Hire Purchase - Half Rule Legal Question.

Hi all,

I have a court judgment against me for around €16,000 for a hire purchase agreement.

At the moment I am about to appear in court for a enforcement.

Reviewing my files I have discovered that during my oriogional dispute with the finance company I informed them that i wanted to cancel the vehicle and return it under the half way rule.

At the time the value of the half way rule was € 12,000 and I had paid €7226.00, leaving me with around €5,000 to pay.

The Finance company arranged collection of the vehicle but never again mentioned the cancelation under the half way rule.

Since the case has gone onto full judgment against me and recovery of the remaining finance after the sale of the vehicle which is around €16,000 outstanding.

Now my question is to I have any legal basis to argue that the vehicle should have come under the half way rule and the amount I have outstanding is €5,000?

I have no funds to pay them this €5,000 so It would be enstalments that I would have to pay anyhow so can I seek this as €5,000 is better than €16,000.

Failing that, at the very least I could ask my parents to lend me the €5,000 to meet my requirement under the half way rule.

Please could someone advise me if I have any rights to still claim this half way rule?

I would imagine that when you returned the car you should have got them to sign something stating that it was being returned under the half-rule.

Bit late to be coming up with your defence at the enforcement stage, why didnt you raise it before now?

DeeKie said:

Bit late to be coming up with your defence at the enforcement stage, why didnt you raise it before now?

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In all honesty I forgot about it.

After the car got returned I thought it would be a simple cae of paying off the debt, but then the finance Bank sold the car and started demanding the remaining balance.

I wrote letters back and forth discussing the agrement, and they then went to court.

I had forgotten about the half rule option and it was only when I was reading another forum.

I have never signed any voluntary return slip, so I was hoping that as the half rule law was still a legal option as the finance bank didnt comply with the law at the time.

Am I able to ask the judge to set the judgment aside so they could hearthe case again and allow me the option of the half rule?