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dchotcar41

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Everything posted by dchotcar41

  1. I bought a car through approved car finance in april 2006, i have made all the payments to date, i no longer want or need the car and tried to cancel the contract. under the consumer credit act 1974 you can return any goods that you have paid over 50% of the total amount payable. the problem is Approved car finance have told me that it is not cancelable under the cca 1974 as it was sold as a bill of sale, can anyone help me. I understand that a bill of sale has to be registered with the county court within 7 days, is this working days or not, i signed for the vehicle on the 27th April 2006 and the bill of sale was registered on the 08th May 2006. I was not informed of my right to cancel or not or even that i bought the car through a bill of sale.
  2. If you are going to tape record a conversation with someone you must first inform them that you are doing it. it is illegal under the data protection act to tape record a conversation without the other party knowing. just a friendly word of advice.
  3. sorry for the spelling mistakes coming to the end of a 12 hour night shift:)
  4. just another quick question, Abbet closed my account in June 2006 before i started to taake them to court, i was offered 50% of my claim as a GOGW which i refused. many people say they have deposited the money anyway into there account can they still put the money in my old account even though i have no means in checking it.
  5. at what stage do i send my case papers to the court and Abbey, my statements schedule of charges etc etc will they be asked for? i was expecting to send them when i got the AQ but i was not instructed to do so. just to send the AQ and another £100
  6. Got a date for a preliminary court hearing today, they have allocated me 5 minutes for the hearing and said it may get passed onto another court. is this common practice? i have not even sent them a copy of my case to the court or Abbey yet, i sent the allocation questionnaire but that is it so far.
  7. I have used MCOL against ABBEY, i only did this on Monday and have today recieved a letter from ABBEY asking for my account details and schedule of charges as i dont appear to have supplied them in my paperwork from the court, i have wrote to ABBEY today explaining the procedure i used at the end of 2006 in order to have my bank charges refunded, i have also told them who i sent my schedule of charges to in ABBEY (at the complaints department) and that they had copies of all schedule of charges. i have also informed them that when i sent the schedule of charges the figure was not correct as i have been charged further since the schedule was sent, i also informed them in writing that they would recieve copies of all my evidence in due course as and when the court ask for them. Have i done the right thing by writing to ABBEY? i have told ABBEY i will forward all corespondence between myself and them to the court. Also back in March 2006 i wrote to ABBEY complaining about being charged high amounts charges over JAN AND FEB 2006 all this was done before i had heard about CAG they gave me back £185 as a GOGW and in settlement of my complaint, will this go against me? i have deducted the £185 from my charges i supplied on the paperwork to MCOL. they owe me £2060 in charges not including interest and my 120 back for paying MCOL
  8. i have recieved a default notice from them so i went and got some advice from a debt councellor they told me under the consumer credit act 1974 i can cancel the agreement (hp) at anytime i have sent them written notice requesting they take the car back as per claus 99 of the consumer credit act 1974 thay have got back to me saying this agreement is secured on a bill of sale and not HP can anyone help me out where i now stand, can i return the car, will i have to pay the full amount owed under the agreement if i do return the car the funny thing is i like the car i want to keep it but they are leaving me no choice all i wanted was 1 months grace when i could not afford to pay the standing order, i am about to be divorced and the solicitors fees had to be paid.
  9. hi there i have just satisfied my IVA, i had debts of 42000.00 i went with a company called Nuttalls who were excelent i might add i had the IVA for 14 months and only paid back 18000.00 it is quite straight forward and i would recommend anyone with debts of 12000.00 or more to consider it, they wrote to all my creditors and after a month or so the letters stopped my payments went from £900 a month to £153 a month (sound like a tv advert). if you like i can give you there address. hope this helps
  10. i have to today recieved a letter from ABBEY it goes as follows Thank you for your letter dated 19 August 2006 about your bank charges. i am sorry you feel these are unfair and unlawful at common law, statuute and recent comsumer regulations. Having carried out a full investigation, i can assure you the charges are not unlawful and therefore i connot agree to refund them. i therefore reviewed the literature and information you recieved when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms of the account.Because of this, i believe we have been fair and open in telling you about them. The charges were correct, because you did not have enough money in your account to cover payments requested from it. When i looked at the history for your account i found that, unfortunately, this was not the first time this has happened. I can see we have refunded charges, within the past 12 months, as a gesture of goodwill. We also did our best to make you aware of the importance of mamaging your account to prevent the situation happening again. i am sorry that, because of this, I cannot agree to cancel theses charges. Any information registered with credit reference agencies is a true and factual reflection of the situation on your account. We are required by the information Commissioner to register and share information on how customers run their accounts. Because of this, we are unable to remove or alter the information that is held. However when the oustanding balance is paid in full, although the default will remain, it will then be marked satisfied. Do i have a leg to stand on? is this the normal leter? do i commense leagal action in the small claims court now.
  11. I have got a vw Bora on finance and am having difficulty in paying the monthly payments, it is costing me a fortune in fuel so i have written to Cygnet finance requesting the vehicle be reposesed they have told me over the telephone that it will cost me more if it reposesd and they say they are entering a default against me they say they have not recieved the letter from me and when i explained that i was putting in near £200 a month on fuel they said they found it hard to accept if anyone has advice on where i stand or how to send the car back please get in touch, the car was originally purchased through approved car finance. thank you
  12. thanks glen, i have started the claims procedure in full now and on the 24th Sept 2006 the 14 days will have expired in regards to the Letter Before Action, i have duducted the £285 as it was refunded charges (even though it was nearly £500 they took). LBA letter sent 11/09/2006
  13. long before i heard about this site (Dec 2005) i wrote a letter to abbey complaining about them charging me for going overdrawn, unpaid direct debits etc etc, they sent me a letter saying would i accept £285 as agesture of good will for my complaint and to settle the complaint.this i did in March 2006. i have since got all my statements out and calculated the exact amount of charges incurred £1655(less the £285 already refunded in March) can i try and claim my money back or will i not have a leg to stand on as i have already accepted a gesture of good will for my complaint, i have already started the process and am as far as waiting for the 14 days to end in respect of the LBA.
  14. Hello this is deception ie they are saying they are you by using your details without your consent you only let them take one payment, it is also worth noteing that they may have breached data protection by using your details when you did not permit them too i would report them to the police anyway even if they have cancelled the transaction, if your bank can show that it was applied for then cancelled then you have something to go on. i once had to deal with a shop retailer who did the same and they were actually charged by the police for theft. (Deception is a form of theft) who knows they may cancel the whole debt if you drop your case against them worth a try.
  15. dchotcar41

    Delaying

    hello all i have recieved a letter from Abbey today appollogising for the delay in investigating my claim which i first started 4 weeks ago, they are saying there research is taking longer than expected because they want to make sure a full investigation is done (nice of them). what steps should i take now? i have sent a letter requesting the missing 4 months bank statements and as i have 11 months of bank statements i have sent the letter requesting the charges be refunded, please help i am not sure where to go from here.
  16. hi thanks for your reply i see you are in Folkestone, i am in Dover.
  17. Hello To You All , Any Help And Advice Would Be Much Appreciated, Thanks.
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