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Loan v's HP

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(@pingpong)
Estimable Member
Joined: 13 years ago
Posts: 128
Topic starter  

One for the experts

Hypothetically speaking if i got approved for a loan rather than HP to replace a car (for which the expenditure has been agreed at the start of my PTD) would that car automatically become and asses and as such of intrest to the trustee?

[?]


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi pingpong

Hypothetically it could be classed as acquirenda ( an asset acquired after the start of the Trust Deed) if purchased by a loan. Slightly more complicated under HP as the agreement states that ownership ( or title) does not pass until the final payment is made.

A PCP or lease deal would completely exclude it as you never own it.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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(@pingpong)
Estimable Member
Joined: 13 years ago
Posts: 128
Topic starter  

Thanks for the reply Mark,

Is that hypothetical an actual?

If so technically if you got a loan for anything you would have to hand what you borrowed over to the trustee.

Any way looks like i may have to pay the loan payments to the funder, the old car payment amount to the Trustee and then give the trustee the new car at the end of the trust deed.......

ah well, it's an experience all the same


   
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TDA (Debt Adviser)
(@tda-debt-adviser)
Illustrious Member
Joined: 16 years ago
Posts: 13594
 

Hi pingpong.

Is someone you know possibly funding the purchase of the vehicle?

If so, might they remain the owner? They can have title to the vehicle even if you're the registered keeper and insured driver.

Would your trustee have a problem with you making a payment to the purchaser/owner each month for allowing you use of the vehicle?

Qualified Debt Adviser & Forum Administrator - Ask me anything about Trust Deeds


   
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Mark McFadyen
(@mark-mcfadyen)
Famed Member
Joined: 16 years ago
Posts: 4798
 

Hi pingpong

More actual than hypothetical. Another example of @ the Trustee's discretion/interpretation.

Mark

Mark is not posting regularly in the Trust-deed.co.uk forum.


   
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Shona Maxwell
(@shona-maxwell)
Honorable Member
Joined: 14 years ago
Posts: 634
 

I would speak to your trustee first of all. It may be that there is not a problem with the car at all, depending on the value of the car purchased. A car upto the value of ยฃ3000 can be disregarded, so it would only be anything over that value that would be looked at. As TDA said, if someone is buying it for you, then they could be the owner whilst you are the registered keeper. You just need to speak to your trustee.

Shona is not currently posting in the Trust-Deed.co.uk forum.


   
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