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Found 11 results

  1. Dear all, My first post so apologies beforehand if I should follow a certain procedure. Congrats for the fantastic content and advice -- although at times not easy to follow. I got today on the post a £100 Parking Charge Notice from a PCP Enforcement Agency I honestly do not remember parking there; in fact, I don't even know where this is exactly. In any case, the whole letter seems to be written to deceive - maybe what you call a Speculative Invoice. I do think I may have parked in a spot with "clear signage" (eye for detail is not my thing, unfortunately). There's this thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?179567-Private-Car-Parking-Enforcement-Agency-(CCTV) from 2009 similar and at the same spot. I wonder what happened. More info - 22 June 2017; arrived in the post today, 20-august-17 - car parked at at Bristol Estate, Anchor Rd, Harbourside, Bristol, BS1 5DB How'd you advise me to do? Should I just ignore this? You do have a sticky thread saying not to... a billion thanks in advance Victor (Bristol) pcn.pdf
  2. Hi, Thanks for taking the time to read and hopefully you can offer some sage like advice. My partner has notified ford of her intention to vt as she is in excess of 50% of the amount. They have sent a letter confirming today. Firstly this letter is asking for payment for usage from her last direct debit date to the date of letter received. Is this correct? She was up to date with her payments with no arrears at time of them receiving letter. The car is planned to be collected from me next Friday as my partner will be at work, should I sign any paperwork they bring or refuse? Don't want to agree to something I shouldn't be doing Finally she is over her agreed mileage on the pcp deal so I expect ford will want to charge her for this? What's the correct course to deal with this? do we just remind them the cca says no further liability beyond the 50%? Sorry for all the questions, hopefully you can help ease our minds Thanks
  3. Good Afternoon Everyone, Unfortunately and unexpectedly my father passed away last Friday due to a motorbike accident. At present I am tying up his finances and have come to a bit of a grey area for myself which I am hoping someone can help me with. Last July my father purchased a brand new car on PCP with Black Horse (through Arnold Clark) - I will list all details; Cash Price of Goods - 18,077.49 Total Amount Repayable (inc. hire purchase charge) - 22,409.11 47 Monthly Payments of - 319.13 Final Optional of - 7,410 So far he has paid - 3829.56, the car has a guaranteed future value as listed on the agreement as - 7,112. Black Horse have given a settlement (automated) of - 15,688.29 which I cannot work out where they have got that from and until they receive the death certificate I have posted them, rightly will not discuss the account. The options I have been given are; purchase the car outright (no need I already have a perfectly good car), sell the car myself and pay any shortfall or let them sell the car for me at auction. I am at my wits end on this as the resale value of the car is probably only about 11-12k tops (less at auction) and I am trying not to get the shortfall taken out of the estate as the money will be needed elsewhere for funeral and lawyer costs. Can someone clarify the halves and thirds rule on this, i.e. will I only have to sell the vehicle to cover half the total payment value (11,215.81) or is it the total value owed on the vehicle at the time of settlement figure? And is there any other options open to me? As always any advise is appreciated and if you have any questions in relation to the agreement I have it hear with me. Thank you all kindly.
