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Everything posted by traceyb71

  1. I'm just now having same problem with a camper can sold ten years ago, can you share the template letter you refer to?
  2. No we don't have anything, all the docs went to the new owner, the vehicle was sold over 10 years ago and that's the bugbear, if it was still registered to my husband surely we would have received something from DVLA (tax reminder, new V5C) during the last ten years.
  3. My husband sold a tax exempt VW campervan in September 2003, sent off the registration slip as is required at the time. A couple if weeks ago he received a letter saying they were incurring a penalty notice as he didn't notify them of a change of owner, which of course he did. We sent a letter explaining when it was sold but due to the length of time that's passed we no longer had details if the new owners details other than the eBay users name and the date. We've now received another letter saying "although you have indicated you are no longer the keeper if the vehicle the department has not received notification of this. When the dept is advised that the keeper of the vehicle has changed we send an acknowledgment letter within four weeks of notification. It is a matter for you to pursue this letter. Details of this process can be found on the V5C." I need to respond to them by letter, however, at the time vehicle was sold it was just a V5, so to whom did they send out the new blue V5C to, at the time it was sold it was also SORN registered, we have never received the tax/SORN reminder for this vehicle, if it was registered in my husbands name still surely we would have received the reminder? Can anyone advise how I should respond to them?
  4. Dear All, update, SUCCESS!! Call today from chap at FRADS to say that RCI have accepted my proposal for payment, however, it does remain to be seen (when I get the letter) about how they intend to handle the discrepency of £300 or whatever it was as the figure they provided me with was in fact incorrect as pointed out by FRADS! Of course my proposal was set out on the figure that they had provided me with, if therefore they have accepted my proposal, then this would indicate that they have not 'added' on the amount they failed to inform me about. Common sense prevailed, now all this could have been avoided if they had simply been prepared to discuss this with me over the phone!! A massive thanks to everyone for their advice and support. Glad it's all over now and I can get back to normal. Tracey.x
  5. Dear All, sorry, I meant to come on here to update one and all but have been mega busy, anyway, here's what has happened. Chap from FRADS called me as promised on Monday evening, I said I had not refinanced as I was not prepared to increase debt further and I was also not willing to voluntarily surrender vehicle, therefore, they could take me to Court. I have to say he was rather taken aback, he tried to tell me that the solicitors fees could run into thousands of pounds and asked if I was prepared for that or if the 'advice' I had been given had informed me of that. I advised him that I did actually work for solicitors and was well aware of their extortionate costs, however, as I was willing to make the payments WITHIN the original term of the agreement (i.e. only 8mths left to run), I doubted very much that this would even get to the hearing stage thus the costs were practically non existent!! I got the impression that he was rather shocked that I had done my homework on this matter. I said that a Judge would clearly see this was not a case for a repossession and whilst he may make a ROG order, it was inevitable he would suspend the same and the payments would continue as set out in my proposal to RCI. Anyway, when he realised I was probably right, having read to him the fax to RCI which was also sent via recorded delivery, he said he would put in his 'report' and recommend that this is not taken to Court for the above reasons. I have to say at this juncture, he has been fab!! Anyway, he called me as promised on Tuesday evening to tell me that he had put his report in and RCI had not come back to him with a 'no', they were considering the proposal. A text from him today to tell me that RCI have informed him that they will have a decision by next Tuesday, in the meantime, I said I wanted to pay the first payment today, 26th, as this was what I had proposed to RCI, he provided me with the relevant details as I was at work and asked that I give him the payment authorisation code when received so he had this to hand for his discussions with RCI. I have, after several failed attempts via their website, managed to submit the first payment to RCI. Chap from FRADS seems to be quite hopeful that this proposal will be agreed by them. Ooohh, by the way, another thing which happened when he called me first of all was that RCI had in fact provided me with a completely wrong amount, they had told me it was £2985 odd pence or thereabouts but they had informed FRADS that it was in fact about £350 more than that, this he said would also go in my favour and he would put that in his report. So, there we are, still in limbo a bit but will know by next Tuesday. I decided not to apply for a Time Order purely as I didn't think it would make any difference to the outcome of this case and furthermore, it meant a Court fee of £70 I believe that I can ill afford. Of course RCI could still insist on being complete t***ers about this and refuse which would inevitably mean I have to go to Court anyway but I am keeping my fingers crossed. Thank you to everyone so far, will keep you posted. Tracey.x
  6. P.S. Fighting Bull, found a copy of the original agreement but is only a very poor photocopy, goodness only knows where the actual original one has gone!
