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.
On the 20th March 2009 I decided that I wanted to buy a new Ford Fiesta so I went to my local Ford dealer and did a test drive and all the rest. I then paid £500 to Ford, which was what they called a "holding fee" to ensure that the car was mine and would not be sold to anyone else.
I then signed an HP agreement about a week later and a deposit was owed by me for £2500.
A couple of weeks after signing the HP agreement, (I still had not paid the deposit) I was told at work that redundancies were going to be made and so I decided that now was not the right time to buy a new car. On 20th April I rang my local Ford dealer and told them that I did not want to buy the car now. Of course, as normal sales people do, 3 people rang me throughout the day trying to change my mind but I decided that I did not want the vehicle.
My local Ford dealer assured me that they would ring Ford Credit on my behalf and cancel the HP agreement.
I then wrote to my local Ford dealer (after taking advice from Consumer Direct) a week later asking them to confirm that they had cancelled my HP agreement and to return my log book and the £500 I paid.
I received my log book but no accompanying letter. I then received a late payment notice from Ford Credit so I rang Ford Credit to ask if my agreement had been cancelled. My local dealer had not cancelled it and will not reply to my letters so I am now threatening legal action.
Where do I stand with this and am I likely to get my "holding fee" back?
The time span between payment of the deposit and the cancellation would probably mean the car had been registered etc; which would mean you are very unlikely to be entitled to your deposit back. If, on the other hand, nothing had been done to the car ie; pre-delivery inspection, registration etc; then I see no reason to withhold it from you.
On the HP, however, I would continue to pursue them
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Ford Credit - HP agreement
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