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Everything posted by steveoram1

  1. Hi Bitemarx. I would have the car serviced as it will be in the small print of your finance agreement that the car must be serviced as per the manufacturers service schedule. As to the cosmetics I wouldn't bother. The CCA says you must take reasonable care of the goods i.e. the car needs to be in a reasonable condition for it's age and mileage. If it's a few years old then nobody would expect it to be in the same nick as a new car. If they try to charge you for the cosmetics tell them that the dents etc. were there when you bought the car and let them try to prove that they weren't.
  2. Previous owner was a dutchman - Hertz Van Rental - running joke in the motor trade i'm afraid.
  3. As this is a loan agreement and not HP or Conditional Sale they have no right to record this on HPI. Phone them and tell them to remove the register record pronto or you will complain to the ICO. They seem to want it all ways but this is not allowed but is routine. 17 years car finance experience.
  4. I tend to remove the contents of company x and y envelope, put correspondence from x into prepaid envelope from company y and vice versa and put into post box. This then costs them the postage. If everyone did this junk mail would stop asap
  5. This will be a Stocking Loan which is used by dealers to purchase cars to help with their cashflow. Normal practise in the motor trade and they will remove it from HPI.
  6. Thankyou for looking at this but I think you are missing the point. Our angle of attack is that the prescribed terms are wrong on the finance agreement.
  7. £38543 owed and given £31500 so 8k shortfall. Court case rests on agreement being unenforceable due to prescribed terms being incorrect (amount and frequency of repayments) and rights to VT being curtailed to the detriment of my pal.
  8. He has already won a FOS judgement against the dealer. The FOS adjudicator concluded that the dealer "did not complete the finance proposal correctly which meant the deposit figure was not included in Mr #######'s finance agreement" The FOS also confusingly concluded that he suffered no financial loss as the total amount payable remained the same but surely this would only have been true had the agreement run full term. What prompted all of this was my mate wishing to terminate the agreement and him being told he couldn't without paying another 2 and a bit grand but if his 4 grand had have been on the agreement he would have been able to VT. All advice greatly recieved.
  9. Docs read as follows: Cash Price 25,668 Advance Payment 0 HP Charges £4675 Credit Facility Fee A £150 Credit Facility Fee B £90 Purchase Fee £10 Total Charge For Credit £4925 Duration 60 Months Total Amount Payable £30613 One Repayment Of £656.05 58 Payments of £506.05 Final Payment £606.05 APR 7.4% On the invoice the car is shown as £25478 Plus Tax at £210 for 12 months RFL There are no other extras, insurances etc. I need to know if s.75 of CCA 1974 applies to this agreement considering the price. What about the Misrepresentation Act. He has the Finance Company to deal with at court not the motor dealer and we need to know the best way to amend the POC to include the price being raised. Thanks in advance
  10. I'm currently trying to help out a mate with his HP agreement. Story as follows -: He bought a car on HP while at the same time part exing another car which was in a bit of negative equity. He wanted to keep his payments at a certain level and was told by the salesman that to do this he would have to chip in just over 4 grand which he did. 20 odd months down the line and he decides to voluntarily terminate the agreement but turns out he can't as the 4 grand is not shown on his HP agreement at all. He has proof that he paid this to the garage as he has his bank statements etc. from the time. The other strange thing is that the car which was advertised on Autotrader as being up for £22,995 is shown as £25,668 total cash price on his HP agreement. We have spoken to Autotrader and have an email from them to confirm this was the price. We have had an allocation hearing and the case has been fast tracked but we have been advised to amend the POC by the judge to better state these facts. I would appreciate any help with this.
