citing oft decision in defense of renault finance claim help?

[DRIVERS]

Hi all, have recieved a letter offering partial settlement using the oft decision of £12 as a reasonable charges, as part of their defence, does this oft decision stand in the courts?

[dave&sueb]

Hi,
As I understand it, the OFT merely said they propose that £12 should be considered a maximum figure above which they could use their power to investigate but that £12 was not necessarily to be considered an automatically acceptable figure.

In my opinion, I would not accept their offer on these terms as you are then accepting their right to make the charge!
but this is just my personal view.

[DRIVERS]

That is what I originally thought, but the text of the letter states it is regulation and entitles them to charge the £12.

[Rich44]

Rubbish tell them to stick it and you want the lot scrubbed that £12 was the OFT saying thats the point where they would look to intervene as they have limited resources they would only get involved in serious cases

[dave&sueb]

Hi,
Maybe this text exerpt will help clarify: -

1. 5.5 We regard the setting of the threshold as a provisional practical measure to move the market towards compliance. We should make it quite clear that we are not inviting the banks to align their charges at such a threshold figure. We are not proposing that default fees should be equivalent to the threshold, and a court will certainly not consider that a default fee is fair just because it is below the threshold.

Hot humid weather and a banking headache...........not a good combination, makes me madder than ever.......boy do they deserve a thrashing!!

[DRIVERS]

Thank you I will include this in the email tellin them where to stick their offer, should cut all the crap out

[andrewfarmer]

Hi what was your probleam with them ? they have been charging me over 100.00 in just 4 weeks and also 10.00 for each phone call they make

who did u send your letters to ?

which letters and order did you write them?

good luck and thank you for your help

[DRIVERS]

Am taking them to court for unlawful charges u shud do the same

[JonCris]

Their charges have to reflect their true cost & not their "lets think of a figure so we can profit from this mugs inability to pay our high rates & added charges"

A computer spewing out a letter at the drop of a hat doesn't cost £20- £30 nor does a telephone call from an office clerk cost £15 +. Even a fully qualified solicitor only charges £13.50 for a letter & their letters are individualy contructed to reflect the advice being given.

[suekelly]

Hi there,

I'm a newbie struggling with unfair bank charges and renault finance. I'm assuming there was a post before the first one in this thread but can't find it. Am I also to assume that the charges applied by people like Renault Finance are also under the spotlight as they are totally outrageous?

This is going to be a little long I'm afraid. Because of disputed bank charges (A&L have taken almost £300 off me in charges since the beginning of June - a snowballing effect!) I was not sure that I would be able to pay the DD to renault at the end of June. I therefore called the bank and cancelled the DD. They said I'd not given them enough notice and that the DD was likely to go through. It did and they charged my £34 (A&L) for their trouble. They did refund this three days later but in the meantime, because they'd taken this amount int the first place, another two DD's bounced and they charged me a further two £34 unpaid DD charges.

I called Renault and explained the situation but because I hadn't called them 5 days earlier then they said that even if I paid the amount due on the correct date - 30 June- I would still incur a £25 charge for late payment. I argued that this couldn't be the case as I was paying the amount by debit card on time but apparently they said they can.

In any event, because of the snowballing of the bank charges, the bank refused the debit card payment. As you're probably aware, A&L operate a delayed internet service so you never ever get to see the true situation as they only update every 24 hours. I wasn't aware that they had refused the debit card payment until a couple of days later. I'm now not able to pay it because of all the bank charges. But, since the 30th June, my due date, Renault have added on £50 plus interest as the payment is now 10 days late. Another £25 will go on if I don't pay the full amount by next week. Am I able to dispute these charges? They are not the first charges I've paid like this but hadn't thought I was able to dispute them before.

I have written to A&L to ask for all my charges to be refunded but they are refusing. I'm now going to threaten them with court action and see if that changes their stance. I don't have another bank account so maybe I should open one before I send that letter off to them. My credit rating is poor as I've been having a run of bad luck (this post is already long enough ).

Any thoughts?

[DRIVERS]

send the template letters, in order then if this doesnt work (which it probably wont) file court papers then they have to respond within 28 days by either filing a defence or paying up as was the case with me. as far as renault goes do the same as u i assume have a pretty long relationship ahed of u with them so its best to start as u mean to go on.

[andrewfarmer]

Drivers any news with the court??

[DRIVERS]

Thought I had posted this sorry, Yes Renault settled in full before court, without admitting liability of course.

[Tilly1959]

I am glad I have come across this thread! That's great news Drivers.

My son has had problems with extortionate charges by Renault Finance but because he is not a third of the way through his agreement yet, we are holding tight. I will be watching this thread with interest and when the time is right for us, we will go for it.

[DRIVERS]

I am not an authority on this( look around the site if this does not help post the question) but i would follow the steps to getting my money back as long as you have kept up with the set payment plan they have no right to take the car back if thats wat your worried about, this way for the rest of the repayment time they will not even be tempted to take more charges from your account

[ExBoSGal]

Renault Finance are part of BOS, for whom I used to work. Charges are applied as follows:

Represented DD (even if DD is paid on representation) £25
10 days late = reminder letter £25
25 days late = further reminder letter £25
2 payments down = notice of default, charged at £25
15 days after notice of default - letter of termination of contract charged at £25

Plus, every time they telephone you, they will charge you £10. My advice - is they telephone you and ask for Mrs Jones and you refuse to comply with their security checks, they cannot log that as a complete phone call and therefore cannot charge you for the call.

[ExBoSGal]

And Drivers - if under a third of the account has been paid back on a Hire Purchase agreement, they CAN repossess the car. Over a third paid, and they would need a court order to repossess the car.

[JonCris]

Originally Posted by ExBoSGal

And Drivers - if under a third of the account has been paid back on a Hire Purchase agreement, they CAN repossess the car. Over a third paid, and they would need a court order to repossess the car.

They can only reposess the goods if any agreement or subsequent agreement is broken by the debtor. If no current agreement is broken & they still reposess it they are in breach of the agreement & can be sued for a complete refund of all monies paid.

[R1Pilot]

does anyone know who the data controller is for RFS ??