  4. A family member decided 10 months ago to replace his ageing car with a factory-ordered brand new one. He opted for a PCP deal having first undertaken extensive homework about total interest payable and likely future value etc. Of all the options open to him, the PCP deal together with further incentives he negotiated with the supplying dealership most suited his circumstances. Until recently, he had no cause for complaint. But then the symptoms of one or two faults (or a single inter-related fault) affecting engine and auto transmission became evident. The car has been into the supplying dealership which immediately sought the manufacturer's involvement. Some preliminary work was then undertaken according to the manufacturer's guidance, pending further work which will be carried out two months' hence at its first service. The car, which has one 9,000 miles from new, is said to be perfectly usable until the time of that service and that in any event, anything and everything is covered under the manufacturer's warranty. Fair enough. Except: delving into the Internet to research his car's emergent problems, he has discovered dozens (literally) of posts on motoring forums going back over several years, all of them complaining about the same problem(s) and about the hoops it was necessary to go through to get them fixed. In some cases, the manufacturer replaced the engine and transmission under warranty -- though only at the end of protracted arguments where some consumers were concerned. Also in some cases, the vehicle was off the road for up to a month while those repairs were completed. What isn't clear from any of those Internet posts is whether or not the posters had financed the purchase of the car outright from their own funds; whether it was with a bank loan; whether it was hire purchase; or whether it was a PCP. That actually strikes me as being of crucial importance. Currently, my relative's car is still showing symptoms of inherent faults, albeit those symptoms are now less noticeable than originally. He is resigned to living with them and to abide by the dealership's / manufacturer's guidance. However, he is worrying about what might happen if it turns out that the vehicle becomes unusable due to failure, or if he is ultimately told that it will be out of his possession for a lengthy period due to the possible scale of repairs required. The word 'possession' prompted me to post this query on here, because it seems to me that he doesn't 'possess' the vehicle in a strictly legal sense (i.e., of ownership), rather that he and the manufacturer entered into a contract -- brokered by the supplying dealership -- via which he pays a monthly premium to the manufacturer's finance company and the manufacturer in turn supplies a car fit for purpose and usage. Am I right in thinking that in the event of -- and I must stress: 'in the event of' -- the situation becoming worse and the vehicle failing to perform / being unavailable to him for short periods or an extended period, the essence of the issue here is as more about breach of contract than anything else? Advice appreciated; though things seem to be under control at the moment, it's surely as well to be fore-armed by being forewarned of a consumer's position when it comes to the PCP of a new car and what happens if that car develops problems early in its life. Thanks.
  5. Hi Long time since I posted on this board but here goes again... I have a PCP agreement with Volkswagen Financial Services (VWFS) on a 2015 Audi A5 Black Edition. When I signed up to the agreement I put my BMW M135i in as deposit (equivalent to £23,300) which was against the A5 valued at £38,305. I took £7,800 cash back out of the deal which left me with a 24 monthly payments of £250.67. My first payment to VWFS (using the cash back) was a significant partial payment of £4,000 which left me with monthly payments of £63.80. I then got into a bit of an argument with VWFS over adverse credit data they had lodged with Experian (and others) which essentially said I'd missed payments. The reality was I'd made manual payments whilst they were setting up Direct Debits but their computer managed system had failed to pick this up. This was a mistake VWFS acknowledge and rectified within a month or so. As compensation they offered me an 'Audi R8 thrill experience' or £125 cash; I refused this offer as I didn't think it matched the potentially serious harm they had done to my credit profile. I took my compliant to the ombudsmen who as expected sided with them and stated the offer of compensation was adequate. Another toothless assessment by the ombudsman in my experience (Vodafone being the other example I have personal experience of). I have decided I am pretty sick of VWFS and I want to give the Audi back, not because I cant afford the repayments because I can. I just don't want to give them anymore of my money and at the same time continue to suffer the depreciation of cars within their brand because of the emissions scandal (anyone who owns a VW / Audi will notice this is a FACT of life, it is happening regardless of whether you have an effected engine or you have a newer, supposedly compliant engine). My agreement states that I can terminate early if I have paid half the total amount payable. I believe I am about £493.23 short of that (VWFS owe me £200 as a gesture we agreed at the start plus £125 compensation) so I am nearly at the half way point of the required payments. My question really relates to the equity that I think I have in the vehicle. To round things up I have put the equivalent of £19,878 into the car and it's probably worth £28k depending on which dealer you look at. Would I be entitled to the equity in the vehicle or would I concede this if I voluntarily terminate the agreement? The agreement is typically helpful / silent on this... thoughts really would be appreciated. Thanks Shane
  6. Hi there I took a car out on a PCP contract for 4 years with Mercedes in August 2014 I took a seizure on 4th April 2015 still no sign of getting my licence back but I've never missed a payment on the PCP agreement this has nearly been a year since I took the seizure and still paying every month I can't see a way out or put a plan together as Mercedes aren't interested although I've informed Mercedes of my situation but there not interested as long as they are getting paid every month,if anyone could give me some advice on what to do I would be most greatful especially in finding out how soon I could possibly VT the car back to them as I'm partially disabled and struggling to get by with having to pay for this car every month it's seriously effecting me and my family at this moment I can't just hand the car back because it would blacklist my name. I think I need to pay at least half of what is owed on the agreement but I just can't keep this up its having devastating effects on my life having to worry about raising the money every month for something that I can't even drive,if anyone can help or point me in the right direction it would be so much appreciated with kindest regards Scott thanks in advance
  7. I've been doing a lot of research this week and have decided to make an account on here to get some advice as I'm a bit lost what to do. So I've made some bad life choices, I'm only 23, but I'm moving to egypt with my family. However, I'm 8 months into a 4 year car pcp. As with all cars you can imagine there is a large amount of negative equity, the total amount I am unsure because I'm confused with my options. At first I was considering declaring myself bankrupt, this way the debt, which is potentially upto £6000 will be written off. But the problem here is that to get a residency visa in Egypt I have to show my bank statements, I only have around £3000 in the bank, which I have slowly saved since I moved out when I was 18. What are my options regarding the car, as when I move to egypt I won't have a job for the first year so I will have no income.