  7. Thanks Ell-enn, for the normal 'lay person' common sense prevails but we are dealing with idiots to my mind!! Anyone have any ideas/templates for a letter to the Court/Judge when I return the forms that will inevitably come in the next 2 or 3 weeks, I really want to get the point across that a) I am willing to pay, b) I did not receive the Default Notice (despite them saying they sent it!), c) they never wrote to me as stated in their repudiation letter, d) 8 months remaining on the term of the agreement and only 2 missed payments!! Really want to get the point across that I have offered payments which they have refused. What worries me is that they will argue that they tried to contact me, which of course they did, but I'd get the message then mean to call, get in from work at 6pm, deal with the kids, taxi the kids here there and everywhere then forget to do it or realise too late to call them, excuses yes, should have made it a priority, certainly, it can be seen from previous posts (and they have this in their records) that I believed the matter to be done and dusted!! Anyway, thoughts/input on ideas for defence letter much appreciated. As always, most grateful to all have posted on here and made me see there is light at the end of the tunnel.
  8. ok, I will try and upload the agreement later on this evening, am at work at the moment, back on tonight. If one thinks about it sensibly, it is clear that there is very little time remaining on the agreement in any event, having paid just over 4yrs on a 5yr term, I'm sure as I am offering payment a Judge would no doubt advise them to accept but if I am wrong please correct me?
  9. P.S. Another concern is that this chap from FRADS has only given me until next Monday evening, when he will call me back, to either come up with the cash or VS before he informs RCI to go to Court, if I write to them giving them 14 days to reply to my letter (on previous post) before I make an application for a Time Order, when they hear from FRADS they will no doubt simply submit their application anyway, thus, they will have their application in before the 14 days I have specified!! To this end, is it simply not better to just wait for the Court papers and complete the forms offering payment then?
  10. Stress stress stress! Honestly, if I had the funds to buy another little car I would VS the financed one and get rid of the stress at the same time, that's not an option so just got to deal with it. I will send them another letter today, however, what concerns me is that when I did speak to them on Tuesday evening, they just kept reiterating that they had repudiated the agreement and once they had done that they wouldn't reinstate it. This does cause concern as if I try to make a payment on 26th May they are just not going to accept it. I don't know how to find out their bank details to do it as a transfer?
  11. So, do you think it is actually worth sending a further letter to them tomorrow informing them that if they fail to respond to my letter of today within say 14 days I shall be making an application to the Court for a time order. Also, do I apply to my local court or theirs which would be watford, mine is about an hour's drive away from there so will be difficult to get over just to submit an application?
  12. Thanks, am going to look this up now. Can I apply for a time order before they put in their application?
  13. Thank you, doesn't sound that promising now somehow!! I will read up on the time order you mention later on this evening, I do recall seeing something about this on DirectGov.uk earlier on today but to be honest I didn't pay much attention to it because I was specifically looking for a Return of Goods Order which is what RCI told me it would be. Thanks, I shall be back on later.
  14. Yes, I think their chances of success are small but you never know, I work for a firm of solicitors and we all know that the judgement made by a Judge depends on what mood they are in on that day!! I just hope I get a reply soon to my letter I sent them today. Stubborn buggers!! I am however going to retrieve the original agreement from the 'abyss' of the file box later on this evening though and go through it with a fine toothed comb. The annoying part is I could get free advice from work about it but it's not really what you want to go to them for is it!?!?!?