  11. My 4 year old daughter provided the ultimate deterrent when she asked me if I was going to die soon. I had smoked for 26 years and was a committed smoker who had missed many significant moments in life worshiping before the tobacco altar including - to my eternal shame - my son's birth. I gave up (nothing) on the 12th of June 2010 with the help of Champix and my counsellor having tried to quit (half-heartedley) several times before. Do any of you remember how it is to deceive your loved ones that you have quit whilst secretly smoking? I did this numerous times. Be honest - quit only when you really want to - and don't lie to your family. If I can stop from 40 a day to zero you can do it as well. I am now a little heavier than when I smoked having rediscovered a love of chocolate/biscuits/cakes etc. I have recently also rediscovered a love of exercise and have begun cycling around ten miles a day 3 or 4 times a week which is helping with the weight and is also a lot of fun especially when the kids come with me. The most significant change post-smoking is the extra time I get to spend with my family. Do you currently dodge off once or twice an hour for 5/10 minutes for a smoke? All in all it has been the best experience of my life. I'm 40 now and hopefully haven't damaged my body too much and will live to enjoy my children/grandchildren to a ripe old age. If any young ones are reading this all I can say is no matter how much you are told not to start smoking the people telling you have your best interests at heart. It makes you smell, it costs a fortune and it really isn't an act of rebellion - it's an act of stupidity and a submission to big tobacco marketing. I have spent something like £50,000 on cigarettes in the past 26 years and all I have to show for this expenditure is a reduced lifespan and a lifetime of missed moments. I wish I could live the last 26 years again. I would not have started smoking and I would have cherished my loved ones more.
  12. This is the GE underwriting guide showing all of the secret commission rates paid to intermediaries. Don't ask me where it came from and I won't tell!! Rip off GE.pdf
  13. Seeing as how you managed to get up to number 11 in your catalogue of problems with this rip-off company without figuring out that it might be advisable to shop elsewhere may I suggest the following:- 1. Have a think about which item of consumer electronics you might wish to purchase next. 2. Save up the money required to purchase aforesaid item (This is the important bit). 3. I'm sure you have internet access so please read the online reviews regarding the item you have identified as your next assault on the electronics market and ascertain which manufacturer produces the product least likely to betray you. 4. Buy that product and enjoy many happy mindless hours of fun without the thing breaking down. 5. Repeat where neccesary or even just completely unneccesary. Completely on topic - The reason why this country is in such a financial mess is that the population has become accustomed that there is no requirement to work and save to aquire the goods and services that they are brainwashed into feeling that they need/want. Does anyone think that Gilbert's kids would be better parented should Gilbert spend a bit more time with them walking round the park or reading to them rather than worrying about their multiple laptops. Not having a go but if you are on benefits as a sole source of income why not save the cash up rather than pay later and waste your benefits on paying interest to these loansharks.
  14. They are the crookedest finance company in the UK. Please post up your agreement with your personal details removed - try photobucket. If your agreement is like most of Welcome's you have probably been sold loads of add on insurances without your knowledge or consent. I should know - I used to work for them and earn shedloads by bamboozling people. Something I'm not proud of. If anyone needs the full SP on how WCF operated before their timely demise please PM me and I'll PM back with all of their underhand tricks. Only applies if you bought your car from WCF own showroom.
  15. Hi post. The WCF showrooms were indeed treated just like any other dealer by WFS (the parent company). The commission was shown on UCS (the american designed in-house WCF deal booking system) as a discreet amount but never revealed to the customer. The parent parent company (Cattles) took the first £900 profit out of each deal but even accounting for that loss we still used to regularly book a £4k to £5k profit on each deal and I even saw and did deals that booked a £7.5k profit. In the old days the sales people (like me) were paid up to 21% of the profit so we were earning scary amounts of commission but it always stuck in the throat a bit. Get a SAR in - most of their docs are unenforceable. I spent 3 and a half years before joining WCF as a business manager at a large car supermarket and know FSA regs & CCA regs back to front and WCF's docs are the worst I've ever seen. No wonder they're going out of business.
