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Hi, wonder if anyone can help....we have paid nearly half of the HP agreement to a finance company, now we want to give the car back to them as it's just to expensive. My husband asked how we go about doing this and was told to wait for them to get in touch. The next letter we recieved is from a reposession company who want to collect the car. Obviously we don't want the car to go to auction because we'll end up owing them money (we are in arrears incidently, but even with the arrears we have still nearly paid half). We told them we wanted to give the car back to which they obviously ignoed us, so what i want to know is can i still exercise my right to return it. There are also nearly £1k of charges to the account, but i guess thats a different issue.

Any help would be greatly appriciated!!!!!!!!!!!!!!!!!!!!!!:)

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Hi there,

If they served you with a default notice, then yes they can as your agreement doesn't exist as it once did. I got caught out this way and am still paying for it.

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If you have breached your agreement by not making payments, then I think the "halfs" may not apply, but - unless you are in Scotland, if you have paid a third, then they can not reposess it without a court order... BTW the 1/2 and 1/3 figures refer to the "total amount payable" under your agreement, ie including deposit and interest charges.

 

HTH

 

Mike

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Thanks alot! I'm going to ask them to halt any action until the charges have been sorted, i think they cannot take any recovery action if theres a dispute on the account? Anyone know if this is correct? I need to wait for my settlement from HSBC to come through so i can get another car!

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