View Full Version : Consumer credit v HP agreements


crutzhmach
18-01-2007, 13:18
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 evenb if it's unenforceable and non-executable, ie the creditor doesnt in fact have any legal title to the goods or services which they and the vendor are providing.

tHIS Is a really serious quewtion and i desperately need someanswers
Thanks

Heyesey
18-01-2007, 13:45
Not sure I understand your question entirely, but:

If party A has provided goods to party B on credit, and the goods turn out to be faulty, party B is not obliged to pay anything (faulty goods) BUT they do have a duty to allow party A to take the goods back.

If, as frequently happens, A has sold goods to B, and B has effectively borrowed money from C to pay for them, B is still not obliged to pay anything. The void contract (due to faulty goods) means the money was, effectively, never borrowed, so there is nothing to pay back.

crutzhmach
18-01-2007, 13:58
That's really so helpfuyl; what I'm trying to figure out is whether tjhere is any significant difference in the info you've outlined if its an HP agreement where thegoods are always owned by the lenderuntil such time as the borrower has paid them in full for the goods they've obtained on the ahgreement?

Is that any clearer?

crutzhmach
18-01-2007, 14:03
I;d also like to know whetrher there's any legal differences between a "finance" and consumer creditagreement

Heyesey
18-01-2007, 21:46
That's really so helpfuyl; what I'm trying to figure out is whether tjhere is any significant difference in the info you've outlined if its an HP agreement where thegoods are always owned by the lenderuntil such time as the borrower has paid them in full for the goods they've obtained on the ahgreement?


In that case, if the goods supplied were faulty, not to spec, or invalid for any other reason, not only do you not have to pay any more money, but you have a legal claim to have all of the money you've paid so far, given back to you.

You still have to return the goods though, or at least, enable the company to take them back.