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.
Have read some very interesting threads here & need your comments please. Bought a car in 2004 with Ex ptnr. APR extortionate, of course..thought it was his only option! All payments made regularly until we split in Oct. 2005. He took the car, hid it, and left the country. H.P. agreement in both names. I couldn't afford to pay& informed welcome of dire situation. Kept them informed all the way, gave them his E mail which is all I had. This continued until March 2006, a friend of ex finally called me telling me car had been left with him, he was fed up with it parked outside his house, tax exp. etc. I called Welcome to tell them where it was.
Did not hear again until May..they were sorry they had not collected car or been in touch, would I like to make them an offer? Told them I was not in the position but would ask around.. went back to them with couple of offers, unacceptable!! Gave me more time to try to find suitable offer. Anyway, the point is the car was finally picked up in June, I was not given notice, it was collected from Ex's friends house.
I have since recovered the paperwork from them(was left with car at his friends) and discovered that we had paid over £3000 on approx £12000, HELL.....Also, there is a document which I have not signed only my ex. giving terms of the contract(New & Used Vehicle Order Form) One of the conditions is that the car has been used for private car hire, taxi or courier work etc. and the box NO has been clearly ticked.
Found reg. tfr doc. and the car was owned by Europehire, so I called them to clarify if the car had been used in their fleet which they confirmed.
I then called trading standards, who seem to think I have a case and have told me to write to welcome finance Rejecting the Car (even though it has now been collected) Not satisfactory quality or properly described, and that I have acted quickly on determining this information to justify the return of goods. They also seem to think I may have a case for compensation, as I have lost the ability to own the vehicle.
Can anyone assist me on this,ideas on how to compose letter ??
What a horrific experience!!!! Don't know if I'm doing the right thing really, mixed opinions....Think it could be a battle. Oh well, used to that now. Have sent letters to both Approved Car Finance, and Welcome(recorded delivery) rejecting the car, quoting parts of various Acts, Lol, They have misrepresented details of sale.....so will just see how it goes............
Hi Peter B Tnx again for your help. Problem is, my situation is very different really, as they had already taken the vehicle when I discovered all this, due to having the paperwork in my possession and being able to examine it all closely. My partner left and stopped making all payments, hid the car and left the country!
My point was, that false representations were made at the time of the sale and we may not have otherwise purchased the car. Will just await their reply.
received replies from Approved car finance and welcome. Welcome Head Office,Nottingham, has opted out and passed the buck back to the local branch, saying that they will be in contact. Approved car F. wanted more information, understandably, so I have replied.....
Received yet another letter from Approved car finance, saying they are still investigating the matter. So, I contacted Trading standards who are going to refer the matter to my local branch who they say are one of the better ones,LOL. Just really needed guidance because I gave them 14 days initially. However, as they have responded I have allowed them to exceed this. The guy I spoke to said this will all go in my favour as it shows I'm being reasonable in allowing them time for their investigations How long does it take???? Oh well suppose it is holiday season, as "Egg" mentioned in court last week.......
Yet another reply from Approved car finance, still investigating the matter. Also heard from my local Trading Standards...think I will have to call them today as I have now noticed that the date on the H.P. agreement and the new and used car vehicle order form do not agree. The latter is dated 9 days later, and they were both completed on the same day!! Sure all the paperwork and contracts should be accurate.
I am still awaiting news from both Welcome Finance and Approved Car Finance.....Have sent letter before action, finally(busy with other things....) In contact directly with Welcome, just dragging on. Have been researching facts again, and will shortly be issuing summons for Misrepresentation....
also have an hp aggrement for a car 43% intrest at time no other option have paid nearly 3 of our 4 years but we also have a discrepincy in the dates of some of the forms we both signed is this likley to mean that things were not done properly ?
Yes, check all the paperwork very carefully, dates are important. I would say if in doubt contact your local Trading Standards Office. I am now in the process of collating all my info. before resorting to a summons, but am pretty sure it's going that way.
The dealership where I took my car has now closed, so I am also chasing old service information, think I have found someone who can assist me there, so just awiting a reply, before I proceed.
Still waiting for the court to issue summons, due to an error on the form and then the xmas backlog! Has anyone had dealings with the Medway area office?this is where my case has been transferred.
Received a letter from the Court today "notice of returned document". Apparently the envelope,addressed to Welcome Finance, was returned to the court marked"insufficient address".
Well, I checked my copy & the address appeared to be correct,postcode 'n all. So called the Court, seems to be their error instead of "compliance Department" they have said Compliance Way!! Everything else in order, so it was returned just for that. I can't believe it, they now have to re issue summons, so has held things up once again. Welcome & delaying tactics....
Seems the other defendant, Approved Car Finance, have received theirs, as they called the court today to check on dates. Thought that was clearly marked on the summons, however they need help & clarification!!! It's a bit weird actually because now I will have seperate dates for acknowledgment.
i had a car with welcome which i handed back 3yrs ago after 2yrs vluntrary termination,for a whole year they hassled me trying to get the rest of the money from me,i never made any contact with thema and have since moved twice,i flatly refused to pay them the insurances they claimed i owed as i no they have 6yrs to claim the money from me and ive not heard from them for about 18mths,stupidly i went to yes for a car lol but i was desperate as i have to have a car for my job!
Yes true companies like this rely on the clients desperation! Hope you don't have any problems with this one. Seems both defendants have acknowledged claim so will just await their defense.
Received their defense, finally. allocation questionnaire submitted. Received a letter from the court, apparently one of the defendants was given extra time ! They sent it right at the last minute. So now looks as though I'm awaiting yet another court date.
Welcome repossessed the car months ago now. No contact from them whatsoever. The vehicle should have been sold at auction...just silence from Welcome, as usual.
They have not dealt with any of this in a professional manner and I will certainly make this known in court.
My claim is for Misrepresentation, but there has been a multitude of errors along the way, of course I don't want to cloud the main issue.
I sent the appropriate notices to welcome and have now received my data. However they are still processing my data with the CRA"s even though there is Court Action pending!
They have not contacted me regarding the sale of the vehicle which they collected last July. Presumably they should have been in contact, to inform me of this. I know they have sold the vehicle, but interestingly enough there are no facts and figures in the data they have supplied....
As I am taking them to court for misrepresentation, I have not addressed the other issues, as I am unsure of my strategy in view of this. Would appreciate any comments......
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