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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Cancelling a Car Fianace Agreement


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I went to a car dealer on Saturday and looked at a car.

I then spoke to the finance manager who said he would check to see if I could get it on finance which he said I could.

I then did the forms and that was that.

He informed me i could cancel within 14 days if i so wished but never gave me a copy of the credit agreement.

I then decided not to go with the car

on the Tuesday and sent them an email saying I did not want it.

Today Thursday I got a call from the dealer asking me when I was coming to collect the car, I informed them of my email, they said they didn't get it.

I then told them over the phone that I didn't want it and put me trough to the finance manager who then said I could not cancel.

when I then reminded him of what he had told me on Saturday, he said he would ring me back as he needed to do something.

He didn't call me back

I spoke to a solicitor who said I should be able to cancel within 5 working days as it was not signed at the finance companies office.

Can anyone offer any advice?

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if you signed in a showroom i dont think you can cancel.

have a look in this forum or the welcome one.

sure i've seen this mentioned several times.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In order for a credit agreement to be legally executed, Both yourself and the Underwriters of the finance company need to both sign the agreement, So if you signed it on the Saturday and the underwriters didn't sign it until the Monday then on Saturday and Sunday would be the days that the credit agreement would not be legally enforceable. Keep a copy of your emai which you sent to them as this provides the date that you requested to cancel the agreement.

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i have sent a cancellation letter on Thursday by special delivery to both the finance company the garage wanted none of it but when my solisitor called them they have started to change their tune they know i am not messing they have also made a slight spelling mistake in my name and got my address slightly wrong so dont know whats going on

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Hi,

am a Finance Manager for a large car dealership.

As an above post stated, you have fourteen days to cancel the agreement if it was not signed on trade property.

As you signed in the dealership I am afraid you cannot.

However, again as someone has stated if you tried to cancel before the deal was executed then you have a right.

Did the finance manager give you a copy of the Pre contract and all subsequent documents at the time of sign up?

Did you purchase any insurance products, ie gap, ppp ect as these products do have a 14 day cancellation period.

Which finance company have you signed with?

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

The point i was trying to make is that maybe the poster got wires crossed in respect of the cancellation period.

The finance manager may have said you have 14 days to cancel insurance products ect and customer then thought this included the finance agreement.

If the original poster can let me have the above info i will double check for them.

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

 not being picky 

most of the insurance crap is front loaded 

ive yet to come upon a car finance agreement with monthly payments for the insurance crap

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On a HP agreement it has to be shown seperately, so the customer knows exactly what they are paying for. Ie if the total monthly payment is £200 per month and included in that is gap insurance of £15.00 per month it has to be shown

Car insurance/warranty

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

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Quote

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

they do if ppi etc is added

Quote

 

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

 

that should also be provided in the statement of price

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