  8. Name of the Claimant ? BMW Financial Services (GB) Ltd Date of issue – 10th December, 2014 What is the claim for – the reason they have issued the claim PARTICULARS OF CLAIM 1 This claim is a consumer credit act claim 2 The claimant is a Finance Company Terms of Agreement 3 4th February 2012, Claimant and defendant entered a finance agreement 4 The particulars required by, and set out in the order prescribed by the consumer credit claim practice direction to part 7 of the civil procedure rules 1998 in respect of the said agreement are set below. : Date is as per 3 above : Details the vehicle registration and type : Total Value £19,000: : Total paid: £8,500 : Unpaid Balance £10,800 : On 13th of October 2014, claimant served default notice : Claimants right to demand delivery of vehicle accrued on the 4th November 2014 : Amount claimed in addition to deliver of goods £10,800 BREACH Defendant failed to make payments when they became due. 13th October claimant served default notice. : Defendant failed to comply with the default notice and on the 4th November the claimant accepted the defendants repudiation and the agreement was terminated. CONTRACTUAL LOSS :As of 4th November 2014, the defendant was liable to pay arrears under the agreement totalling £1,180 : On the same day, the defendant was liable to pay the full balance £9,700 : The claimant has been entitled to delivery of the vehicle since 4th November, 2014. : On the 18th November, the claimant’s solicitors demanded in writing the defendant return the vehicle, defendant refused or failed to do so. Accordingly unless and until returned the claimant is unable to give any credit is respect of the net sale proceeds. AND THE CLAIMANT CLAIMS 1 An order for (a) damages of £10,800 comprising balance as of 4th November of £9,700 and arrears of £1,180. (b) delivery of the vehicle. 2 Costs on an indemnity basis. What is the value of the claim? £10,800 + Car? Is the claim for a current or credit/loan account or mobile phone account? PCP / Hire Purchase When did you enter into the original agreement before or after 2007? February 2012 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. By Original Creditor Did you receive a Default Notice from the original creditor? Yes Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year Received a letter – Notice of sums in arrears also on the 12th December, date received court papers. Why did you cease payments? Direct Debit was continually not collected by creditor but not managed well on my part. What was the date of your last payment? 17th October 2014 (Card Payment via phone) Was there a dispute with the original creditor that remains unresolved? Yes – Not happy that they failed to collect direct debit that firmly played a part in this. Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No I hope the above is not information overkill, I have trimmed it where I thought I could though hoping that all the key bits are covered. Paid the PCP for 26 months with no issue, I cancelled direct debit by mistake in June and did not notice it until they wrote to me. (Start of July) Called them and asked them to set up direct debit, explained my mistake and promised to make missed payment as soon as I could. They were not happy and explained note of credit file and generated letters etc. Rang to pay end of August missed payment via card over phone. When I did they advised that I owed also July. I argued it was only one missing payment and when discussing they accepted that they had not set up direct debit properly. Agreed that Direct Debit issue would be resolved and that I would again call to make manual payment when I could as I could only make another single payment on the phone at the time. Received a default letter in October, no reminders in September and I assumed this was as the direct debit was in order leaving me with the two running missed payments to resolve. The default letter I thought was over the two missed payments but the default was now included September as the direct debit was not being taken still. I call and have a moan, they apologise and ask for 3 months payment in one go but suggest 4 as that month is due. I say I can’t pay that all in one go and offer to pay the current month and ask them to again set-up the Direct Debit again. They take one payment on the phone and promise to have someone review my complaints about direct debits not helping out and to agree some time for me to plan on how to make good on the running arrears. I then get a termination letter November. I tried to call and make another payment over the phone to be told it’s too late and now passed to their solicitor. I then did in fact receive a letter from their solicitor, at which point, I got a little overwhelmed and embarrassingly put my head in the sand and did nothing, looking back probably some time before this point I started to make my own mess of this all..... I tried to talk to their solicitor and offer to pay the arrears in one go and or the gap between the payments made to the 50% figure required for me to voluntary terminate. They advised the client would not accept this. I tried to explain they the creditor did not help with the failed direct debits to which they acknowledged but stated that I should review my account details more effectively. Absolutely no dispute in monies owed, totally frustrated at the direct debit issues ( even though at the very root of this, it was my mistake with the direct debit initially) and moreover the fact that I paid this routinely without hitch for 26 odd months. The fact that I am or was so close the amount paid that would allow me to walk away with the return of the car being around £1,500. I would like to kindly ask for any guidance possible and I suppose damage limitation at best moving forward and hopefully some guidance as to how to manage things better than I have to date and in dealing with the court papers. Thanks kindly in advance to anyone with any input and Merry Christmas!
