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Old 02-11-2007, 20:04   #1
2001louise
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i got my car on finance in january 06 and the payments were for 4 years, found out that the company had been taking money out of my payments to pay for a additional loan so therefore fell in to arrears with the car, so i did a rewrite on the car, and i got told over the phone it was for another 4 years and lower payments and a lower interest rate, when to the office to sign the new documents and i had to wait 45 minutes to sign, now the guy didnt go through the details with me , and i was made to sign on the dotted line at the top of the stairs as they was no rooms available and he didnt give me a copy, and then today i got a letter stated that the new payments are for 120 months yes 10 years, that means i am actually paying £25,000 for a £6,000 car, where do i stand in this.
i phoned the company and the head office and had no joy and up to now i am still waiting for them to ring me back
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Old 02-11-2007, 20:10   #2
daftlad
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Go to the Citizens Advice Bureau and seek advice that does not seem right to me
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Old 02-11-2007, 21:30   #3
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Definately one for CAB or even a solicitor, act now don't hang about. The payment they were taking out for ''another loan'' could this be that you were mis sold PPI. If this can be proven (and legislation is on your side these days) you may be able to claim ALL this back. This is pretty much the same avenue as people who have claimed unfair bank charges back.
They are not going to phone you back. They probably haven't stopped laughing yet from the visit you made to re-finance. Get them stopped from doing this sharp practise. Why not make a start by naming them on here? There will be no prizes for anyone guessing the company's name.
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Old 02-11-2007, 22:45   #4
2001louise
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the only trouble i have, is trying to get in touch with the cab, i can never get through to them.

where do i start with a solicitor?

this has got me really worried now, will i lose my car?

and where do i stand in all this.

and can i name the company?

and what is ppi?
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Old 03-11-2007, 07:25   #5
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PPI- payment protection insurance.
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Old 03-11-2007, 08:28   #6
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Go straight to a solicitor if you can't get in touch with CAB. Take all the documents, ask for a free consultation to see if you have a case and explain all this to them.
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Old 03-11-2007, 08:56   #7
2001louise
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first thing monday morning i will be making an appointment with a solicitor, i am gonna get the barstools by the balls, as i am losing sleep over this
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Old 07-11-2007, 17:18   #8
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Just wondering what legal beagle had to say. Have you seen anyone?
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Old 07-11-2007, 17:33   #9
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I read somewhere that a lot of people are claiming back the insurance as they have also been paying what they thought was the repayment for the car and not insurance.

For the CAB it is best to drop in. Someone will go throught the basics and then get you an appointment, after that you'll probably get a direct number for the person dealing with it.
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Old 07-11-2007, 17:42   #10
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you should have a good case, 10 year car finance on a £6000 car? Most finane companies wouldn't do this deal unless it's for a really expensive car with good residual values.
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Old 08-11-2007, 09:03   #11
2001louise
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on monday i tried solictiors, didnt get no joy as i wouldnt get legal aid, couldnt get through to cab and when i did was told they was no one to take my call.
after speaking to someone from legal advice, i was given the number of the consumer rights and then was put through to trading standards, and we had a delightful conversation.

i then rang welcome (company) and low and behold the guy who was dealing with it had phoned in sick.
i then had a conversation with the area manager, told him what had gone off and that i had seek legal advice from the consumer rights and trading standard he was so quick to help/
then yesterday someone from the head office phoned me regarding my complaint and she is now looking into it.

i was supposed to have a meeting today with the area manager at 10am but at 9.30 got a phonecall to say that he was out of the office for a meeting.
something fishy going on.

now the car i got on finance is a 2000 reg car, so it is 7 years old now and do you really think it is worth paying out £26,000 on it, and in 10 years will i make my money back i dont think so
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Old 08-11-2007, 09:19   #12
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did they give you a copy of what you signed- because it should have stated on there what the payments are and for how long???? if so why did you sign it?
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Old 08-11-2007, 16:17   #13
2001louise
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Quote:
Originally Posted by scottf View Post
did they give you a copy of what you signed- because it should have stated on there what the payments are and for how long???? if so why did you sign it?
no they didnt give me a copy, and i was told what the alleged terms where and they werent for 10 bloody years, i got told the terms was for 48 months not 120 months.
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Old 08-11-2007, 16:45   #14
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Quote:
Originally Posted by 2001louise View Post
no they didnt give me a copy
Then you don't have a credit agreement. Stop all payments immediately.
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Old 08-11-2007, 16:54   #15
2001louise
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Quote:
Originally Posted by Heyesey View Post
Then you don't have a credit agreement. Stop all payments immediately.
i have done, but i have been warned that i am now at risk of losing my car unless i go and sign a new agreement
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Old 08-11-2007, 16:58   #16
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Quote:
Originally Posted by 2001louise View Post
i have done, but i have been warned that i am now at risk of losing my car unless i go and sign a new agreement
Fair enough, but since the credit agreement you last signed was NEVER valid, any money you've paid from that day to this, you should be claiming as a reduction on how much you owe without any interest being added.

