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mark12

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  1. Hi dx, Yes, its quite a mistake sending me all of this person data. But well see if that means anything later on. I'll check with regards to the repo costs, it was a flatbed they sent to collect it though. Yes, thanks for informing me on the fronting info. I'll certainly keep that in mind and look into this further. Not really sure where to go from now. I think I might get in touch with the FCA and see if there's any grounds to proceed on the miss selling front. It's just a miserable situation when you finally realise the implications of these types contracts. I do know it was not explained to us at the time. Thing is I wouldn't have even thought about involving my brother if the salesperson hadn't of brought it up. Hindsight eh! Thanks for your time on this.
  2. Thanks, there's no figures on the agreement that I can see. Only on the threat letter which states £5,745 not £5,187 in their original email. The collection was sort of mutual don't think there was any dodgyness to it Do you think we have any leeway to complain about my brother being accepted for me. I'd much rather have the debt put on to me than him?
  3. Hi dx, Yes, it does say on the letter 30 days to reply. Sorry, it was addressed to him, I just said I received it in my initial post for simplicity, really. His name is on the agreement. In hindsight there was a lot wrong with the sale: he only has a provisional license, appropriate affordability checks weren't carried out etc, you know what car salesman are like, they're only interested in the sale. Yes, I rang them up and said I had lost my job. I asked if the payments could be reduced or that the finance term could be extended but they would only accept voluntary termination and then requested that I sent them an email to confirm my decision which I confirmed on 21/07/2020. I sent several emails back and forth stating over and over that I could in no way afford to pay back the amount. They did unfortunately, email back with regards to paying 50% of the outstanding back: However, there was no mention of anything other than voluntary termination?
  4. Hi dx, The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included. No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong. Thanks!
  5. The agreement started 11/02/2019 for 47 monthly hire payments Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire. This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with. The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs. Yes I still have my agreement.
  6. Hi dx, Thanks for the quick reply! Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf. Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a PCH. It wasn't really explained at the time, what this implied. I suppose it was naïve on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc. Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was gobsmacked. I told them there's no way I can pay that; I don't have a job. Not interested. I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation. I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request. Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it. As far as I'm aware though, a PCH isn't regulated by the CCA? What do you reckon? Sorry, just to be clear; I handed the car back in November time.
  7. Hi, I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!). I digress, the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it! It includes: Their full name Their address and postcode Their handwritten signature Their email address Their mobile telephone number Their debt amount Their vehicle registration Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows? What should I do now, is this a trump card that I could use if this matter does actually go to court? I did intend to argue against this debt in the first place. Any advice on this would be most grateful! TIA
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