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    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
    • Less than 1% of Japan's top companies are led by women despite years of efforts to address the issue.View the full article
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Voluntarily returning my car whilst still under finance to Welcome finance


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Hi all, a quick question is it true that a car purchased from Welcome Car finance can be voluntarily returned either half way through the agreement or when half the finance is paid? I have no defaults with the company, it's just that i'm paying far to much for not a very good service! I only ask as someone mentioned it to me earlier but didn't get the full information I propbably need.

 

Thnks

 

G

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Not sure so don't take what I say with too much thought however, I think this is correct

However, you would need to look at your finance forms. There is usually a section (atleast there was with mine) where you have a figure of where you can just hand the car back

 

It takes into account interest etc

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Hi,

 

If you still have your finance documents there should be a section givin you info on your right to terminate the agreement, it normally gives you the figure which needs to be paid, generally it is the half way stage. I used to work in admin of the motor trade and all of the finance docs I saw had this. I handed my car back half way through an agreement with 1st National Motor Finance and my brother has just done so with Black Horse.

 

Hope this helps.

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Any car purchased under Hire contract can be given back 1/2 way through its agreement it is to protect the consumer or the creditor depending on how you look at this. Basically the Credit Company can take the vehicle from you 1/2 way through your term if they believe that said vehcile is actually worth more than the outstanding balance this never happens, however the flip side is that you can return vehicle, as in most cases the O/S balance you owe is actually alot more than said vechicle's actual value and is your consumer right under the hire purchase agreement, as i'm led to believe.

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  • 2 weeks later...

I think its a section headed "Your rights to terminate this agreement" It should then give details of "blah blah if u have paid at least one half of this agreement you may return the vehicle and will have nothing more to pay providing it has been kept in good condition, blah blah"

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YES.. if you have a normal Hire Purchase agreement, you can Voluntary Terminate your agreement.

 

You need to have paid half the TOTAL payable. i would say the best bet is to ring the finance company and ask them if you can VT your agreement.

 

There will be certain terms for the conditon of the vehicle ( ie MOT, service history) so you are best speaking to them.

 

I doubt the T+C's for the credit agreement will be on the back of the 1000+ check list, it might just be the T+C for the warranty?

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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hi

we vt our car with welcome no defaults before paid half

some time after get a default notice no mention of vt

and then court papers from solicitor

have a look at our thread court order welcome fianance

buffy

Buffy x

 

Buffy v Halifax WON all charges refunded

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as far as I know, and I'm 99% sure of this because I think we did this to one of our first cars on finance when we decided we wanted to change but didnt want the hassle of keeping the (at the time) current one, that it does >not

 

As long as you kept up with your payments, its something you're allowed to do and as far as the parties concerned, the agreement has been settled with no outstanding payment.

 

Someone will correct me if I am wrong though

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you should also visit Car Credit Complaints They know welcome very well and can give you more details on how to VT correctly as its easy to get things dreadfully wrong with welcome and end up getting stitched for a big sum of money

Direct Auto Finance & DLC dispute ongoing.

Offer with confidentually agreement from DLC / DAF DECLINED :D

Please PM me if you have any cheap rate or 0800 number for DCA's to add to my list and also to my website

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Hi there. Welcome Car Finance took my car yesterday (well a courrier took it to an auction house in Liverpool), all has gone well and happened reasonably quickly, I V.T'd the car 9 months early and i know i owe the payments up until the two year point, they told me to go to my Welcome office and set up an agreement to pay off the outstanding balance, what I would like to know is if they will then charge me interest again, bearing in mind that I have already been charged interest, also they have charged me an additional £270.00 for things that the RAC picked up on (ie a couple of scratches, small dint and a valet), but the courier told me he would be taking it direct to the auction and it would be sold as it stood, without any of the work which i am being charged for done to the car, is this allowed, what can i do?? Any help/advice would be much appreciated, Many Thanks

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  • 1 month later...
Any car purchased under Hire contract can be given back 1/2 way through its agreement it is to protect the consumer or the creditor depending on how you look at this. Basically the Credit Company can take the vehicle from you 1/2 way through your term if they believe that said vehcile is actually worth more than the outstanding balance this never happens, however the flip side is that you can return vehicle, as in most cases the O/S balance you owe is actually alot more than said vechicle's actual value and is your consumer right under the hire purchase agreement, as i'm led to believe.

 

Actually they can't take the vehicle from you after you have paid 1/3, unless

 

1. You have missed payments and.

2. A court has authorised them to do so.

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Actually they can't take the vehicle from you after you have paid 1/3, unless

 

1. You have missed payments and.

2. A court has authorised them to do so.

 

We are discussing VT's here matey...:???:

 

Under a Hire Purchase agreement, you can voluntary Terminate your agreement at any time by

 

1) Paying half the TOTAL outstanding balance ( not taking into account Insurances and warrranty's)

 

2) Agreeing to be liable for the remaining payments up to thehalf way mark. - This means you will have to hand the car bck, but still pay the normal instalments up to the amount you are liable for otherwise you will end up defaulting on your agreement and getting a default on your credit rating..

