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selling a car, the finance company is a creditor?

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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

Hoping to take my car into Arnold Clark trade it in but, technically, it has outstanding finance as it wasn't paid off and the loans company is now tied into my trust deed. Would Arnold view the car as having outstanding finance and not take it as a trade in?? Really want to trade it in for a much smaller, more cost effective car.

Every end has a start !!


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

Hi Timelord

I am guessing it was a straightforward finance agreement ( fixed loan agreement) and not HP or conditional sale. If this is the case, the other company have no claim on the car and it should be ok to sell.

Mark

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

Mark, thanks for your response, I appreciate your help - this really is a,great site. My concern in this regard is that the car will show as having outstanding balance? Is this.the case?

Every end has a start !!


   
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Mark McFadyen
(@mark-mcfadyen)
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Joined: 16 years ago
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Hi Timelord

Very unlikely. It's similar to going to the bank, getting a loan and using the money to buy a car.

I'm sure it will be fine. AC will only be worried that they have a liability if the buy it, but depending on the type of agreement, they won't.

Mark

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

Thanks Mark, the loan was a hire purchase agreement I believe, through Barclay Partner Finance. I spoke to webuyanycar.com who say if I took the car to them and its not paid off the money is paid to the lender and for the deal to go through I also need to give wbac.com the amount of negative equity to allow them to pay off the lender, suggesting I'm stuck with my gas guzzler?

This is a difficult one, it seems.

I don't want to go onto AC and embarrass myself.

Every end has a start !!


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

Hi Timelord.

If it was hire purchase it wouldn't normally be a debt that went into your trust deed.

Do you have a copy of the original loan agreement available to have a look at?

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


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

Hi Timelord

Barclays Partner Finance is more often than not a straightforward finance agreement and not HP.

If you sell the car and there is HP, the company will pay off the finance first and you will get any balance. If not, you will get the funds.

Mark

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


   
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Kevin Mapstone
(@kevin-mapstone)
Member Admin
Joined: 16 years ago
Posts: 4253
 

You really need to get your hands on the CCA agreement, Timelord. Barclays Partner Finance do both HP and fixed-sum loans I think (though as Mark says, not usually HP)

Scottish Debt Solutions Expert - Ask me for help setting up a Scottish Trust Deed or Debt Arrangement Scheme plan.


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

Ithis is really difficult, I've no idea if I can do this or not, trustee can't offer much advice and I don't want to ask AC as it'd be embarrassing ๐Ÿ™

Every end has a start !!


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

Hi Timelord

It should be something pretty straighforward to find out. On your statement of affairs, does the car show Barclays as finance against it?

It is the job of your Trustee to check this immediately as it will make a material difference to contribution payments if its not. I assume you're still not paying for it.

Mark

Mark

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


   
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(@prenticebaby)
Trusted Member
Joined: 14 years ago
Posts: 93
 

Hi

If you are in a position to trade your existing car be aware if the new car is valued over ยฃ3000 at the end of your TD then this will be seen as an asset.

L Campbell


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

So, it's official, the gas guzzler was on a personal loan and not HP. Went to Arnold's and traded it for a wee 1.0 car. With the inclusion of a service/MOT pack it was a straight swap.

Every end has a start !!


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

Glad that's all sorted for you TimeLord.

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


   
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(@timelord)
Estimable Member
Joined: 13 years ago
Posts: 121
Topic starter  

Thanks Amy ๐Ÿ™‚

Every end has a start !!


   
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(@theotherhalf)
New Member
Joined: 13 years ago
Posts: 2
 

hi new to the forum, sorry for hijacking the thread.
My partner is in a trust deed.
We have a car - my car. Is it okay for me to sell it to buy something smaller.
Or do his trust deed company have a claim on the money as joint income for instance?


   
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