re: park motor finance

[rebecca1988]

i recently spoke to park motor finance regarding the voluntary termination of my hire purchase with them, they sent out a letter stating i owed £592, £290 of this is in call and letter charges which were sent when my direct debit had failed, i was wondering if there was anyway these charges could be withdrawn from the final settlement?

[maroondevo52]

Hello and Welcome, Rebecca.

I'll move this thread to the appropriate Forum, hopefully you'll get some help.

Regards.

Scott.

[Conniff]

Are you sure you can't continue and complete the purchase?

They will check it for every mark and send you a bill for hundred for repairs before sending it to auction and then claiming it did not get as much as you owed and want you to pay that as well.

Because the banks rip people off, every other finance house thinks the banks have set a precedent with the charges and add on the same arbitrary amount. They have no bearing on the actual cost of writing to you.

[Maggie_moo]

I'm going to hijack this thread as it's my daughter's - they are not in a position to continue as her partner is only working a two day week so it has to go. They have been sent a comprehensive list of what is not classed as wear and tear - in other words it would be ok if they had just put it in the garage and not bothered to drive it!

I've told them to Subject Access Request, so we are waiting a breakdown of costs but apparrently they have been charged £30 a letter and £30 a phone call!!

One other issue is they've been told they have to take the car to Newcastle - over a hundred miles away - to have it assessed before they will accept it back. Can they do this as there was no mention of this in the agreement he originally signed? Any ideas would be appreciated

[JonCris]

There's every possibility that the agreement of this firm is unenforceable so lets see if we can go on the offensive. - After redacting all personal info post the agreement here so we can have a look and if it is then your daughter can go after them demanding that they repay the monies already paid

Also if there is PPI or other insurance mis-selling it may add to the unforceability of the agreement & any compensation paid

We'll teach the bugg*rs for trying to rip her off

[Maggie_moo]

I can't post it at the moment as I don't have it, however they will be here tomorrow so will do it then. Are we talking about requesting the original agreement from Park?

Thank you so much for the replies, most helpful.

[Conniff]

I think JC has the right direction to go. Post the agreement up.

The agreement they signed when they took out the finance.

If you have already done the Subject Access Request, make sure you stick to the timescales.

[JonCris]

Also we need to know how any PPI or other insurance was sold - was it implied that it was needed for the application to succeed

[Maggie_moo]

Not sure about the PPI, I will have to look again at the documents tomorrow, thanks again everyone

[winslo]

I also had to pay about 300 quid of 'charges' before i could hand the car back.
Ive just been reading the finance agreement and this is what it says in the T+C

Your duties

a) Take reasonable care of the goods. To acheive this you must, at your expense, keep the goods in good condition and repair any damage excluding fair wear and tear.

b) Not remove any name plate or identification mark on the goods or change their registration number without our express written permission.

c) Not use the goods, or allow them to be used unlawfully and obtain at your own expense any licence relating to the goods required by law.

d) Allow us to inspect and test the goods at all reasonable times

e) Enure goods have a valid MOT test certificate and valid road fund licence and if applicable an operating licence.

f) Write at once to us if you change address

g) Advise us if you intend to take the goods out of mainland england, scotland or wales.

h) Keep all documents referred to in this agreement.

Your right to end this agreement or to settle it early

You may bring this agreement to an end early in one of two way

a) You may terminate the agreement early by giving us notice of your request to do so and paying the sums set out int he statuatory notice 'termination: your rights' overleaf and returning the car to us. You must then return the goods together with the registration document, MOT test certificate, road fund licence disc and any related documents to us at your own expense. If you have breached your obligation to take reasonable care of the goods you will also pay us an amount recompese us for that breach. Such payments for cover for example, an amount required to repair any damage to the goods, deterioation to the value of the goods by its use as a taxi.

Then it says about paying it off etc....

In my situation though, there was no damage? the car missfired once and then all way ok, no check engine lights etc....there was obviously a missfire one a cyclinder but this could be down to bad petrol or anything?

Still, no where does it say they have the right to do a full diagnosis check on a computer? They said 14 fault codes were on. Fault codes get stored on the memory if they have had a problem. It has never been on a computer in the 3 years ive had it so those faults that were logged could have been from before i got it?

They said they would 'HAVE' to sell it stating it had a missfire, and that i would have to pay the diffrence of what it did sell for and what it 'SHOULD' have sold for. How can they put a figure on what it 'SHOULD' have sold for? I have a glass's trade guide book that states the car is worth 1100 in the trade??? Later in the conversation i said i want a copy of the auction sheet that goes on the front of the car to make sure it say 'SOLD WITH A MISSFIRE' he said that it wouldnt be on there and the buyers would know it had a missfire from listening to it. The biggest heap of bull ever becuase i know the car was running great after it was turned off and back on. I even drove it round the car park with him after this argument to show him it was fine and had NO MISSFIRE!!! The inspector doesnt work for park, but his is OBVIOUSLEY on commision to make them money!

The other thing was when they were being arsed and saying my car was devalued etc i offered to buy it from them at what it would make in the auction. I had my glass's trade guide as im a part time motor trader. The car booked at 1100 in my book, and 1900 in his ( that was his words i was never shown the book ) and he expected it to make 3000 + so wanted 3500 off me to buy the car!!

Can anyone help me?

Sorry to hi-jack the thread but i thought id share my experience with of returning a vehicle to park motor finance.

[Maggie_moo]

Well just a quick post, unfortunately they've both decided to try and continue with the payments for now, against my better judgement I might add! Thank you all anyway - if they change their minds I may come back to this!

[rebecca1988]

thank you everyone 4 ur help we have decided to try buy the car out ourselves then just sell it that way but i would still try to get rid of the charges as i do not think we should have to pay them

[Conniff]

Originally Posted by rebecca1988

thank you everyone 4 ur help we have decided to try buy the car out ourselves then just sell it that way but i would still try to get rid of the charges as i do not think we should have to pay them

Make sure to spend a good weekend cleaning and polishing it to maximise the amount you will be able to sell it for.

Good luck.

[winslo]

Check the car isn't worth less than what you owe first!
I owed about 4500 on mine, was worth about 2500. So handed it back for them to take the loss

[Maggie_moo]

Thank you winslo, watching your thread with interest.

[rebecca1988]

hi, want to post documents but can't use photobucket any suggestions ?

[maroondevo52]

Hi,

You might find this useful.............

"How do I...?" A Dummies' Guide to this Forum

Regards.

Scott.

[rebecca1988]

hi, i have uploaded the documents onto scribd could somebody please take a look and see what you think. thanks.

Park 1

Park 2



ENJOY

[Maggie_moo]

bump

[rebecca1988]

bump, bump ,bump

sorry if you think im messing about we just really need the help we wanna way out all options before we settle on something your help will be much apreciated

thanks