 

 

the courier told me he would be taking it direct to the auction and it would be sold as it stood, without any of the work which i am being charged for done to the car, is this allowed

 

Short answer is yes...... You are being charged for the depreciation of the cars value due to the 'faults' with the car.

 

Say a car is wroth £5000.. there are £500 worth of 'faults; with it, you either pay them £500 and they get it fixed and sell it for £5000 or you pay the £500 and they sell it for £4500... total money recived for the car =£5000!

 

and yes... i do this for a living! :eek:

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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  • 2 months later...

Hello All,

 

Nice reply Robuck.

 

My contract, in the Key Information section states:

 

'Termination: Your rights. You have a right to end this agreement. To do so, you should write to the person you make your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is xxxxGBP. If you have already paid at least this amount plus any overdue instalements and have taken reasonable care of the goods, you will not have to pay any more.'

 

I have paid more than half, i.e the quoted figure. The car has been serviced and will be again next week. However, there is a dent in the driver's door as somebody went in the side of it but didnt bother to leave their details!!! My question is as I have paid half of the amount payable, if they took the car away I wouldnt owe them anything, but will they charge me for the damage to the door?

 

Any help would be great.

 

Thanks

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Under the terms of the agreement yes they have a right to charge you for the dent to the door.

 

When the vehicle is collected you need to be there when they look over, you will have to sign to say you agree with the condition of the vehicle.

 

 

Some companies will just send somone out to collect it without looking at it. others will go over it with a fine toothcomb. Depnds on how lucky you are really.

 

You would be best getting a quote from a local body shop (or two) this way, if you disagree with the cost of the repair ( IF they charge you) you can give them two other independant prices.

 

as i said before though, some companies may just agree to it and send somone out to collect it without checking it.

 

hope that helps.

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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That is a good point. If you make a note of any damage you think needs to be repaired ( for a guide, if there is a scratch on the car and you cant run your finger nail over it without the scratch stopping it, it is considered to be beyond general wear and tear).

 

Also by taking photos you can prove the damage or lack or it if the company queries any damage which you feel doesnt need to be repaired or wasnt there in the first place.. ( some collection companies can cause damage to the vehicle in transport).

Edited by robuck

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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  • 6 months later...

We are planning to do a voluntary termination later this year, once we have reached 50% of the total amount payable under the agreement.

 

After the ridiculous interest rate we have been charged for the last few years (and the dodgy PPI policies on the previous cars we had on HP) we do not feel very inclined to spend a lot of money getting the vehicle into perfect condition before handing it back for them to sell at auction.

 

Will they really bother pursuing us for repair costs? Presumably they would have to do it via small claims court, so we have nothing much to lose by defending and hoping they discontinue proceedings. And I also assume this would now be outside the credit agreement and so they couldn't put anything on the credit file?

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Any costs of repairs to get the vehicle up to 'reasonable conditon for its age' will be added to any liability you may have ( which will include any remaining PPI ) and unless this is paid, it will show as a default on your credit file as you will have broken the terms and conditions of the agreement, by not fullfilling YOUR side of the Voluntary Termination.

 

As the VT rights form part of the original agreement they wouldnt have to pursue you through the small claims court.

 

Again, it depends on whether the company will bother inspecting it, some do, some dont.

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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I vtd my car about 5 months ago but after paying more than half for it ,i still had a bill for 1200 pounds for GAP and warranty i agreed to pay 100 pounds a month [the guy from welcome phones me on the beginning of the month and i pay by debit card] but do i have to pay GAP and the warranty now i have vtd the car officially..it has been the worst car i have ever owned only done 4000 mile in 2 and a half years ,,the car is still in my drive with the clutch gone! i told welcome and they said that comes under wear and tear ???

any help please

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Your liability wont be for the GAP ( this is normally the 2nd payment on a HP ) the remaining liability will be the Warranty payments and any PPI if you had it.

 

as for warranty, unless its a fault ( ie sometings breaks and its not supposed to) it will be classes as normal wear and tear, especially friction parts, Clutch, Belts, Brakes.

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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as for warranty, unless its a fault ( ie sometings breaks and its not supposed to) it will be classes as normal wear and tear, especially friction parts, Clutch, Belts, Brakes.

 

You forgot some warranty wear and tear items robuck, there is also - gearbox, engine and components, heater blower, water leaks, radio not working, spare wheel missing, in fact in warranty terms, I can't think of anything that isn't wear and tear. :)

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You forgot some warranty wear and tear items robuck, there is also - gearbox, engine and components, heater blower, water leaks, radio not working, spare wheel missing, in fact in warranty terms, I can't think of anything that isn't wear and tear. :)

 

 

to be honest, its ANYTHING that wears or tears, which on a car..... is everything LOL :-o

Any and all comments made are my sole opinion. these do not in any way reflect the opinions of any other company ether associated with myself or others. :)

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