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.
I have got a vw Bora on finance and am having difficulty in paying the monthly payments, it is costing me a fortune in fuel so i have written to Cygnet finance requesting the vehicle be reposesed they have told me over the telephone that it will cost me more if it reposesd and they say they are entering a default against me they say they have not recieved the letter from me and when i explained that i was putting in near £200 a month on fuel they said they found it hard to accept if anyone has advice on where i stand or how to send the car back please get in touch, the car was originally purchased through approved car finance.
wow 200 a month on fuel! how many miles do you average per month? and have you checked it out for faults with the fuel? it may be eating your fuel for a reason. do you use air con? as this uses a lot of fuel?
regards to the rest im not sure what to do. but there are some letters on the site somewhere regards to debt. so id look around and see if any off them fit your circumstances.
how long have you had the car for?
was it brand new when you got it?
lisax
if i have helped you at all click please the scales on top right!
ABBEY
11/4 S.A.R - (Subject Access Request) SENT OFF
1/6 LBA SENT
22/7 LETTER SENT REQUESTING THEM TO REFUND CHARGES
15/7 STATEMENTS RECEIVED (ALL 6 YEARS WORTH)
20/7 CLAIM ISSUES IN OLDHAM COUNTY COURT.
8/8 CLAIM ACKNOWLEDGED GIVING THEM TILL 21/8.......
SETTLED IN FULL!!!!!!!
T MOBILE i won!
16/6 Data Protection Act SENT OFF
5/8 t mobile have failed to comply with the Data Protection Act/S.A.R - (Subject Access Request) reques ....BRING IT ON BABY!!
7/8 LBE SENT GIVING THEM 7 DAYS TO COUGH UP MY CASH
i have recieved a default notice from them so i went and got some advice from a debt councellor they told me under the consumer credit act 1974 i can cancel the agreement (hp) at anytime i have sent them written notice requesting they take the car back as per claus 99 of the consumer credit act 1974 thay have got back to me saying this agreement is secured on a bill of sale and not HP can anyone help me out where i now stand, can i return the car, will i have to pay the full amount owed under the agreement if i do return the car the funny thing is i like the car i want to keep it but they are leaving me no choice all i wanted was 1 months grace when i could not afford to pay the standing order, i am about to be divorced and the solicitors fees had to be paid.
I know how you feel, I'm currently in disagreement with Cygnet about my car. I took it out through a dealership and was told I could choose my payment date which i did. Then they took the money on a different date so I tried to change it again and every month now I receive a letter (@ at £25 charge to me) saying I missed my payment even though it wasn't due till the date I said. I have looked at my policies and for some reason my signature and the sellers signature are dated on different dates - how do I know if this is even my original contract plus I was told it was 24 months and now according to the files it's 31.
I have been ill recently and couldn't afford my payments (even though I took payment protection out it wouldn't pay out a waste of nearly £2000) I spoke to Cygnet asking them to help and they said NO - even though in the contract it states if you get into financial difficulty ring us and we will assist you in any way. Yeah right. So now I'm being threatened with reposession unless I pay and they won't listen to a word i say. Can anyone help me, do I have a leg to stand on with them if I put in a formal complaint.
They have you, no matter which way you turn. They are **EDITED**. They are very, very **EDITED** and **EDITED**. They don't **EDITED**. They just **EDITED**.
**EDITED**
Right...in answer to the bit about "bill of sale" this is true JonCris, I'm afraid.
HP is totally different to having one of these things.
Normally, with HP after so many months into your agreement, you can hand the car back and you no longer pay any more money for it, no questions asked, but with this you can't do this, PERIOD!
If you give your car back, you are still liable for the outstanding amount that is left on your account, end of conversation.
So, say for example, you have had your car for 2 years out of a 3 and a half year agreement and you just can't meet the payments anymore, and Cygnet won't help you by dropping your monthly payments (which they won't do, been there, done it, got the t-shirt!) and you want to give your car back. You can give your car back by all means, but you are still liable to pay for the last year and a half on your agreement!!!!
You can't get legal aid from any solicitor in the land for this type of help, I've also been there, done it and got the t-shirt again!
But, this is something that I found helpful in my circumstances and I thank my lucky stars.
I looked on the internet for any free, legal advice I could find and was lucky enough to find a very helpful legal helpline, that went down all legal avenues for me. And several or so phone calls later, this is the ONLY legal help they were able to give me to get me out of a very difficult situation. "A Time-out Order Application"(form W440)
Contact your nearest court and ask where you go to get your order. ie County/Magistrate/Crown. You may also be able to get help with your court costs under certain circumstances. I can't remember what the exact circumstances are, you'll have to sort that one out I'm afraid. But this is the form, I think! (form EX160)
Just say for example you are paying £300 per month for your car and you can only realistically afford to pay £175 now due to a change of circumstances etc
Fill this form in, with a covering letter stating why your circumstances have changed, also state exactly what Cygnet are like, ie, that they are not willing to help etc, etc. Submit it into court with all the relevant documentation ie terms of agreement, bill of sale, etc etc either with the applicable court fee or the form EX160 and hope for the best!
