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.
Afew years ago when the economy was booming so was my business, I did very well indeed.
So well infact that I brought an Aston Martin, then traded it in for an X5 from a Stratstone Dealer in Tring (Part of the group from whom I had purchased the Aston Martin from in the first place, a bunch of [edited], who would sell their own mother to put it mildly)
I had the Aston Martin on cash, but then decided to trade it in for an X5 on finance, the result was that the dealer owed me a big wad of cash for giving him my pride and joy, the aston martin.
When the dealer took my aston martin, he told me I would get the money within 24 hours, at this point I had signed up for the BMW and was already paying finance charges for having it.
The dealer never paid for quite some time, in fact until after he sold the aston martin, which meant he had almost £100k worth of free car while I was paying interest on borrowed money for a car he sold me.
Needless to say, I requested he pay me the difference in interest. The dealer never responded.
6 months later on inspecting the paperwork behind the transaction I noticed that when they did finally pay me they paid me £2179 less then they should have.
I wrote to them requesting they pay it back to me.
To which they replied that they had deducted it for GAP Insurance and Tyre protection insurance.
I then stated that I had not requested these products and that they should refund me immediately.
They responded saying, well seeing as you never asked for the products, we have cancelled them, but there is no way in hell you are getting a refund.
Pathetic right?
Exactly, so I wrote back saying this to which I didnt really get a response except to say this was their final decision.
So I wrote again requesting all the documentation, this didnt turn up till
10 months later, it was a joke, they had a supposed email from me requesting this cover (i have no record of it at ALL, there was no confirmation no nothing), then they have:
1) The finance documentation, showing clearly that I do not want GAP or Tyre Protection insurance - its literally been crossed out
2) A copy of the Tyre and GAP Insurance policy with my supposed signiature - this signiature IS NOT MINE.
So I wrote back to them to tell them, neither the email or the signiature is real, they obviously have ruthless staff working on high commissions with this product who have done this.
They didnt respond, so I got the Financial Services Ombudsman involved who has said that I should have responded to him within 6 months of recieing their final letter - but I couldnt because I didnt have any paperwork referring to this policy. So I have told him that.
I also wrote to BMW finance threatening to stop making payments until I was paid my interest and this £2179 relating to GAP and Tyre Insurance back which I never requested. They told me I have to keep making payments because otherwise I am in breach of their agreement, so I have had to continue.
I am now very frustrated because
1) No one will give me a refund, even though policies are cancelled.
2) I never requested these policies - the signiature and emails are fraudulent
3) FSA isnt helping me
4) BMW Finance passes me onto the dealer and the Dealer is a crook who has no intention of helping.
I have been looking at the finance agreement recently, its a non regulated agreement, would appreciate your help with any advice or comments on what I should do, as this money now means a lot to me, especially as my business no longer does as well as it once did.
Send them a 'letter before action' giving them 14 days in which to return your premiums or you will issue a court summons without further notice.
This will of course cost them the premiums + court fees + 8% interest, let them know that.
Make sure it is sent recorded delivery.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
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Yes, but then proceed with it dont threaten if you do not intend to persue.
Once they receive the court papers they may be more inclined to settle.
copy in the hp co. as well or even include them as joint defendants if you think they are party to the rip of.
After writing them a pre action letter I have had a response back just acknowledging the letter....does this basically mean....yes take us to court we will fight you?
No I havent approached the police, but I will most likely this week.
In addition, BMW reposessed the vehicle even though I was willing to make payments in advance to the end of the contract and they did this illegally without issueing me with a default notice either.
I actually have a solicitor fighting the case now as the default is heavily affecting my business.