Alphera Finance Return of Goods

[angelbud]

Hi

 

I have a return of goods hearing later this week.

I have applied for time to pay and requested payments to be restructured.

This is the timeline of events and i was wanting to check if Alphera had followed correct procedures.

I had repeatedly requested to restructure the arrears of £950.00 (2 months payments) by telephone and by letters, emails weekly. Alphera did not accept my offers.

Default notice sent 15 September 2011 - requesting full arrears in full by 2 October 2011

I sent a letter (recorded) dated 29th September 2011 with a standard access requisition request.

This was replied on the 3 November with a copy of the lease purchase agreement however they had also terminated the agreement on the 10 October 2011.

I also received a letter from Alphera which responds to a letter i had sent requesting that a payment arrangement be made - this stated i could not make any further payments on this agreement and a request for a return of goods is being made.

Can i do anything at court with the late reply of the SAR?

Thanks

C

[Gaston Grimsdyke]

I think by SAR you might mean a section 77 request for a copy of the agreement. If so, no, late compliance won't help you. The agreement is unenforceable for as long as there is non-compliance, but is immediately enforceable once they do comply. What you should do is make an offer to the court to pay the remaining balance by instalments and ask for a suspended delivery order. As a rule of thumb, provided you would pay the balance within the original term of the agreement a judge would be likely to suspend the return of goods.

[angelbud]

I think by SAR you might mean a section 77 request for a copy of the agreement. If so, no, late compliance won't help you. The agreement is unenforceable for as long as there is non-compliance, but is immediately enforceable once they do comply. What you should do is make an offer to the court to pay the remaining balance by instalments and ask for a suspended delivery order. As a rule of thumb, provided you would pay the balance within the original term of the agreement a judge would be likely to suspend the return of goods.

 

Thanks for the reply

I thought as much - incidentally the reply to the section 77 request was only a copy of the agreement no breakdown of the current figures?

[angelbud]

Also going through the paperwork the contract I have signed at hevtime of sale states it's a hire purchase agreement however the default and termination notice is for a contract purchase non maint agreement- are they the same thing or is this an error?