Also as a footnote, the "bill of sale" is only legal if it has been stamped by the high court. So check this to make sure it has been stamped. I'm pretty sure it will have been as they don't tend to make mistakes, but, if by some miracle, you are lucky and it hasn't been stamped then it is "invalid and unenforceable"!
You don't get a stamped bill of sale on the day you purchase your car and drive it away, as they have to send it off to the high court to do this. So ring them up and ask for a copy of yours to make sure that it is stamped...but only tell them that you need a copy of it as you have a financial advisor in and you need a copy.
And last, but not least, the only other available route to you is Consumer Direct (Trading Standards) if all else fails give them a call.
I hope I have helped a little and would love to be sat in the court room with you if you go for the Time Out Order Application, and it's granted just like it was for me, just to see the look on the face of the person they send to court!
Bye
being an ex welcome fighter and now have no outstanding car finance, i would like to ask this question
when i first informed welcome about returning the car, this is what they said
i signed the agreement on trade premises, so no cancelation rights applied, and if they took back the car i would still be liable for the full ammount
like i said i am clear of welcome but out of interest any comments on that statement
I can only go off my own experience where Welcome is concerned postggj.
I got into extreme financial difficulty with Welcome and they were nothing but helpful to me all the way to the end of my car finance. They let me drop the monthly payments twice and also let me miss months here and there over the 3 year term.
At one stage I thought that we might have to give our car back. But we were never quoted anything like what you've mentioned. If they had have quoted to me what they did to you, I would have done exactly what I did to them as I did to Cygnet!
I also had a personal loan with them too at the same time, which they were also really helpful again they let me do the same as the car finance.
With me though I don't take no c*** from anyone. So 9 times out of 10 I get what I want, as I will kick up such a stink. I go all out to find out everything I can, and leave no stone unturned if I think I'm being wronged in any shape or form! That was until I came up against Cygnet that is!!!!!
I'm such a pain that alot of my friends will come to me to sort stuff out because I just don't care. At the end of the day we all have rights and I'm just not afraid to shout out loud about them and to use them when needed. Don't get me wrong, I'm always very polite and courteous so people never have a reason to ignore or report me!
This is me:-
I walk into a popular high street electrical outlet with a faulty ipod player that I have bought from them.
I explain that my ipod is no longer working, blah, blah, blah only to be given a load of verbal rubbish from a shop assistant, so I start to shout; "Pinch my nipples, pinch my nipples!"
So the now red-cheeked shop assistant rushes away, and along comes his supervisor, who also tells me the same verbal rubbish but in a different way. So, yet again I start to shout even louder; "Pinch my nipples, pinch me nipples!"
Well, as you can imagine, people are now staring at me and pointing and I just don't care!
Next, I'm highly honoured as the shop manager approaches me, at high-speed might I add, only to state, yes you guessed it! The same verbal rubbish. But, he at least has the brains to ask why I keep saying what I do in response to the answers I keep receiving. To which I simply reply; "I like to have my nipples pinched when I'm being screwed!"
I got a replacement ipod within 30 seconds of that statement! Yep we all have our rights......lol
You need to get the Bill of Sale checked for any mistakes just one and it will be void, if their are no mistakes then they have the right to seize car.Most Bills of Sale are void your local CAB or Advice Centre should have contact with specialists who can check this out for you. In the meantime you should hide the car or park it away from your home.
PLEASE HELP i got a car from cf 11 months ago i told acf i was pregnant at the time and they told me not to tell finance compant but to take out cover for unemployment etc which i did, my partner has been off work for 3 months with sciatica and although its been hard we still managed to make payments of £285.72 a month, until last month, so now we have missed 1 payment and they are coming to take the car back tomorrow, i asked for help or reduced payments and they said no! i have hid the car as i need it with a baby but i also dont want them to take it back but at the same time its now about principle that i dont actually want to pay it as they are so snotty and unhelpfull (i have had the phone put down on me twice and been shouted at) please anyone who can help reply to this x thanks :-?:twisted:
In response to the above post, I am sorry to hear of the problems you are experiencing. I am a Complaints Officer at ACF Car Finance and would like to look into the issues you have raised in order to try and resolve the situation for you.