You won't get it, but kick up a stink and they'll at least do the damn thing properly this time, and probably give you the agreement that you thought you were signing in the first place.

Make sure you get a copy, and remember you have two weeks to read through it and make sure they aren't screwing you over.
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Old 09-11-2007, 10:04   #17
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You ought to join the forums at www.moneysavingexpert.com , it's the website of Martin Lewis who recently appeared on the Tonight programme about PPI reclaiming. There are hundreds of members on there who have reclaimed and will give you tons of advice and help you through the process of reclaiming etc, have a look in the Loans board on the forum. There are also step by step articles by Martin on reclaiming on the main site. I couldn't live without that forum
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Old 10-11-2007, 18:54   #18
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what you need to do is apply to the company by Recorded Delivery under s77 Consumer Credit Act 1974 which requires them to send you a copy of the contract you signed within 7 working days. I think the fee is about £1.50 or £2. If they do not send you a copy of the contract with all t he financial payments within 30 days they have committed a criminal offence.

77.—(1) The creditor under a regulated agreement for fixed sum credit, within the
prescribed period after receiving a request in writing to that effect from the debtor and
payment of a fee of 15 new pence, shall give the debtor a copy of the executed
agreement (if any) and of any other document referred to in it, together with a
statement signed by or on behalf of the creditor showing, according to the information
to which it is practicable for him to refer,—
(a) the total sum paid under the agreement by the debtor;
(b) the total sum which has become payable under the agreement by the debtor but
remains unpaid, and the various amounts comprised in that total sum, with the
date when each became due: and
(c) the total sum which is to became payable under the agreement by the debtor,
and the various amounts comprised in that total sum, with the date, or mode of
determining the date, when each becomes due.
(2) If the creditor possesses insufficient information to enable him to ascertain the
amounts and dates mentioned in subsection (l)(c), he shall be taken to comply with
that paragraph if his statement under subsection (1) gives the basis on which, under
the regulated agreement, they would fall to be ascertained.
(3) Subsection (1) does not apply to—
(a) an agreement under which no sum is, or will or may become, payable by the
debtor, or
(b) a request made less than one month after a previous request under that
subsection relating to the same agreement was complied with.
(4) If the creditor under an agreement fails to comply with subsection (1)—
(a) he is not entitled, while the default continues, to enforce the agreement;
and
(b) if the default continues for one month he commits an offence.
(5) This section does not apply to a non-commercial agreement.

And here's the link reference www.fisa.co.uk/downloads/CCA%201974.pdf.

When you get the copy contract examine it very carefully because the contract is legally required to be in a prescribed form and any breach to the prescribed form can render the contract legally inadmissible.

And as far as having a great chat with Trading Standards, take it from me that's all it was. Unless you've got it in writing it's not worth the time and cost of your phone call.

I would also strongly advise you to conduct all of your future conversations with this finance company in writing and by recorded delivery only ensuring that you keep a copy and mark it clearly on your letter that it is sent by recorded delivery.
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Old 10-11-2007, 19:42   #19
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I also strongly advise you to reinstate your payments because non-payment puts you ijn breach of contract.

Unless the finance company's HO is in Sheffield, Trading Standards are not allowed to deal with your complaint and are required to refer the matter to the finance company's home authority trading standards office. Traditionally, however, I think you will find that they tend to adopt a hands off approach and do not want to get involved with disputes against finance companies because they can afford to pay and do indeed instruct the top barristers and law firms which is costly. If you want a specimen s77 CCA letter, PM me.
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Old 11-11-2007, 09:30   #20
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What contract? Without having been given a copy of the agreement surely no contract has been formed. And presumably like all finance there is a cooling off period, so she has the right to change her mind.
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