  9. Hi all, I have just had my 22 day old 62 plate VW Golf mk6 written off due to flood damage. It is on VW PCP finance, insured through Churchill and I purchased GAP insurance from the main dealer. The car cost £24k in total (inc £1k worth of factory fitted extras) but was financed for £17k - the rest paid by £2k VW cashback and my part exchange. Churchill have offered me £19k cash or the option to replace the car under their less than 12 month old 1st owner scheme. Problem is as VW don't make the mk6 anymore so the only replacement I can get is the same car less the £1k in factory fitted extras. This means I will be out of pocket by £1k as if Churchill replace the vehicle they will not give me the difference. I have spoken to my GAP insurance and was hoping to use the £19k cash from Churchill and the £5k from the GAP to pay off the finance company and start again but because Churchill have offered me a replacement vehicle the GAP insurance say they will not pay out the difference and it is up to Churchill to replace the vehicle as it is under 6 months old. I really don't know what to do as I feel I am stuck between a rock and a hard place. Any advice will be greatly received. Thanks
  10. A couple of years ago I was assaulted out side of work. As a consequence, I suffered PTSD and was admitted into a private mental health hospital. After a few months off work on sick leave, I returned to work. My psychiatrist wrote to my then manager saying I was suffering from severe depression and should return to work gradually. I wasn't referred to OH on return to work, I wasn't supported and actually returned full time and moved into a more stressful job due to an office reshuffle. Since I had been assaulted I was very vulnerable, I didn't know at the time we had OH and I didn't want to make a fuss as I had a criminal court case to deal with. I was taking lorezapam, sleeping pills and anti-d's daily. FYI, I work for a large organisation and discovered this year they have OH and always have had! I have email evidence of my struggle over the years with work due to the assault (i.e I didn't respond well at being shouted at in public). The final straw came earlier this year when I had a public breakdown after being publicly humiliated by my manager who told me I was 'too weak to do my job because of my personal history'! A grievance was raised over 6 months ago (still not answered by respondent) and a tribunal was raised in May (ET3 response still not received as the court granted respondent an extension). My question is, can I prove PCP by saying the company could have sent me to OH for review on return to work? OH would then have made recommendations that: - I should receive more support from my manager due to my vulnerability. -My manager could have been asked to attend training to support them dealing with employees with mental health issues. - Comparator: Would it be someone who has never been assaulted or suffered PTSD? My disadvantage: had I been given OH review, recommendations would have been made to provide more frequent support and I would have been able to complete my role as without having another breakdown. FYI, I received less support than my mentally healthy colleagues as they had more frequent 1:1s. I am guessing I can prove I have a disability (the assault lives with and impacts me daily and it always will)? The CPS bought a case against the person who assaulted me and evidence of my PTSD was used to secure a conviction. Many thanks
  11. I purchased a new car on a PCP finance deal through a broker 12 months ago and it has recently come to light that car was pre-registered under a company name and then the broker registered his company as the keeper of the car 9 months into the 4 year contract. Once I was aware of the situation I contacted both the broker and ING (the finance company) to find out why this had happened. The broker has now admitted (in writing) that it was his mistake and informs me he is trying to remedy his mistake with the DVLA. Unfortunately this has now been on-going for over three months and I am still not the registered owner. I am now in a situation where my car tax is due, as is my insurance yet I am unable to do so as i am not the registered owner. Does anyone know if I returned the vehicle to ING, whether I would receive a refund of my £5000 deposit?
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