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About cyril1982

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  1. regarding a time order, i thought you could only apply for a time order in defence of a creditors attempt to seek a court otder for return of the goods. since it appears that 1/3rd hasn'r been paid the creditor wont be seeking a court order.
  2. not sure if balifs can seize a disabled persons vehicle, even if owned by the disabled person in question, you'd imagine not but i'm not sure, maybe someone else knows better. what i do know though is that baliffs cant seize other peoples property to settle a debtors liability, as motability vehicles are essentially hired vehicles that means the vehicle belongs to someone else (motability) its the same if you have finance or HP on a vehicle, they cant touch it. if a baliff does try to seize the car what you should do is report it to the owner of the vehicle, in this case motability,
  3. although unlike regulated agreements there is no set timeframes for default notices etc the company have to act fairly and reasonably or risk breaching the unfair terms in consumer contracts act. How far behind were you with the monthly repayments? or was it just a case that you couldn't pay the balloon? if so how overdue was the balloon?
  4. i can see how your thinking, that they would have just taken a sperate debit card payment by phone or something to cover the single premium but thats now how they say it works, they say it replaces your first finance payment and then they simply add an extra finance payment to the back of your agreement.
  5. thats not how it worked, as i said above, the finance agreement makes absolutely no mention of GAP insurance and there was no box to tick, it was not sold at the time of taking out the finance agreement. i know that GAP often is/was sold at the time of buying the car by the dealer but not in this case. All i took out at the time of buying the vehicle and signing the finance agreement was a straight finance agreement with no insurances, this fact has already been confirmed with the finance company, there is no dispute in relation to that. what then happened is i got a phone call abou
  6. i havent had time to scan it, minus all personal info, and upload it. what is is it in the agreement you want to check? if its anything to do with the GAP insurance it isn't in there as it doesn't form part of the fianance agreement.
  7. since the agreement was unregulated by the CCA i suggest you take a read over the unfair terms in consumer contracts regulations, here is a link ..... http://www.legislation.gov.uk/uksi/1999/2083/contents/made take a look at shedule 2 at the bottom, it is a non exustive list of terms and actions that might be deemed unfair. if non apply take a thourough read over the rest of the regulations see if you think you may have a case to argue under these regulations. may also be worth contacting your local trading standards if you think the car dealer acted innapropriately. best o
  8. it doesnt work like that, the premium for the gap insurance policy is a single lump sum premium, equal to one months finance payment. if you agree to the gap then this payment is taken in place of your first finance payment and the finance payment is then deffered meaning an extra finance payment is added to the back end of your agreement. that is what the finance company say happened, however they dont seem, at least from what i can determine, to be able to prove the policy's existence and the finance company and insurance company both say they never received a penny claiming the other
  9. well, the deposit definately does count, i paid a reasonably large deposit in relation to my agreement, thankfully the finance company are not trying to dispute that fact. regarding the 1/3rd this is a dispute that has been running a long time, the short answer is i had paid the finance company in excess of £600 more than the 1/3rd over the time i had the agreement, they disputed that i was over one third claiming i had a gap policy which replaced the first finance payment i made, then that i had incured charges on the account which left me slightly below. the gap policy i am disput
  10. its looking more likely that i will pursuing them for a breach of contract under section 140A of the consumer credit act as i have internal notes obtained in relation to a SAR which show discussuions between staff where they are instructing one another not to attempt any payment on the account and not to notify me if i don't realise then if i fall behind they can terminate and repo, this is going on for three months before their plan actually works and i forget to ring in a payment after them repeatedly failing to send out a direct debit mandate. it is stated several times that they want
  11. i think it might be worth stating at this point that the the title of this thread shoul not be read as "how much can i screw the finance company for" but "what should i be asking for" because i have to write to them detailing my complaint and the eviedence i have and asking for the compny to take action to rectify their breaches (and there are several contractual breaches, not all of them explained in this thread). i was asking the question just to get some indicators but i'm going to sit down with a solicitor in the next week or so to get some real professional legal advice.
  12. if the fact that i took exception to gaston's crude description of any money i may recover in relation to this reposession as a "windfall" and that i took offense at his implication that in the event of my recovering all sums paid i should be grateful at the prospect of having effectively diddled the finance company into providing me with a "free vehicle" when in actual fact even if i did get all sums returned i would still be thousands of pounds out of pocket due to the fact that the vehicle was essential to my job and therefore i lost my job upon the unlawful repossession taking place, if th
  13. having thought about this i may consider pursuing for failure to comply with section 87, i wasnt in any monthly arrears at the time of reposession, only the most recent payment was two weeks or so overdue and i can prove that this is because the firm repeatedly did not attempt payment in the hope i would go behind, which i didnt the first two months, but they quite clearly conspired to breach our contract. what damages are recoverable for such a breach? anyone know
  14. no, what i'm saying is that they said some of my payments included charges, which they did, however even with those i had still paid 1/3rd, so they claimed to have lost my original agreement and then altered the level of agreed charges to make them chargable at higher rate then they lied about how much i had been charged, its this that i can now prove. i got a default notice in the post the morning that the guys turned up to repo the vehicle, it was dated around two weeks before the date it arrived, i suspect deliberately posted out late given the notes on the account. termination notice
  15. because when it first happened i didn't have the all of the eviedence i do today, and the company tried to exploit that. sure i had bank statements that showed that i had paid way in excess of one third, some £600 in excess but the finance company disputed this saying that £171 was gap insurance and a little more than the remaining £440 was financial penalties,mainly for paying late during the three months they were not trying to take payment, so basically not taking the payment, then when i realised and rang with payment, blaming it on a error on my side and charging me late payment cha
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