{"id":10515,"date":"2011-02-14T11:23:36","date_gmt":"2011-02-14T11:23:36","guid":{"rendered":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/?p=10515"},"modified":"2021-05-06T16:37:15","modified_gmt":"2021-05-06T15:37:15","slug":"how-will-an-iva-affect-my-car-loan","status":"publish","type":"post","link":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/how-will-an-iva-affect-my-car-loan\/","title":{"rendered":"How will an IVA affect my car loan?"},"content":{"rendered":"\n

Question: When is a car loan not a car loan?
<\/strong>Answer: When it is a HP Agreement!<\/strong><\/p>\n\n\n\n

When acquiring a vehicle it is important to understand the difference between finance provided via a HP agreement and finance provided via an unsecured loan. There is an important difference. <\/p>\n\n\n\n\n\n\n\n

A vehicle acquired via a HP agreement is not your property \u2013 at least not yet. The words \u2018Hire Purchase Agreement\u2019 mean that you have entered into an agreement to hire the vehicle with an option to purchase. Accordingly you do not have the right to sell on a vehicle acquired in this way. You may have paid a deposit or traded in your own vehicle as part of the Hire Purchase Agreement but that does not make you the owner of the vehicle. Documents provided when acquiring a vehicle via HP will normally be entitled \u2018Hire Purchase Agreement Regulated by the Consumer Credit Act 1974\u2019. An alternative title used in HP documents is \u2018Conditional Sale Agreement Regulated by the Consumer Credit Act 1974\u2019. These are both acceptable titles.   <\/p>\n\n\n\n

\"HP<\/figure><\/div>\n\n\n\n

If however you purchase a vehicle financed in whole or in part by an unsecured loan then it is your property and you may dispose of it when and as you wish. Such an unsecured loan may be described in the loan documents as \u2018Credit Agreement Regulated by the Consumer Credit Act 1974\u2019 or \u2018Fixed Sum Loan Regulated by the Consumer Credit Act 1974\u2019. Neither of these is a HP Agreement. Confusing, isn\u2019t it? Let\u2019s look at some of the other clues in the documents you sign.<\/p>\n\n\n\n

The text of a HP agreement should include a section entitled \nTERMINATION: YOUR RIGHTS\u2019. This section confirms that you have a right \nto end the agreement and explains how you should go about doing so, if \nthat is what you want to do.  Furthermore, the text of a valid HP \nAgreement should also include a section entitled \u2018REPOSSESSION: YOUR \nRIGHTS\u2019. This section explains your rights in the event that the HP \nprovider wishes to repossess the vehicle. There are other standard \nsections in a valid HP Agreement and if the agreement in front of you \nticks all the boxes above, then it is highly likely that that is what it\n is. You will not become the owner of a vehicle acquired under a Hire \nPurchase Agreement until you have paid all the installments due under \nthe agreement and exercised your \u2018option to purchase\u2019 right at the end \nof the term of the agreement.<\/p>\n\n\n\n

In the event that you enter into an Individual Voluntary Arrangement \nwith your creditors, you will have to continue to pay the full amount of\n the monthly HP premium. As a secured liability, the HP agreement is \nsimilar to a mortgage in that respect. The HP debt cannot be entered \ninto the IVA unless you default on your HP payments. In such a scenario,\n the HP provider would repossess the vehicle (according you your due \nrights under the agreement) and any shortfall would be entered into your\n IVA as an unsecured debt. At that point it would rank for dividend \nequally with all your other unsecured liabilities. <\/p>\n\n\n\n

If on the other hand your car loan is definitely unsecured (not \nsubject to a HP agreement) then the amount outstanding at the time you \nenter an IVA will be included as a debt in the IVA and the lender will \nrank equally for dividend with your other unsecured creditors. <\/p>\n","protected":false},"excerpt":{"rendered":"

When acquiring a vehicle it is important to understand the difference between finance provided via a HP agreement and finance provided via an unsecured loan. <\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"none","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","footnotes":""},"categories":[7],"tags":[],"class_list":["post-10515","post","type-post","status-publish","format-standard","hentry","category-iva-articles"],"_links":{"self":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10515","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/comments?post=10515"}],"version-history":[{"count":2,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10515\/revisions"}],"predecessor-version":[{"id":13578,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/posts\/10515\/revisions\/13578"}],"wp:attachment":[{"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/media?parent=10515"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/categories?post=10515"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nationaldebtrelief.co.uk\/debt-articles\/wp-json\/wp\/v2\/tags?post=10515"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}