hello,

Hoping someone can help.

I missed 3 weeks payments on my car and the company sent me a termination letter.

No default letter before this, just the termination. can they do this?

They then turned up twice at my home unannounced, though i wasn't in.

I have since paid over a third, yet the police turned up today stating that the company had reported the car as stolen?!

Any advice much appreciated.

Who's the company?

rent2buyyourcar.com

Attached is a copy of the credit agreement

Also a copy o the termination letter

docs1.pdf

How many of the payments have you made?

...

1. 05/10/2017 280
   
2. 08/11/201770
   
3. 15/11/2017 70
   
4. 22/11/2017 70
   
5. 29/11/2017 70
   
6. 06/12/2017 70
   
7. 13/12/2017 70
   
8. 20/12/2017 70
   
9. 27/12/2017 70
   
10. 02/01/2018 70
    
11. 03/01/2018 70
    
12. 10/01/2018 70
    
13. 17/01/2018 70
    
14. 24/01/2018 70
    
15. 31/01/2018 70
    
16. 09/02/2018 70
    
17. 14/02/2018 70
    
18. 22/02/2018 70
    
19. 28/02/2018 70
    
20. 14/03/2018 70
    
21. 06/04/2018 240
    
22. 01/05/2018 320
    
23. 04/06/2018 70
    

Total 2240

 

Thread title amended.

Upload unapproved Reg showing in agreement.

Andy

Wow, just wow. I don't think that I have ever seen a more un-compliant credit agreement. The Termination:Your Rights section alone appears to have taken what should be statutory wording and terms and twisted them into something else completely.

6 Termination by r2byc

r2byc may on any breach by the Hirer of any of the provisions of this agreement after due notice terminate the hiring under

this agreement, and on such termination this agreement and the hiring constituted by the agreement shall be determined and

the Hirer shall no longer be in possession of the Vehicle with r2byc's consent, and, subject to the provisions of clause 7 below,

to our right to take repossession of the Vehicle and to any of the Hirer's pre-existing liabilities to r2byc, neither party shall

have any rights against the other.

I think that agreement was drafted by he Chuckle Brothers:-)

Any advice on what my next steps should be?

So how many payments have you made please count them...

Looks like 23 or 24 made out of 70

So the car could well be protected goods??

So how many payments have you made please count them...

23 payments totaling £2240

Protected goods under CCA

which means they have to go to court and get a return of goods order

Whatever the situation, I would certainly make a formal complaint and ask for it to be put forward to the FOS in respect of them reporting the car is stolen. This is clearly untrue and is an extremely abusive tactic and it needs to be put before the authorities. I should make a letter of complaint now and demand a final response within a weeks maximum. I should also send them an SAR and to see what they've got on file on you and see if there is any reference to their contact with the police.

My car is still showing as stolen on the police database.

I need to drive from the Midlands I to Wembley today.

I have the HP paperwork in me just in case.

Is there anyway I can get the stolen marker taken off?

The police didn’t seem too helpful on that bit yesterday, they just said they would ask r2byc to take it off.

I’m taking my children with me so do t want them scared by being pulled over constantly.

you have proof you own it and the V5C too?

No V5, they still have that.

They said they won’t give it until it’s been fully paid off.

I only have the HP agreement in my name.

that unlawful its registered in your name!

never mind you legally must hold the docs

The car isn’t registered in my name, it’s still in theirs.

I have just had this email: Please bring your payments upto date (4x£70) . We have contacted the police and confirmed that you have been in touch and once payment is made the stolen marker will be taken off .

Also can anyone point me the the legislation that states the V5 should be registered in my name?

Thanks

No V5, they still have that. They said they won’t give it until it’s been fully paid off. I only have the HP agreement in my name.

that unlawful its registered in your name!

 

never mind you legally must hold the docs

I have just had this email: Please bring your payments upto date (4x£70) . We have contacted the police and confirmed that you have been in touch and once payment is made the stolen marker will be taken off .

