Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am wondering if any of you legal boffins can help me with a problem I am experiencing with a company called GE Money.
Basically last year we purchased a vehicle that had a screen price in the dealers of £26,995. We decided to purchase through a finance company and by the time all the credit fees etc were added, we were over the £30,000 mark.
Since day one, we have had numerous problems with the vehicle, specifically the cooling system. To date, the vehicle has now had four radiators fitted and just about every part of the cooling system replaced. This fault is still present and has not been repaired to our satisfaction (as the fault is still evident).
We have written to the finance company and they have informed us that they do not recognise the Sales of Goods Act as the agreement is over £30,000 and is "unregulated". We have requested a replacement vehicle in exchange for the faulty one, but to date have recieved no reply from them. Last month again we had to find another £500 for repairs.
This morning we were telephoned by an agent instructed to collect the car as we have been late of two payments (this months and Decembers- although these payments are now up to date) - due to having to find money to repair the vehicle yet again. We have received no letter of termination or default of contract from the finance company and no court order is present for the collection of the vehicle.
It is my understanding that although this is an unregulated agreement because of its total amount we still have rights as a consumer and believe that the finance company is not playing to the letter of the legal rights I have as a consumer.
Can anyone clarify EXACTLY where we stand as a consumer?
If its an unregulated agreement, do we have rights under the Sales of Goods Act - Implied Terms, or do we not have a leg to stand on?
I'm going through the same thing my car keeps going wrong and it’s under finance! There quick enough to tell you that its THIER car when you haven’t paid a payment but soon as they have to take some responsibility the tables turns!
This is what I would do:
You have to give the creditor a chance.
What you may find is that the person that has rung you is actually the creditor pretending to be a bailiff. If this is the case this is a criminal offence under the administration of justice act 1970. This MAY NOT be the case though. So I would ring my creditor and ask them what’s going on and that you have received no letters or default notices. Explain that you have tried getting in contact with them about the vehicles faults but you have had no response. Explain that you understand you missed payments but you are now up to date. If this fails write a letter to them stating your conversation and that you will be taking matters further and you would like a written response within 14 days. MAKE SURE YOU SEND IT RECORDED!!
Hopefully if it runs ok this should sort out the bailiffs.
Now regarding the faulty vehicle because u hasn’t stated the vehicle age I don't an if it’s under warranty!! But just suppose it isn't......
Under the Sale of Goods Act 1979 (as amended) businesses are under an obligation to sell and supply goods and services that are as described, fit for purpose and of satisfactory quality.
Regarding the vehicle you need to contact trading standards find out if you have a case. Then go from there really! That all I know! That’s all I'm up to! I'm just finishing my letters to the Finance company, Car Craft and My Warranty Company who are all pointing the finger at each other!
Sale or Supply of Goods Act - Implied Terms
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