  15. Thanks, it's such a relief to know that is what others think too, the chap at the helpline place I called this morning seemed to think the Judge would advise them to accept my offer of payment. However, I do wonder somewhat as when I went onto the DirectGov.uk website and read their advise on return of goods they state that when I return the form offering payment, the Court will then forward to the Claimant (RCI) and 'if they agree' the matter ends there but 'if they don't agree' then it goes to a hearing so I do wonder whether the Judge can make them see sense. RCI have basically told me last night that once they repudiate the agreement 'there's no way it can be put back in place' so I am slightly confused about whether or not a Judge can in fact say to them, look this lady is willing to pay, you must accept the repayment plan!!
  16. Thanks, to save me regugitating the same stuff, see the letter sent to them in italics on one of the above posts, at the time I discussed the arrears with them they would not set up a payment plan as such, they did reinstate the DD for the regular amount and it was my understanding that the arrears would be paid when finances improved. At no point in that conversation was I advised about a default or anything else. In the letter I got from them on 13.04.11, I didn't know what they meant but they stated they would write to me about it so I waited for a letter which never arrived. It was then I wrote to them which they, unsurprisingly, are saying they never got. When I called them last night they said they had sent me a default notice, I swear to god I never did, there's no way I would have let it get to this situation had I had that notice they allege to have sent me!! In any event, the arrears were there, but as I said, from my conversation with them this to my mind was agreed that about May/June time the DD payments could be increased which I am now offering to. I will dig out the agreement later and check what type it was. I really hope it doesn't get to Court, the letter (referred to above in italics) is AGAIN offering payments to clear the remaining balance within the original agreement, namely 60mths, I am also asking them if they will agree to using a mediation service. If I have to go to Court to defend it means taking another day off work, annual leave I might add I will need to use if I have to give the car back, in order to look after young daughter as won't be able to get her the 8.4 miles to my mum who looks after her in the school holidays, they WILL NOT listen to reason, it is black and white, they are not using common sense as a judgement. At the end of the day they are going to get their sodding money from me as I am not saying I won't pay, quite the opposite. Your offer of assistance for a defence is very much appreciated by the way, thank you so much. In desperation I have even gone to webuyanycar.com, I'm sorry, I am not going to sell them my car for way way less than I know it is worth - would rather take my chances in front of a Judge!! By the way, the chappie from FRADS who RCI have instructed to a) get me to voluntarily relinquish my car, b) obtain full settlement or c) take me to Court, was fab! He himself couldn't quite believe that I am offering to pay and they are not willing to accept, still, he has his job to do. He has given me a week's grace to 'try and refinance' - this aint gonna happen sadly, am not prepared to sign up to some ridiculous loan company with interst rates of 40-70%!
  17. Hi, I assume it was a fixed sum, would have to dig out the agreement from my 'file'!! Basically, it was finance on car which they included payment protection insurance, the payments have remained the same from when it was taken out in January 2007 with a term of 60 months, there is less than 1yr to go which is why I find it ridiculous that they are being so unreasonable. In Sep/Oct of 2007 I was made redundant from my then very well paid job, although I was offered an alternative job with the same company it was at a massive reduction in salary, nevertheless I continued to make the payments until I ran into difficulty the end of last year. In the current economic climate I don't think that's bad at all to be honest and one would like to think these companies would bear this in mind! At the end of the day, I am not refusing to pay, I am practically begging to pay them but they won't accept or in fact discuss any such thing. I am hoping the Judge will see this as in my favour and advise them to accept my offer of payment. The payments I am offering will in fact clear the finance when it would have ended in any event, i.e. the 60th month being January 2012 so it's not like I am even asking for an extension or anything!!
