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Consumer Credit Act 1974 - does anyone know much about it?


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I recently had a parking fine from a private company for which I am disputing at the moment but I also have an administration charge of £ 25 from the leasing company which is RCI Financial Services for the fact that they had to give out my details, so in theory two fines.....or should I say one is most certainly just an invoice.

 

What I want to know is can this leasing company charge me this £ 25 when I say this fine is unenforceable as they cannot prove who the driver is. Should the company have even accepted this invoice as a fine? They say it will become a 'default' sum of money if I don't pay it.....apparently under section 86E of the Consumer Credit Act 1974.

 

Is it worth protesting incase I can never get credit again??

 

Thanks for reading this

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I suspect you have purchased your car on some kind of manufacturer finance right?

 

This means legal entitlement to your car remains with the finance company until you have paid in full. The parking company will have found the ownership details via a third party and it will have shown up as the finance company that provides your hire purchase agreement. The finance company have incurred a cost when they had to provide the parking company with your details. It's a bit like those letters you get from the bank to say you are a penny overdrawn, that cost £10!

 

So, I would pay up RCI Fianancial Services without questions unless you want your car seizing by the finance company due to a default on your payments of £25.

 

This does not mean that you are agreeing to the parking fine and the two charges are not direcly related.

 

Hope this helps.

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I recently had a parking fine from a private company for which I am disputing at the moment but I also have an administration charge of £ 25 from the leasing company which is RCI Financial Services for the fact that they had to give out my details, so in theory two fines.....or should I say one is most certainly just an invoice.

 

What I want to know is can this leasing company charge me this £ 25 when I say this fine is unenforceable as they cannot prove who the driver is. Should the company have even accepted this invoice as a fine? They say it will become a 'default' sum of money if I don't pay it.....apparently under section 86E of the Consumer Credit Act 1974.

 

Is it worth protesting incase I can never get credit again??

 

Thanks for reading this

 

For who did RCI Financial Services perform this service (of giving out your details)?

 

Presumably not for you- I'm guessing you didn't even want them to give out your details.

 

Really they need to be billing whoever they didn the work for, which would seem to be the parking company?

 

Who's billing you for the £25? If it's part of the parking companies invoice, I'm guessing that you can just ignore it like the rest of the charges.

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Thanks Binster for your reply.

 

Actually, I havn't got this car on finance. I took out a lease on it for 3 years and then it has to go back....works out a lot cheaper than buying a new car and then selling it after 3 years.

 

So, I think you are agreeing with me that although I can protest these invoices and delay payment to them but not to mess with the financial company.

 

My hubby thinks the same too....and for £ 25 it isnt worth the risks.

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To Onewheeldave

 

It is the lease company that is charging me.....not the parking company. They wanted £ 50 originally but now its at £ 100 but then Ive got this extra £ 25 thats the admin. I dont think they should have given them my details. They are not the council/police and it was for parking in a retail park and overstaying my 75 minutes.....and yes I used their services, several of them.....but I failed to see one small notice at the beginning of the retail park saying there were regulations in place......shame I didn't do a tour of the whole park first and then maybe I would have spotted it and parked elsewhere...but I didnt....which is why I'm in this position (that little rant was to all those that told me I should not have been there).

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Are they not breaching some data protection law giving out your details? I would have thought only the Police etc could gain your details, I could start up tommorow giving out parking invoices so does that mean I could request your info from your finance company

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Hi Dongle,

 

I've been down that avenue, trying to find out if they breached data protection and still not sure.....but yes suppose you could start up your own parking fine business.....will certainly be a success!!!! lol

 

The letter I composed to my finance company asked whether they are prepared to give out my details to all and sundry and charge me £ 25 for the privilege. Of course I didnt get an answer....just a letter saying I'd defaulted on my payment.....even though it isnt due until 22nd of this month.

 

How they are allowed to get away with this I will never know....

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They aren't breaching any protection - you don't own the car. They have a legal obligation to name the person they are leasing the car too.The parking fine/invoice is technically registered to them initially as the owners of the car,they're just naming the driver, as any car owner is entitled to do.

You can dispute that you weren't driving but they won't care.

 

I drive a company car,the number of times we get £25 fines for overstaying our welcome in McDonalds isn't funny.

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