  16. This looks like a multiple agreement to me. For the car credit it's a debtor-creditor-supplier type agreement. WFS always treated their own garages as an independent supplier. The £1k refinance would be a debtor-creditor type agreement. It should therefore say at the top of the first page in bold type "This is a multiple agreement regulated by the consumer credit act". If it doesn't they're in trouble. I used to work for this shower and will email you a comprehensive breakdown of how they rip off their customers if you provide me with an email address. My info should be more than enough to enable you to have your agreement deemed unenforceable provided you bought the car direct from welcome and not from a dealer.
  17. If your original loan had PPI you would have paid the single premium up front. This amount would have then been added to the original loan and interest charged on the whole lot. If you have since renegotiated the loan the PPI policy attached to the original loan will still be in force if you are still within the term of the original loan. Therefore if this is the case you will still be able to claim an amount equal to the original loan repayment up until the original loan term expires or 12 months are up. Phone Direct Group as the CAM's in the branch have no idea how the PPI works.
  18. I have a copy of the GE branded Broker underwriting criteria/flowchart etc. detailing the whole 2nd charge process from start to finish. This is on a PDF which I am happy to email to anyone who thinks it will help them. The document details how much commission is to be paid on completion for each level of 2nd charge loan shifted by the broker (worked out by the creditworthiness of the borrower, higher payments for the more uncreditworthy of course!!). It also details the commission paid to the broker for selling PPI. Please PM me with an email address. The file is too big and probably a bit too sensitive to be openly posted. Methinks GE should secure their broker-only website a bit better!!!
  19. Was the car bought at a dealer with WFS supplying the finance only or from one of their own showrooms?
  20. I've got an agreement which states that for each £100 I have borrowed £650 is repayable if I settle either halfway or three quarters of the way through the term. I'm thinking that this may be an unfair term. Got myself stuck in the payday loan trap. Started off with a £520 loan and have so far paid back 4 lots of the monthly £130 interest - total £520 but still owe the initial £520 plus this months vig - total £650. Any way out of this without enriching these leeches any more?
  21. Have composed this letter to Cabot. Wonder if anyone can have a read and post any suggestions. Ta Further to your letter of 31/10/2008 regarding the Statutory Notice under S.10 of The Data Protection Act, which I sent you on 31/09/2008. I note that you failed unsurprisingly to respond within the statutory timeframe. Please forward by return a copy of the original credit agreement that you refer to in your letter and which you claim gives you the right to store and process my personal data. Should you not be able to provide this document I would be grateful if you could explain exactly which part of Schedule 2 of The Data Protection Act you refer to in your letter as in the absence of such a document there exists no financial contract between us and I would also suggest that your continued processing of my data would be contrary to Schedules 1 and 2 of the Data Protection Act. Please note that this is the third time I have requested a copy of this document from you. The first occasion was on 20/05/2008 when I sent you a request accompanied by the correct fee for information pursuant to The Consumer Credit Act S.77 i.e. 77 Duty to give information to debtor under fixed-sum credit agreement (1) The creditor under a regulated agreement for fixed-sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of £1, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer, — (a) The total sum paid under the agreement by the debtor; (b) The total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due; and ©The total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. (4) If the creditor under an agreement fails to comply with subsection (1)— (a) He is not entitled, while the default continues, to enforce the agreement; and (b)If the default continues for one month he commits an offence. Thus far you have not properly responded to that request and thus have committed a criminal offence. The second time I requested a copy of the document you refer to was by way of a request for information under the Civil Procedure Rules on the 30/05/2008. This request was made to you because you neglected to enclose a copy of this agreement with your County Court claim contrary to the Civil Procedure Rules. This was sent to you shortly before you discontinued your poorly conceived and unsubstantiated County Court claim against me. Once again you either chose not to send me a copy of this often cited credit agreement or were unable to due to the complete non-existence of the aforementioned document. Please note that in addition to committing a criminal offence by not responding in the proper manner to a valid CCA S.77 request you have also failed to fulfil some of the requirements of your licensing body – The Office of Fair Trading. E.g. OFT 969 S.2.5 (Integrity Issues) Examples of the kind of evidence that may involve integrity issues