  18. Payments were always made on the 26th of the month, i.e. pay day. If I don't hear from them favourably I shall take your advice and set aside the amount of £350 in any event. I just wonder actually whether anyone is aware of sucessfully defending a Return of Goods Order, I tried googling this but didn't come up with anything?!?!
  19. Thank you soooo much, when all this happened last night I felt utterly hopeless, having now read other comments on here and your wonderfully helpful replies I feel like I might actually get somewhere here!! I have just returned from the post office, having sent said letter via recorded delivery, I will also fax this when I am at work tomorrow. I had to take today as 'emergency leave' to try and deal with it. Here's the text of the letter to them, let me know what you think, I shall use some of the reasons in this letter in my defence should the matter end up in Court, which hopefully, and according to the helpline people I spoke to this morning, go in my favour!! I write regarding to the above agreement and further to my conversation on 17th May 2011 with your Kelly. As discussed, I attach herewith a further copy of the letter to you dated 28th April 2011 which you say you have not received. As a point of note, this letter was in fact collected from my place of work by the Royal Mail together with the firm’s post. You will see from the attached letter my offer of payment. I do not deny that the account was in arrears by two month’s payments but to my knowledge, this matter had in fact been dealt with when I spoke to your Lorraine/Lauren (I don’t recall which) back in March. You will note that in March I completed an expenditure form with your staff member. This was based on my sole income, and not jointly with my husband. From this, it was found that there was only £24 available at the end of each month, thus you would not, as a responsible lender, enter into any repayment ‘plan’. I recall discussing with your staff member that I had one or two small ‘debts’ which were due to finish and it would be at this stage that I would be able to increase the payments. As far as I was concerned that is what would happen. The direct debit was reinstated and I thought no more of it until the April direct debit was not collected from my account. In your letter to me dated 13th April 2011 you state “we refer to the default notice previously sent to you in connection with the above agreement”, I reiterate what I stated to your Kelly on 17th April 2011 that I absolutely did not receive any such default notice, I can assure you that had I done so I would have dealt with it which would presumably not have led to the situation I now find myself in. You also state “there may be further sums due from you under the Agreement and we will write to you about these in due course.” I waited for a letter from you as stated but did not receive anything, therefore it was at that juncture that I wrote the letter previously referred to and annexed hereto. It was not until I received a telephone message from FRADS that I was aware of any action being taken. I cannot express my shock when I spoke to _____________ from FRADS, that RCI were requesting that I voluntarily relinquish my vehicle or settle the outstanding balance of £2,953.87. I then contacted you and spoke with Kelly. It was at this point I was advised that you had not received my letter of 28th April. After a lengthy discussion I once again offered payment. Unfortunately, you would not accept my payments despite my repeated offers. The agreement term ends I believe in January 2012. My offer of payment will have settled the account at the end of the term. It is unlikely I will be able to refinance in order to settle the full balance of £2,953.78. This in any event, even if I were able, would only serve to increase the amount payable on a loan, increasing debt, which is not ideal. I would respectively request that you take a reasonable view to the situation and give proper consideration to my offer of payment as set out below (I can assure you that the amount proposed is affordable, as previously stated, I now have the disposable funds to pay the additional amount each month) and please reinstate the direct debit which will, as previously stated, clear the account as it would have done at the end of the agreement term. MONTH AMOUNT PAID BALANCE REMAINING May 2011 £350 £2,603.87 June 2011 £350 £2,253.87 July 2011 £350 £1,903.87 August 2011 £350 £1,553.87 September 2011 £350 £1,203.87 October 2011 £350 £853.87 November 2011 £350 £503.87 December 2011 £350 £153.87 January 2012 £153.87 £0.00 I will not voluntarily relinquish my vehicle. I work full time, and whilst I can use public transport to get to my place of work, during school holidays it is my mother that has care of my young daughter. My mother lives in a small village 8.4 miles from where I do. Whilst buses do run by the village, this will entail two buses to get there and two buses back to then get to work, again at the end of the day, totaling approximately 3 hours every day. If I have no sensible means to get my daughter there, I simply cannot work. This will mean that prior to the long summer holiday of approximately 6 weeks, I will have no option other than to leave my place of employment in order that I can stay at home with my daughter. My budget does not allow for £25 per day childcare facilities, this would be £125 per week. I do not wish this matter to go to Court. I reiterate once again that I am offering payment to clear the account within the term itself. Should you insist on applying to the Court for a Return of Goods Order it will be seen that I am offering to pay, and have never stated I would not pay, and thus I will request the Court suspend any Order. As the debt is less than £5,000, in an effort to avoid costly Court/solicitors fees, I should be grateful if you would consider using a mediation service, I would be agreeable to this initial course of action. This can be done by telephone, any mediator will not impose a solution or decision but will assist in trying to agree to a resolution between us. I confirm the cost of such mediation will be borne by myself (to a limit of £200). I once again ask that you give due consideration to the above offer of payment and the use of a mediation service. I look forward to hearing from you as soon as possible.
