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raccoonboy

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Everything posted by raccoonboy

  1. Thanks cerberusalert. To clarify though; what legally determines whether I'm resident in the UK or not? I'm not living there but haven't yet been issued full residency abroad.
  2. Ok, I've just had a letter from the DCA to my P.O. Box address in New Zealand stating that they intend to commence legal proceedings against me. What is the point of this threat? How can they commence legal proceedings against me in another country? How can they issue a CCJ when they've acknowledged my NZ address by sending my mail there?
  3. Ok the letters are off to the DCA, hopefully it works. Another question on the same subject though.... My parents sent a letter to the DCA assuring them I no longer live at their address. But what if I WAS still at that address? Would the DCA then stop trying to contact me? That seems too easy. Presumably the only way to confirm I'm at a new address is for the DCA to contact me there, and for me to confirm the receipt of their letter. Otherwise it seems like it would be an easy trick for people to use to get out of their debts.
  4. Well guys thought I'd let you know what happened with this. The garage did not submit any defence to the summons by the return day, and the court granted decree in my favour. I am now pursuing a full refund from the garage with the law on my side
  5. Thanks for the help. What is making me furious is that they are hassling my parents, and my parents are a lot less relaxed about it than me. They have visions of bailiffs smashing down the door and siezing their property. I've explained to them that nothing of the sort will happen, but it is not right for them to worry when it's not their responsibility. I will send off the registered letter to the DCA and make it clear that the authorities will be involved if they don't stop.
  6. Ok, hope someone can help. I have debt in the UK. Specifically, a debt which I challenged with a CCA dispute. I stopped paying any bills when the CCA they sent was unenforcable, and told the creditor what I was doing. Didn't hear anything for a while. I now live in New Zealand. I have DCAs chasing me at my old address in the UK (my parents live there). My concern is that a CCJ will show up, to my old address which could potentially cause grief to my folks if bailiffs get involved. I have tried to notify the creditor of my new address in New Zealand, and they responded by telling me that since they only provide credit to UK residents with a UK address, they were unable to change my contact details. I'm happy for the DCAs to hassle me in NZ but I don't want them hassling my parents in the UK. How do I go about 'removing myself' from my old address? Presumably they don't want to acknowledge that I live in a different country now, since their debt recovery becomes a lot more troublesome. Thanks for any help.
  7. Picked it up late February, have a receipt from the AA for when it broke down mid March. Light usage to and from work. The mileage was low but can't be verified. There's no disputing the fact that they gave me a dodgy engine and/or didn't do the work correctly. Proving that is a different matter as I'm finding out.
  8. Yes and I had agreed for them to come and tow it at my expense. However due to the attitude they took and their denial of any responsibility for an engine failing that they had installed less than a month ago, combined with their total lack of interest made me realise I didn't want anything to do with them which is why I took the car elsewhere. Remember at this point, I had no idea it was gasket failure, I was under the impression it was a cheap sensor problem. When I found out it was the gasket, I gave them a chance to repair the vehicle but they refused to do it for free. That's why I involved the court.
  9. So where do I stand considering the fact that I repeatedly requested that they tow the car, but they kept saying 'this week' 'next week' 'in a few days' etc. for several months? Basically I got sick of their crap and had no choice but to go elsewhere.
  10. I've given them an opportunity to rectify the problem and as described, they fobbed me off initially then offered to fix it half price. Not good enough, that's why I raised the issue with the court. I can't afford to go and get this fixed at another garage then bill them (and risk not even getting that money back) so I'm taking them to court for a refund of what I paid. So instead of having a receipt from another garage for gasket replacement, I'd have a damage assesment and a quote for the repair. In your previous post you imply that this wouldn't be enough, that the original garage could dispute it etc....?
  11. So what you're saying is that it's literally that easy for a garage to supply and fit a duff engine and get away with it?
  12. Well when I gave up on the garage that did the work due to them fobbing me off, I took it to another garage in May who diagnosed the leaking gaskets. So if they can give me some sort of confirmation of their inspection that'll be good enough right?
  13. Ok so this is going to court. The car is still out of action and I'm probably scrapping it. I just want my money back for the initial work. What's it like in a court for a small claim like this? Is it informal etc, how many people are likely to be present? Also, can I take signed statements from witnesses to help my case? Such as a letter from a friend or family member confirming my story to be true? Thanks.
  14. Well I got a reply, and it's as expected. 'We don't owe you anything, you agreed to the terms blah blah blah excuses excuses'. What's the next step? Send them another demanding letter? Do I go to the FOS yet? Cheers.
  15. Ok so let's say, 24 months ago the sum of £121.53 would accrue interest at 8% p.a. which is 8% of 121.53 * 2 (24 months) which equals £19.44 is that correct?
  16. What's the standard rate of interest one can claim back on this sort of thing? PPI was paid monthly at £121.53. If, say, I want to claim the interest on each consecutive month over 2 years, what is the monthly interest accrued on that sum which you are entitled to claim back?
  17. I've got the receipt detailing everything they replaced. I have a document from the AA that I got when I had to call them out the next month. I have the majority of the emails between the garage and myself, particularly the ones where I had tried to get them to collect the car over the course of several weeks. One of their arguments is that I didn't return the car to them straight away, but continued to drive it for months which furthered the damage. Actually, I tried to get them to come and tow it while it sat not being used for months, as it wouldn't start. I'm definitely taking this to the courts, I just wanted to know what to expect if they won their defence.
  18. Ok so I've been through the system, getting in touch with Trading Standards etc. Have sent the garage a letter informing of my intended court action, to which they have replied they intend to defend my claim. Additionally, they said that they will pursue their costs in making their defence. Can they do this? If they were to win the claim, would I have to pay their fees? How does that work?
  19. Nice one, cheers. I'll post their excuse when I get it
  20. Ok, here's the general text of the letter I intend to send off to them. Thanks to others on here (reidnet, Paintball and Pompeyfaith) for all the bits I've copied If anyone can suggest amendments or additions then please do so. Date My name Adress etc etc Dear Sir/Madam I believe I have been mis-sold a Payment Protection Insurance policy and would like to request a full refund of my Payment Protection Insurance premiums, plus interest paid. I took out a £31,500 loan with Black Horse LTD on (date) and also bought a payment protection policy which would cost me an extra £14,583.60 over the life of the loan. The total amount of my Payment Protection Insurance premiums plus interest is £(yet to calculate). I have been mis-sold this Payment Protection Insurance policy for the following reasons:- 1. I am due to retire during the loan repayment period, therefore my employment circumstances will change. I was not asked about this when I took out the loan, nor is this mentioned anywhere in the agreement documentation. 2. I was told that I had to take the Payment Protection Insurance at the same time as the loan or not at all. 3. I was not asked whether I had any other insurance which would cover the loan. 4. I was not told I could buy Payment Protection Insurance elsewhere to cover the loan. 5. I was told that I would stand more chance of getting the loan if I took the Payment Protection Insurance. 6. I was pressured into buying the Payment Protection Insurance. 7. I paid upfront for the Payment Protection Insurance (in the form of extra credit added to the loan agreement) but it was not explained to me that there were some Payment Protection Insurance policies where I could pay monthly. 8. It was not fully explained to me how my repayments would be affected if I cancelled the Payment Protection Insurance part-way through the loan period. (I intend to insert here details about their weird PPI cancellation fees/repayment amounts, none of which were explained fully on the loan documents) All of the above points are clear breaches of both FSA regulations and guidelines and the Banking Code of Practice provided to the financial services industry. As a respected financial organisation, you will have been quite aware of these regulations and this makes your organisation's action even more serious. It is poor business practice to say the least. In taking out a loan with Black Horse, I reserved the right as your customer to receive appropriate information to enable me to take out an insurance product that suited my demands and needs. Black Horse had an obligation to me the borrower, to provide sufficient and appropriate information to enable me to make an informed decision as to the suitability of both the loan and the Payment Protection Insurance to meet my needs and financial circumstances. I should also have been made aware of alternative options available, or comparative costs of similar PPI products from other suppliers, which information as a well known financial institution you would most certainly have had access to. At no point did I receive any such information, either by letter, document or telephone call which followed the above guideline. The documents that you provided me with do not contain any of the information that I have outlined above and cannot, therefore, be deemed as meeting the standard of care which you should have provided. I assert that I have been deprived of the right to choose PPI when taking out the loan, and that you have taken advantage of my lack of knowledge. I reposed absolute trust in your ability as a respected financial institution to provide a reasonable level of care and skill in ensuring that my best interests were met when taking out a financial product with your organisation. This has not been the case and I am extremely disappointed. I would remind you that the Financial Services Authority takes the mis-selling of PPI extremely seriously. You will be aware that recent investigations by both the FSA and the Competition Commission have found that lenders continue to engage in "poor sales practices". I request the return of (amount I have yet to calculate) within 14 days of receipt of this letter by you. If you do not comply with my request, I will have no option but to escalate my claim to the Financial Ombudsman Service, who in many cases have imposed large fines on financial institutions who are in breach of regulations. I trust that you will treat this matter with due haste and diligence. Yours Sincerely, Me.
  21. Yes, it was pre-filled in by them as per the telephone conversation. As you say, even if this is wrong of them, it still doesn't address the retirement issue so it looks bleak on their part. Thanks for your help, sounds promising that my parents will get back what they deserve. I'd love to see their delight when that happens Talk to you soon. Any more info you need for me just let me know, I'll be on here pretty much all day from now on. Regards.
  22. Ok here we go. The full page of the copy of the agreement is here: You can see that the loan amount is £31,500 repayable over a total of 122 months. The total charge for credit is £13,238.40 leaving a total payable of £44,738.40 Now the PPI is sold for £10,267.65 as a lump sum at the beginning of the loan. But this is sold as credit, with an interest rate of 0.597% per month over 122 months, meaning that there is a charge for the PPI of £4,315. The PPI adds up to £121.53 per month. My parents spoke to Black Horse about cancelling the PPI, to which they replied with the following letter: They would be paying £89.13 less per month with no PPI instead of £121.53 less, so obviously they would still be paying for the PPI since the beginning of the loan up until the cancellation date, and the interest accrued up to that point... or something. Anyway, here's page 2 of the agreement: Now 2 points to mention here; at no point were my parents asked about their retirement. They are both currently employed but they will both be retiring in the next couple of years, at which point the agreement will be less than half way through. There is no mention of this anywhere on the agreement. Secondly, they WERE pressured into believing that they would have a much better chance of being accepted if they took out the PPI, in fact the seller implied that it was almost compulsory. However, it does state on the agreement that the PPI is optional. If you can give me some feedback on exactly how to approach cancelling the PPI completely, getting the money refunded and on what grounds to do this it would be much appreciated. p.s. it's a secured loan so I don't want to go losing them their house Thanks everyone!
  23. Great, thanks for the help. Are there grounds for claiming this money back? What are these grounds? As you can see from the agreement above, the PPI was basically sold as a loan on top of the original loan, with interest accrued monthly. Can they do this? What, legally, would entitle my parents to claim back what has been paid out on this loan? They were as I said pressured into agreeing to it, but there is no evidence of this. The date on the above document is May 2007. Thanks again.
  24. Hi everybody. I'm trying to help my parents here, they're snowed under with debt from one of these Black Horse loans, and mainly the PPI which as you can see from the loan agreement below, adds up to a fair whack. The PPI has basically been sold as a loan on top of the main loan, and interest is being charged on it. Is this fair? Do you think it can be cancelled and claimed back? Any advice you knowledgable people can give would be hugely appreciated, I'd love to see my parents able to breathe easy for once... Thanks a lot. p.s. when they were sold the loan, they were given the impression that the loan would only be available if they took out the PPI, although obviously this isn't on paper anywhere...
  25. New engine.... now the car doesn't start..... sounds exactly like my problem . But yeh I'd try changing the plugs.
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