What's the difference between consumer credit & hp agreements?

Question

Does anyone know the legal differences of goods supplied on a contract later found to be unenforceable and non-executable and if so what's the significance if the borrower refused to pay any mloney on the agreement because goods supplied were faulty, potentially illegal and the vendor refused to repair, replace or cancel the agreement?

Would this mean the borrower is in a very seirous problem if they then refuse to pay and have in fact never paid anything on the agreement

Thanks

Answer 1

In uk, if the goods are faulty you ask for repair / replacement at the discretion of the vendor.

They obviously attempt a repair where this is the most economic for them, if not they should replace without question.

Only an Idiot would pay for goods that are defect!

Obviously, once the problem is remedied and you have possession of USEFUL goods then you pay your first payment!

The difference twixt HP & CC is simple;

HP = If you do not maintain correct & proper payment the goods may be repossessed, or goods to the same value, but the vendor must first gain a possession order / distress warrant from the relevant court.

This can only be served by a bailliff under police escort, only the police can serve a copy of the relevant document, BEFORE the bailliff can gain entry / possesssion.

CC = The vendor does not have the same level of protection, & would most likely need to "file a suite" for civil damages, as possession is 9/10 of the law.

In conclusion, seek FREE legal advice, poste haste, on the validity of the contract which you believe is "null & void".

It may be best for you to inform the police of a criminal act, it is possible they will send you to trading standards.

Do NOT release the goods to the police or any else without demanding a receipt!!!

This should be dated, stamped, their name, rank etc. printed AND signed!!!

Also read;

http://en.wikipedia.org/wiki/Hire_Purchase

Answer 2

If the goods are faulty the vendor by law has to repair or replace
if illegal you can inform the police.If vendor refuses to repair,replace or cancel agreement then take them to a county court also you can get advice on were you stand by citizens advice.I would say you have a very good case against the vendor.