  20. Thanks. I have spoken to someone today about the court proceedings. They were as baffled as me as to why RCI would not accept my offer of payment on so little of the remaining term! I have, on the advice, drafted a letter to RCI asking them to reconsider and again, setting out my offer of repayment. The chap I spoke to this morning said in his opinion they wouldn't get the return of goods order as there is so little of the term left and I am offering to pay the remainder over 8mths, which would be when the initial agreement ends anyway. I have also asked in the letter if they would consider using the court mediation service, however, I'm not sure if their application for a ROG Order would come under the small claims procedure, in any event, I have said I am prepared to use the mediation service. I am not going to call them now, they won't budge when you speak to them anyway so you get nowhere and are left feeling suicidally stressed out by them!! They don't listen to you, don't use their common sense about individual situations. However, I am not looking forward to attending Court, I work for a local firm of solicitors and there will inevitably be someone from my office at Court on the day no doubt!!
  21. Hi, thanks for your response. Yes, it is vehicle finance. What is NOD? I have paid all bar 8mths of a 60mth term which is why I'm so p***ed off about the whole darn thing. Like I said, I have offered to increase the payments which would clear it at the end of the 60th month and they won't even consider. They insist that they have repudiated the agreement and will only accept one of the following: a) voluntarily relinquish the car to sell at auction, b) settle the remaining balance or c) they will apply to Court for a return of goods order. The liklihood of my being able to refinance for the remaining balance of £2953.87 is practically nil! I really can't be without a car as this buggers me up regarding work/childcare etc. Do you know if when they apply to the Court for a return of goods order one can defend it?
  22. Hi, to cut a long story short, I missed two payments back in Nov/Dec last year. I sorted this out with them shortly after and my usual payments were reinstated. All of a sudden they stopped taking the DD and am now told they have repudiated the agreement and FRADS now want me to voluntarily relinquish my car to sell at auction. I have less than 1yr to go on the finance. They basically want the full remaining balance, just short of £3,000 or they will go to court for a return of goods order. I have tried reasoning with them but they simply will not budge!! I have offered to pay additional monies on top of the regular payment to clear the arrears, which in fact are only £518 but again, they will not do so and say that once an agreement has been repudiated they will not reinstate it. The chap at FRADS was really good, he's given me 1wk to try and refinance in order to settle the debt but to be honest this is not hopeful now RCI have served me a default notice!! Is there anything I can do about this, I don't want my car to have be sold at auction when I know they will only want to get the £3k left on the finance. I am flabergasted at how unreasonable these people are being. I did write to them with the repayment plan and of course, they are saying they never received it. When I stated that I had not in fact received the default notice they say they sent they didn't give a damn quite frankly and just said they had sent it, I said basically I had sent them a letter, as far as I was concerned they received it, taking their own stance. The stress is putting me under immense pressure, honestly how do they think I am going to find almost £3K when I couldn't find £518 - ridiculous. Advice much appreciated.
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