Nothing much to say about this, we haven't heard nothing from them after the first Letter Before Action. We'll send another LBA and see how it goes. The car is not mine and I merely helping someone, but it looks like she will have to issue a court claim and let the judge decide. If anyone wants to help us build a case (if we have one) we can pay for their expertise.

Well its over now, I offered a F+F and they accepted it. Basically I agreed to pay the repo fee plus the documentation release fee and they wrote off the rest (Interest fees, late charges etc).

Ok thanks that makes sense, I should have mentioned I still got the goods, sorry for the confusion. So are they wrong to charge the repo fee given the fact no repossession took place. And the other fact they had no legal right to repossess anyways.

I mentioned it earlier "Agreement contined its course". Why would I make a further 3 payments if they did take the goods.... Obviously i would not. I thought it was obvious they didn't collect the goods....

Thanks dx It's a trailer not a car, but I guess same agreement. They did try to repo the goods, I wasn't there at the time so they just left, but if they had access they probably would of taken it. I am happy to keep the goods, I just want them to remove the charges and give me the ownership/paperwork. How did you get £1,525.81? According to my calcs, I am only getting £1408.90... 25/10/2016 Cheque - NO FEE 226.50 25/11/2016 Direct Debit (UK) 258.95 25/01/2017 Direct Debit (UK) 83.95 31/01/2017 Direct Debit (UK) 83.95 27/02/2017 Direct Debit (UK) 93.95 27/02/2017 Direct Debit (UK) 83.95 27/03/2017 Direct Debit (UK) 83.95 22/05/2017 Credit/debit card 96.01 25/05/2017 Direct Debit (UK) 83.95 26/06/2017 Direct Debit (UK) 83.95 16/08/2017 Credit/debit card 94.85 13/09/2017 Credit/debit card 83.95 18/10/2017 Credit/debit card 83.95 1 x 226.50 = 226.50 1 x 258.95 = 258.95 11 x £83.95 = £923.45 (Letter charges & Penalty Interest omitted) TOTAL = £1408.90 Thanks for the help

Sorry for the confusion, the first list I omitted the charges added on for clarity, the second list is the exact payment made. This is the complete data, thanks acc.pdf

thanks dx, here are the payments leading upto the default. 25/10/2016 Cheque NO FEE £226.50 25/11/2016 Direct Debit (UK) 258.95 25/01/2017 Direct Debit (UK) 83.95 31/01/2017 Direct Debit (UK) 83.95 27/02/2017 Direct Debit (UK) 83.95 27/02/2017 Direct Debit (UK) 93.95 27/03/2017 Direct Debit (UK) 83.95 22/05/2017 Credit/debit card 96.01 25/05/2017 Direct Debit (UK) 83.95 26/06/2017 Direct Debit (UK) 83.95 16/08/2017 Credit/debit card 94.85 13/09/2017 Credit/debit card 83.95 18/10/2017 Credit/debit card 83.95 24/01/2018 Credit/debit card 283.45 thanks Date of DN: 29/11/2017

thanks dx pcf.pdf

Well I paid this: Advance Payment £226.50 (Deposit???) Direct Debit £258.95 (£175 Admin Fee??? + £83.95 monthly payment) Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Direct Debit £83.95 Total amount paid upto date of DN. £1408.90 thanks Minus the admin 175 fee, I paid £1233.90, so if advanced payment included then yes I was just pass the £1,199.57.

Repossession - Your rights If you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is £1,199.57 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 that you have paid under this agreement HP Cost - £2718.00 Interest - £530.70 Administation Fee (DD) - £175.00 Title Transfer Fee - £175.00 Total Amount Payable - £3598.70 (3598.70 / 3 = 1199.57) So it appears that charges are infact included in the 1/3 rule. It all started when I fell behind on payments, I missed 2 monthly payments and they issued a DN. I was unable to meet the DN payment deadline and then missed a further 2 more payments after the default. I then made 3 lump payments to cover the arrears and the agreement continued its course. During this time they sent agents to repossess the goods. They applied this charge of £300 2 weeks after I made the lump payment. Now I have paid them £3500 in total to date, but now with the late charges, interest and other fees they have amassed to a further £700+ Thanks for any help

Nope, I did not agree.

No dx, its the PCF one. The charge (£300+) they added was for "recovery costs" to repossess the goods, but when they charged this I was well over the 1/3 payments made, my argument will be how can they charge this when they could not repossess goods without a court order (which they did not have). Do I have a good argument? Cheers

Thank you for the help

Hi, looking for some clarity with regards to the 1/3 rule of payments, i.e. a finance company cant repossess (without a court order) if you have paid 1/3 of the agreement. But does ALL money paid contribute towards the 1/3 rule? i.e. Initial Deposit/Admin fees or other charges etc or is it just the monthly repayments only contribute to the 1/3 rule. Thanks

Thanks for the help So do I have a strong argument that the agreement is still valid (thus VT remains valid) or do I go down the unfair agreement route as EssCee suggests? They are obviously not budging so I guess now the only way is by taking legal action.