 

 

Also can anyone point me the the legislation that states the V5 should be registered in my name?

 

 

Thanks

There isnt any........you are not the legal owner

https://www.osv.ltd.uk/registered-keeper-lease-car/

Yes, i know i am not the legal owner, but surely I should be the registered keeper on the V5.

There is a difference between legal owner and registered keeper.

And its on HP, its not a lease car.

You most probably are registered on the V5 as the registered keeper...when you signed the agreement.The V5 will be registered to the legal owner rent2buyyourcar.com...until you have paid in full the vehicle.

I Have today received a CCJ claim form from them!

they have sent no default notice, nothing.

Below is the wording:

********* , entered into a Hire Purchase agreement with us on 05/10/2017 for the vehicle ********, with payments of £70 per week as per the agreement signed.

She has defaulted on her payments from 05/07/2018 and claimed to have lost her job and could not afford the payments.

We had offered to waive all outstanding payments if she returns the car.

She has not responded to any of our offers. This offer still stands .

Timeline

Date What happened 05/10/2017 Hire purchase agreement signed , 20/06/2018 from 06/04/18 to 20/06/18 had missed payments which she eventually caught up after lots of emails and her not informing us of her change in address. We had also sent a default notice and a notice of termination.

27/06/2018 email sent for reminder of missed payment , she responded that she had lost her job and can only afford £35 a week . We offered to waive outstanding payments if she returns the vehicle. 23/07/2018 3 payments of only £35 paid between 27/06/2018 to 23/07/2018. again have offered to waive all outstanding payments for the return of the vehicle , no response has yet been received . No payment has been received since

Evidence

Type Description Contracts and agreements signed agreement contract and signed terms and conditions . Letters, emails and other correspondence emails of conversations, Default notice , Notice of termination. Receipts proof of when payments where made

please complete this:

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(4-Viewing)-nbsp

Name of the Claimant ? rent2buyyourcar london Ltd

Date of issue – 8th August 2018

Date to acknowledge - 24/08/2018

date to submit defence - 07/09/2018

Particulars of Claim

What is the claim for –

********* , entered into a Hire Purchase agreement with us on 05/10/2017 for the vehicle ********, with payments of £70 per week as per the agreement signed. She has defaulted on her payments from 05/07/2018 and claimed to have lost her job and could not afford the payments.

We had offered to waive all outstanding payments if she returns the car. She has not responded to any of our offers. This offer still stands .

Timeline Date What happened

• 05/10/2017 Hire purchase agreement signed ,
  
• 20/06/2018 from 06/04/18 to 20/06/18 had missed payments which she eventually caught up after lots of emails and her not informing us of her change in address.
   
  we had also sent a default notice and a notice of termination.
  

27/06/2018 email sent for reminder of missed payment , she responded that she had lost her job and can only afford £35 a week .

We offered to waive outstanding payments if she returns the vehicle.

23/07/2018 3 payments of only £35 paid between 27/06/2018 to 23/07/2018. again have offered to waive all outstanding payments for the return of the vehicle , no response has yet been received . No payment has been received since

Evidence Type Description

• Contracts and agreements
  
• signed agreement contract and signed terms and conditions .
  
• Letters,
  
• emails and other correspondence emails of conversations,
  
• Default notice ,
  
• Notice of termination.
  
• Receipts proof of when payments where made
  
  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No
   
  What is the total value of the claim? £490.00
   
  Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No
   
  When did you enter into the original agreement before or after April 2007 ? After
   
  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? No
   
  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. original creditor
   
  Were you aware the account had been assigned – did you receive a Notice of Assignment? N/A
   
  Did you receive a Default Notice from the original creditor? No
   
  Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No
   
  Why did you cease payments? I havent
   
  What was the date of your last payment? 23/07/2018
   
  Was there a dispute with the original creditor that remains unresolved? Yes
   
  Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes