Agreement titled - Hire-Purchase Agreement Regulated By The Consumer Credit Act 1974

am looking over my agreement just now. I didnt take out any insurance on the cars HP however I have been charged for something called an "Option to Purchase Fee" at £40, dont know what that is? The only other fees are interest and document fee.

Does anyone have s90 of the consumer credit act for me to quote in my letter? Am asking for compensation for trespassing, should I state an amount or leave it open to them to decide how much?

Also can I ask for all negative entries on my credit file to be removed? Would rather get the first letter I send with all my demands as apposed to adding more at later stages.

Thanks

Hi Patrickq1, thankyou for your advice. I will get my husband to type the letter up for me and sent it recorded delivery.

Do I get to add interest onto the claim?

Would it be okay to email First Response my letter instead of sending recorded delivery? Just trying to save a day here and there. Obviously I would retain proof that the email was sent.

Hi,

Since the reposession I havent achieved much. Ive just been reading alot of threads on here trying to find a template letter that I could use.

My husband reckons that we did receive a default notice.

The DVLA have got in touch with me today (by letter). I never handed over the V5 documents for the car when the bailiffs took it away and now the DVLA are giving me 14days to respond to a letter asking if the car has a new keeper? Obviously the bailiffs are trying to get the V5 documents directly from the DVLA.

Any advice on what I should do? If I ignore the letter then the new keeper gets the docs which I dont know if that will go against me when I make a claim for all money to be paid back. At the same time though I also dont want fines coming through my door for someone elses wreckless driving!

Thanks

I don't want to throw a spanner in the works, but a third of 48 is 16, so I don't think you've paid a third of the HP.

We have definatly paid over the third, we have it in black and white from the recovery company and our credit report shows how much we have paid which again clarify's that we have paid over the third.

Sorry another question, little bit cheeky, but do I get to add interest at any point to the claim? Like I said its a bit cheeky

Thanks ever so much for everyones encouragement.

Ive contacted the national debt line who said to send a letter of complaint via recorded delivery and that First Response have 8 weeks to respond.

After reading Markiemark1's post I am now very interested in going for the trespass damages too. At least adding to the claim would help for when they make me an offer for under what I asked.

I am going to spend the weekend writing my first letter to First Response. Need to do alot of research coz I dont know what to put in the letter and I need it done properly.

Just a thought but if I sent a letter before action would that give them less time to respond? Or do they still have 8 weeks?

Am away to bed now but ill be back tomoz if anyone can give me any advice on where to start the claim that would be great.

Thanks for everyones support tonight, I was scared and nervous when the recovery van turned up but use gave me the confidence to deal with the situation. Thankyou xxx

Hi Again,

Upon further reading on the letter that the collector gave us, it clearly states that we have paid £2725.92, and that our contract thirds are paid, so it looks like we are in the clear.

What we need to know now is, where do we go from here, what letters to send and where to send them etc, I don't know where to begin?

Many Thanks

Section From Agreement -

Reposession Your Rights

"If you do not keep your side of this agreement but you have paid at least one third of the total amount payable under this agreement, that is £2398.51 we may not take back the goods against your wishes unless we get a court order. (In Scotland we may need to get a court order at any time) If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement."

Yes it does. The agreement states very clearly how much we should of paid for all money to be returned should the car be repossesed without our consent. And we have paid the amount stated!

Found the agreement

Okay they have been ang go with the car and we signed nothing. We also still have the V5 for the car as we couldnt find it when they arrived.

The agreement that they wanted us to sign I took off the man and photocopied for my own records.

The man kept saying that if we signed the letter it would then terminate the agreement with First Response (HP company) but thats already happend going by last weeks letter from the Hp company.

**** they are here!! Okay am going to find out who the cowboys are let them take the car and sign nothing

Thanks for everyones help.

With regards to the car we cant afford to get it fixed so in a way them taking it is a slightly good thing.

If we can claim any money back too then that would be good coz even when the car goes there is still a balance of £4k on the car that will need paid.

Can someone talk me through what I should be doing when they arrive for the car? Going on the assumtion that I will be handing it back and hoping to reclaim money paid.

Hi,

The car cant be moved out the driveway as the powersteering pump went and the car failed its MOT due to this. There for the car has been sat in the drive for months and the battery has gone dead.

I cant find the agreement anywhere grrrrrrrr! However I have checked my credit report online which states that I have made 14 payments and confirms that the HP is over 48 months.

The finance is with First Response and they sent a letter last week saying that as we have failed on our payments the agreement is now terminated and we must return the car. The letter then says that if we do not make the vehicle available for them from our home address then they will raise court proceedings against us.

My husband lost his job just before xmas and for the life of him he cant find work. We struggled but managed to pay for the car in the first month or 2 after he lost his job but have failed to keep up the repayments due to having no income (my husband hasnt even signed on the dole so we are living off tax credits and a tiny college bursary).

I dont know who the debt collectors are either. I told them I was a babysitter in the hope of getting rid of them so they didnt tell me much. However they did say that they have travelled over from Glasgow (about an hrs drive away from where we live). They came with a recovery truck but I didnt see any business name on it, but I wasnt really looking to much at the truck either.

Okay so here is the story.

Took out HP over 48months paid 14 months of HP and now 3 months in arrears.

A recovery truck just turned up at the house demanding to speak with my husband. I advised that he was out with his wife and that I was nothing more than a babysitter (little fib I am the wife but wasnt up for speaking to them with no notice!). The debt collection men said that they would sit outside my property until my husband came home.

So I closed the front door and phoned my husband to tell him what was happening at home. He said to tell them to come back at about 10.30 tonight when hopefully the neighbours wouldnt be looking and to give him time to get home and empty the car.

So I passed this message onto debt collectors and they left saying they will be back at 10.30 tonight for the car.

What I need to know is, are they allowed to turn up with no notice and just take the vehicle from my driveway?

Any help would be much appreciated.

Does anyone have any ideas on whether Experian and Welcome are allowed to refuse to mark the balance as satisfied on my credit report?

Thanks

:evil:Am going out my mind with this. Am I missing something coz I thought a Sheiffs dismissal was quite self explanitary?!

So I emailed Experian to get Welcomes debt marked as satisfied. Heres the email that I sent -

Hi,

My credit report is holding inaccurate infomation relating to entry number ** on my credit report. The creditor is Welcome Financial. This debt was dismissed at court last year with no money to be due hereon with effect from the 24th of September 2007. Clearly Welcome are still tampering with my credit report when they shouldnt be. I have asked Welcome to remove themselves from my report and mark the balance as satisfied but they have refused to do so. I am now asking you to do this for them? I am sure you are fully aware a Sheriffs desicion cannot be over ruled by a creditor or a credit reference company and refusal to give accurate details on my credit report is enough grounds for me to sue both yourself and the creditor. Please could you update my credit report immediatly as balance satisfied and remove all negative entry from September 2007 as they should of stopped tampering with my report at that time.

I have scanned a copy of the court dismissal letter and attached it for you to this email. The dismissal letter also includes the case reference number so you can phone Dunfermline Sheriff court for confirmation if you need to and take this email as written permission to do so.

If you need to contact me my house number is ****** and my mobile number is ******. Could you also reply to this email with a full explanation of actions taken to resolve this matter. Thankyou.

And this is there response -

Thank you for your email, which we received on 28 November 2008.

I note your concerns, but would explain that the debt that led to the court decree also appears on your credit report under the credit account section. Both entries are necessary: a decree shows that the case was taken to court and the credit account entry shows how the debt was handled before it went to court.

In this instance the decree was dismissed and does not show on your report, however, the credit account entry will remain.

If you feel that this account requires further investigation, however, please let me know providing as much background information as you can and I will query the account on your behalf with the company concerned.

Kind regards

We have phoned Experian aswell and they say that they will ask Welcome for permission to update our credit report to satisfied and Welcome have 28 days to respond. Lets be honest though, Welcome just told us last week that they wouldnt amend the credit file so they will most likely tell Experian the same.

Can Experian still allow Welcome to update our credit report after a courts dismissal?

Am totaly beat by all this and dont know what to do now. Does anyone have any suggestions? Really need this sorted out fast as its costing us money every month on private rent and we cant buy our house till this is sorted.

Just sent an email to experian asking them to remove all negative entries from Welcome from Sept 2007and mark as balance satisfied. I also reminded them that refusing to give accurate details on my credit report is enough grounds for me to sue the creditor and them. Ive asked for them to update my credit report immediatly and respond to my email with a full explanation of what actions they have taken to resolve this matter. Hopefully ill hear back within the week, Experian are usualy quite quick at dealing with emails. I also scanned the court dismissal letter and attached it to the email and gave permission for them to phone the court and confirm the attachment if they need to.

Thankyou for your response. We did phone Experian but they told us to get in touch with Welcome but I think writing to Experian and enclosing the dismissal letter is the only thing left to do.

Did you get your credit report updated to balance satisfied?

Hi all,

Been a long time since ive posted on here so dont know if anyone will get this message.

To save time on reading the whole thread ill give a quick run down. We CCA'd Welcome and they didnt provide us with the docs that we asked for. Welcome then took us to court and later dropped the case and the court dismissed the case claiming no money to be due by either party for here on in. Well all this was 1 year ago. Since then Welcome has been passing the debt around (yes the one that a judge said no more money due to) and they are still updating the credit report.

The problem that we are having is this debt was dismissed at court and Welcome refuse to update the credit file to balance satisfied. We have sent the letter of dismissal from the court to Welcome complaints department but they still refuse to amend the credit file. What should we do now?

The letter of dismissal from the court reads-

"The Sheriff dismissed the action against the defender and found no expenses due to or by either party. This extract is warrant for all lawful execution thereon."