Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    JAM74 Novitiate

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    Default Car Finance Dealer

    Can somebody help me.

    It was my first experience to any car finance dealer. I feel of being fooled by them. A copy of the agreement was not provided to me. while i was told that i have to pay the deposit straight away. as you may agree, nobody can read those terms and conditionsicon small print within minutes. later a friend of mine told me that he didnt pay any deposit straight away to the same dealer. when i reached home, i realized i was NOT provided the required paper work. only rough interesticon calculations...which when i calculated was very misleading to what i was told. i went back next day and told them that it is unfair. they said nothing could be done. and i am not even allowed to cancel the contract. while another person at their office told me minutes before that my paper work was untouched and still on the table. after a while the manager came and said ok, the deal will be cancelled completely and i can go home. i was relaxed but 2-3 days later i found out that they have deducted the Deposit from my account. i phoned them, wrote them letter, emailed them But NO ONE had the courtesy to at least answer me of what is going on...i am too much frustrated. i need to know what can i do. Please somebody guide me? Thanks


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    Default Re: Car Finance Dealer

    Hopefully with more idea of this kind of thing will be along soon

    I would say write (via special delivery, so you have proof) demanding return of the deposit within 14 days or you will take action in the small claims court

    How was the payment made? debit or credit card?

    If credit card, call the CC and tell them you want the deposit returned under section 75

    You may still have a case to get it back even if you used a debit card, depends on the card I believe

    Whatever, they have absolutely no right to keep the deposit

    omnia praesumuntur legitime facta donec probetur in contrarium


    Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

  3. #3
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    Default Re: Car Finance Dealer

    If you didn't get your statutory copy of the agreement at the time of signing and were not provided with the correct documentaion prior to signing or the paperwork is not in the prescribed form the the agreement is improperly executed.

    The effect of this is that only a court can enforce the agreement and it will take into account all circumstances such as consumer detriment. It appears that your are at a disadvantage in not being given all of the required info, nor was the info you had in the proper manner. It would be unlikely that this agreement could be enforced in my opinion.

    You don't have the right to cancellation if it was signed on trade premises unfortunately, but you may have the right to withdraw if the agreement hasn't been executed (ie signed by the creditor).

    If they are accepting your cancellation, but won't return the deposit, then you can invoke their complaints process and go to the Ombudsmanicon. I would write and threaten this because it will cost them about £400 if you take your complaint there and will cost you nothing.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE