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TD with HP car

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(@hellfire31)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

Just about to enter into a trust deed and need help with a car on HP.
Never missed a payment but if i put the car into the TD will the company be able to repo it or would i still be able to hang onto it ?


   
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 kate
(@kate)
New Member
Joined: 15 years ago
Posts: 2
 

Hi,I was told you cant put HP on a TD.


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

Hi hellfire31

I think you need to get this clarified before doing anything. If the IP contacts the HP company, they will almost certainly repossess the vehicle as it breaks one of the conditions (clause 9 usually)

My own opinion is that the car can't be regarded as an asset as you never obtain legal ownership ntil the last payment is made.

Mark

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


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

Just to clarify... ongoing HP agreements cannot be added as debts into a Trust Deed. Scottish Trust Deeds cover unsecured debts such as credit cards, store cards, overdrafts, bank loans, catalogue debt etc.

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


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

Just to clarify a bit further hellfire31. An HP debt can be included in a protected trust deed, but only if you are willing to give up the car, as the finance company are entitled to repossess it and sell it towards the debt. However, any shortfall left over would be covered by the trust deed.

Your trustee may be willing to allow you to carry on paying the HP payment if it is not an unreasonable amount and the car is required (eg for work purposes). However, as Mark says, by signing the trust deed you will find that the HP company will have the right under the conditions of the agreement to repossess the vehicle if they wish. In practice this rarely happens as long as the payments are being maintained.

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


   
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(@hellfire31)
New Member
Joined: 15 years ago
Posts: 4
Topic starter  

cheers guys thats kinda what i was expecting to be honest. i would need it for work so will keep on paying it


   
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