Please contact our Complaints Team on 0845 271 5196 or alternatively email us at Complaints@acfcarfinance. co.uk to discuss your concerns.
can anyone help im in the same position as some others on this forum i have had a car from acf and im now refusing to pay for it as it has been off the RD more time s than on it and when i was of sick as well ive sent in sick notes to their relevent dept for my payment protection and guess what they havent received them so im now 4 mths behind in payments they r coming to take the car away on monday but ive told them im going to court to ask for a payment break due to change of circumstances but the car cant be driven at min due to the suspension snappin now ive down no more than 7000 miles in 14 mths have had to have basicly new parts in engine ,silencer,exausts,manifol d system,new clutch,now need the electrics done as central locking is broken and now the suspension so can any one help
Hi, I am in the same boat as some of you, I have had the calls and letters and threats, they even know when my wages get put in my account better then I know ( they think they do), I have tried all kinds with them and don’t get anywhere, right my question is if I have got warranty out on the car (which I did not ask for or want) and I want to cancel it after nearly 2 yrs and it is for the term of the agreement would I be entitled to have this took off and would my payments go down,
HERE IS A WARNING FOR ANYONE LOOKING TO BUY A CAR OFF THEM, DO NOT TAKE THE WARRANTY OUT AS IT IS NOT WORTH THE 1,800 I HAVE HAD PUT ON MY BILL, AS EVERYTHING IS ALL DOWN TO WEAR AND TEAR EVEN IF YOU HAVE HAD THE JOB’S DONE THEY JUST TURN ROUND AND SAY TAKE IT TO WERE YOU HAD THE JOB DONE.
DO NOT GIVE THEM FAMILY DETAILS SUCH AS NUMBERS AS IF U MISS ANY PAYMENTS OR YOU HAVE ANY TROUBLE WITH THEM THEY PHONE THEM UP AND ASK THEM QUESTION AND TELL THEM TO ASK FOR YOU TO GET IN TOUCH,
PLEASE HELP i got a car from cf 11 months ago i told acf i was pregnant at the time and they told me not to tell finance compant but to take out cover for unemployment etc which i did, my partner has been off work for 3 months with sciatica and although its been hard we still managed to make payments of £285.72 a month, until last month, so now we have missed 1 payment and they are coming to take the car back tomorrow, i asked for help or reduced payments and they said no! i have hid the car as i need it with a baby but i also dont want them to take it back but at the same time its now about principle that i dont actually want to pay it as they are so snotty and unhelpfull (i have had the phone put down on me twice and been shouted at) please anyone who can help reply to this x thanks :-?:twisted:
HI just to let you know they will not take your car for missing 1 payment, i have missed 2 payment due to change of circumstances, the letters go out Automatically so i was told this morning, i am just sorting payments out with them now,
omg, i wish i had found this site before i got my car, but even then i went through acf!!!!
I have not missed any payments ....YET!! but i cannot keep paying £200 per month!
I have rung them today and asked for a copy of my bill of sale?? heres hoping it is not signed or it is void in some way?!?!?!?
I am prepared to gve the car back but then i am going to still have to make the payments, it is madness!!!
fingers crossed the bill of sale is not worth the paper its written on - but i think they are 2 clever 4 that!!!!!!!!!!!!!!
PLEASE HELP i got a car from cf 11 months ago i told acf i was pregnant at the time and they told me not to tell finance compant but to take out cover for unemployment etc which i did, my partner has been off work for 3 months with sciatica and although its been hard we still managed to make payments of £285.72 a month, until last month, so now we have missed 1 payment and they are coming to take the car back tomorrow, i asked for help or reduced payments and they said no! i have hid the car as i need it with a baby but i also dont want them to take it back but at the same time its now about principle that i dont actually want to pay it as they are so snotty and unhelpfull (i have had the phone put down on me twice and been shouted at) please anyone who can help reply to this x thanks :-?:twisted:
These idiots think they have a right to speak to people however they want, muppets.
Notice they come on the thread offering help now? well thats a cover up as they know sites like this and car credit complaints, are wisening people up to what they are like.
I will be taking these to court very very soon, nearly done, and WHEN i win, i'm gonna shout it on here in BIG CAPITAL LETTERS.
hi again update time...... they didnt come take the car so a month later after i calmed down i phoned them to make a payment arrangement, i offered to pay £75 a week instead of £285 a month which over the year means i pay £500 over what i am sposed to pay, 3 weeks ago my card got stolen and my account was cleared out! i called them and said obviously i wouldnt be making payment that week but they said not good enough...... today they called and said as its the beginning of the month and i didnt make up the £75 they will be coming to take the car i spoke to colin long collections manager who was SO RUDE!! i said ok fair enough come get the car as i have had enough, then my partner called him and he was rude to him aswell and as my partner said he wasnt happy with his attitude he said ok instead of paying the £220 u owe up until now( from when my partner was off work sick) i want £400!!!! unable to believe what he had said my partner asked him to repeat it and when he did my partner told him that the conversation was being recorded to whick colin long became quiet, i am going to citizens advice and the finance Ombudsman this week as i dont know how these "professionals" can get away with talking to the public like this.
Cygnet finance i need advice please
Re: Cygnet finance i need advice please
Re: Cygnet finance i need advice please
:twisted:
Originally Posted by jo24uk1
