.