include the following: • any breach of CCA Regulations, such as those relating to advertising, agreements, pre- or post-contract information or early settlement OFT 664 S. 2 (Unfair Business Practices) S. 2.2 e. failing to provide debtors or creditors with information on status of debts, for example, not providing requested balance statements when reasonably requested. In summary I find your response to be totally unsatisfactory and I fully intend to initiate complaints to Trading Standards, The Office of Fair Trading and The Information Commissioner and also initiate legal proceedings against you for non-compliance with my S10 Data Protection Act Statutory Notice and compensation under section 13 of The Data Protection Act for the damage and distress your previous processing, storing and communicating to third parties of any data of which I am the subject has caused me. You have 14 days from receiving this letter to reconsider your position and respond accordingly. If you do not understand the meaning of this letter I suggest you consult legal counsel. Please note that the only response from you that will negate the need for me to take the aforementioned action would be: - a). An acknowledgement from you that in the absence of a legible, signed agreement containing the prescribed terms no legal debt exists. b). An undertaking from you to remove or facilitate the removal of any previously shared data from any relevant filing system (as defined by The Data Protection Act). c). An undertaking from you to cease storing, processing or sharing my data. An apology for your past conduct in this matter would also be appreciated. The County Court system of this country does not exist to be used by companies like yours as a method of debt collection. I look forward to hearing from you.
  22. Sounds like once again they don't have the documents (what a surprise) - these lot & others like them depend on people not going to court and the Northampton Bulk Centre nodding claims through - big government moneyspinner as the hapless claimant has to pay costs for zero court time. Isn't it time we all got together & pushed for a change in the law that would make it compulsory for anyone holding Consumer Credit License to have all the required documents available to prove the case before initiating a County Court claim and requiring them to send copies of any documents they would rely on in court along with the claim? (They are supposed to do this already) DCA's have been allowed to become lazy & grow fat under the current regime as they are OFT fee paying customers who also produce further revenue for the government in the way of court costs etc. They are essentially vultures who contribute nothing to society and feed purely on the misery of others and the sooner they can no longer function in their present form the better. I have no axe to grind regarding companies who chase properly owed debts and take pains to assemble the correct paperwork to support their claims and treat the debtors with a little, 'there but by the grace of god', respect.
  23. Long story condensed for you - need advice as to what is best next move. Had a loan account with The Associates which was eventually taken over by Citigroup. Paid them sporadically over the years with the upshot being that the account was eventually bought by Cabot who then stepped up the collection activity bigtime .At the time they sent me an assignment letter saying that they had rights to share my data etc. Sent them a CCA request to which they have still not responded (6 months later) and thought that was the end of it. Next instalment received a court claim via the infamous Brian Hodgson Solicitors for the full amount plus loads of spurious costs so figured nothing to lose and sent back a CPR 16 request for all the documents at which point they decided to discontinue the claim. Figured I would now become a thorn in their side and sent them a S10 Data Protection Act notice telling them to stop storing/sharing my data and asking them for compensation proposal for the data they have already shared without my consent. I'm thinking that if they have the paperwork then they've had ample opportunity to put up or shut up & would have done so long before now. Today received a letter telling me they have both a right and obligation to share my data and I can basically go forth & fornicate. Question for the legal seagulls - what is my next move? I'm not really hoping for compen and don't envisage the need for me to apply for finance in the short to medium term but just want to be as much of a buggeration to these leeches as I can. How do I complain to the OFT that they have not fulfiled CCA requirements re information request and are not fit & proper? How do I complain to the Information Commissioner that my data is being disseminated illegally? Anything else I can do to apply a bit of pressure?
  24. Buying a car for someone else on hp is illegal. It is known in the industry as an 'accommodation deal'. However your relation may have some comeback re the finance company. It is not the fault of the repo company. If they took any notice of the tales they were told when out doing their unsavoury job they would never repo anything. How many months old is this agreement? How many payments were made? Once you have paid a third of the total amount payable under an HP agreement the company need a court order to reposess.
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