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 could really do with some help on a problem I have incovered.
In October 2007, I had a car accident, which was no fault of my own at all.
Consequently, I had a lot of bills to pay such as car hire which I am now claiming back from the third party insurers via New Law Solicitors. That said, the additional expense did disrupt my student budget which resulted in me missing a car repayment on my Peugeot Passport Scheme. This happened in February 2008. Understandably, I was very pre-ocupied at the time with having to deal with the law suit, hold down a part time job and my University studies. My bank, nor Peugeot Finance never contacted me to advise me that I had missed a payment. I assumed everything was going out as usual. I then missed another one in March 2008 - again not a peep from Peugeot. In March, I decided to settle the finance and sell the car as it was a 107 and being 6' 5" and 17 stone - I didn't exactly feel safe in it anymore. Only at this point did I find out from Peugeot Finance that I had missed the two payments and that they were going to debit the arears owed from my account plus £50 in late payment fees plus interest on top. Due to the fact that they did not make a single effort to contact me, I believe they have not acted as a 'responsible' lender should.
In addition, they have put these details on my credit file. I now want to seek redress and am prepared to see it through all the way if I have to!
I want the fees back plus the removal of any derogotary statements on my credit file.
Can anyone please tell me their views and how I should approach this?
YOU should take responsibility for it, in my opinion they have been very fair in only charging £50 in late fees.....
You won't get any joy legally and it will only cost you a heap more money to find this out. 2 late payments on your credit file are not the end of the world. Swallow the pill and learn the lesson my friend.
Well, sent off my first request for repayment letter to Peugeot a few weeks back and gave them 14 days to respond. Eventually received a response yesterday after waiting considerably more than 14 days. They have basically said they are not going to refund me because they think that they are within their rights to charge the fees and they have sought additional legal advice (I'm not convinced you have somehow - lol).
They also spent two paragraphs explaining about the OFT guidelines on the value of charges credit card company's can make for defaults and then admitted at the end that this does not extend to the motor trade. Ermmm, don't know if you are aware Peugeot Finance but I had a hire purchase agreement with you, not a credit card - quite different things I think most people would agree.
Anyway, have already sent off a letter before action so wait to see what happens. Have given 14 working days before the claim is registered in the county court. They say they are confident - that makes two of us then.
I will go all the way without question - even if I lose I believe it is better to try and fail than not try at all. As a seperate matter, I am also awaiting a refund of an overpayment on the agreement (which was caused by their error) that ended over six months ago.
At the end of the day, if they want to play hard ball I will just present my case to the judge and let him decide.
09/07/09 Business Studies BA(Hons) 2:1
eCar Insurance overpayment - £325
Settled in full - 15/09/08 NatWest Student A/C bank charges - £260
Settled under hardship scheme - 08/06/09 Natwest Business A/C bank charges - £60
Settled in full as GOGW - 20/04/09 Santander Consumer Finance late payment fees - £60
Part settled for £48 - 01/03/08 Peugeot Finance late payment fees - £50
Settled in full before county court hearing - 01/09/09 Peugeot Finance overpayment of £247
Settled in full - 01/12/08 Valley Leisure - complaint about collections agent
£160 part refund of gym membership in compensation - 01/02/09 HFC Bank - complaint about payment deducted from my account on wrong date
GOGW £10 - 01/05/09
Re: Peugeot Finance - Help Needed Please
on top. Due to the fact that they did not make a single effort to contact me, I believe they have not acted as a 'responsible' lender should.
and am prepared to see it through all the way if I have to!
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Business Studies BA(Hons) 2:1