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.
can anyone help me with this mess I'm in with Park Motor Finance ?
I took out a HP agreement on a car 18 months ago for 4 years. I am paying the monthly installments by direct debit and I missed one early last year, I telephone Park a week or so later and paid the instalment by debit card, but didn't have enough funds at the time to pay the £40 DD fee(penalty charge).
Some months later I was still receiving letters saying that the full installment was unpaid, I have been very ill and ignored these letters thinking that they were wrong, and were only refering to the unpaid £40 fee. I have since however realised that there was another installment some months later that was returned to my bank. Unfortunatley I hadn't noticed that this had even been returned.
The situation now is that I have received a default notice from Park and is saying that I have to pay the arrears in 7 days or the agreement will be terminated.
I don't really want to talk to these people on the phone, so need to get something in writing. I was hoping that they could add the the arrears on to the agreement so that it is a month longer or increase each monthly payment by £10 or so (as my mortgage company have done with my arrears). Or in light of the default notices, is it now more serious than that?
I don't really want to lose the car, but I am struggling to pay for it.
I know exactly how u feel. I was in a similar poistion just before Christmas with Merc Benz whom failed to set up my direct debit. I moved out of my house due to refurbishment and some of my letters went astray. In a nutshell follwing the defualt notice that i never received the contract was terminated and the vehilce repossessed. I tried to challange the reposession and are now facing £4000 in legal costs. The best advice is to to contact them asap don's ignore it. Explain your position and submit a proposal to pay the arrears. Do it in writing and send recorded delivery. Also check the agreement to ensure that they are not breaching the contract. Hope this helps.
Ok, here's where I'm at now...........I have been reading through this forum for the last few weeks, to try and find a similar situation, so that I know my rights on this matter.
VERY INTERESTING finds I have to say...........I now know that the default notice they sent to me was faulty and so the subsequent termination was unlawful and I have sent a letter accepting their unlawful termination.
They have since offered to reinstate the agreement but I say "NO CHANCE". I'm going to court with this one to fight for compensation for putting a faulty DN on my credit file.
I feel this way, mainly because I know I'm right, but also because I am so fed up of corportate companies bullying me and I am confident of a win.
I am still reading up on various threads, in order to gain as much knowledge as possible, and would like to thank you all out there for bringing this to my attention.
Thank you for that link postie, I thoughorly enjoyed it.
I have been reading through 'tales on a dodgy dn' and invalid default notices' threads too so I'm pretty up to scratch with what's what, but now need to familiarise myself with what needs to be done when they go for the repo order, so got some good info from that thread.
Just to clarify though, I don't think the F.U. company referred to in that thread is linked to park motor finance. I was unsure if you thought it was the same company or just knew it would help me in general?
ok, here are the ones with the figures in. The last one on the ones already posted above is exactly the same, so I've not posted that one again. It needed no ammendments as there were no personal details on it.