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  1. Hi all. I originally had a debt with HFC bank on a credit card to the tune of £9838. My monthly payments were 172 and suddenly, Weightmans wrote to me threatening me with a CCJ if I did not consent to a voluntary legal charge. They refused to accept my £172. To cut a long story short, I did agree to the charge because at the time, I was under severe emotional stress - my Dad was dying from a terminal cancer, which Weightmans knew! I have just received a letter saying that I can get a 50% reduction on the debt! But: I cannot afford this right now even though there is a charge on my home. What I have noticed is that Weightman's client is now Phoenix Recoveries UK LImited S.a.r.l. Can I CCA Phoenix, or is it best to CCA Weightmans. The card was staken out in 1998. Also, if I DO CCA them, will they get frisky and threaten me with getting me to sell the house. I do have aletter from them saying it was not their intention to do this which is why I agreed to the charge - stupid, I know. Any advice greatly appreciated xxx
  2. Hi All, I am looking for some help, my husband has recently passed his driving test but only has an automatic licence and we are in the process of changing our car. We have already been accepted for finance for a new car with another company with better rates. We took out HP finance with Advantage Finance in July 2016, the agreement was for 54 months. If my calculations are correct we have made 29 payments back which is over the 50% they state you need to pay before you can proceed with a VT. I have sent an email and letter to inform them I was to terminated with immediate effect and I am awaiting their reply. (I have attached a copy of the letter/email sent) I have never been in this situation before and want to know what my next steps should be? I have never been in arrears with them, never missed a payment or been late with a payment. I just made a payment for the car on the 26th January 2019 (this would have been payment 29), should I still make my payment in February on should I cancel my direct debit? I have been reading quite a few threads lately on dealing with Advantage when proceeding with a VT and I am petrified they try and charge us extra for scratches etc. that were already on the car when we originally purchased it. I will take lots of photos before it goes back, I have had it professionally valeted and washed also. Any help is much appreciated.
  3. hello any advise would be greatly appreciated. 6 months ago we bought a Audi a3 on finance over a 4year contract after a few weeks the Audi started cutting out while driving and would roll to a complete stop RAC called out recovered to a garage after a week no faults were found and we collected the car this started happening on a weekly basis after an hour or so the car would start and go until it cut out again. we got in contact with the car sales garage they agreed to cover any costs as long as it was not caused through wear/tear rang finance company and made a complaint. after 5 & half months 3 different garages including Audi themselves and multiple RAC call outs nobody can find a reason to why this is happening. call finance company to ask if I could vt the finance to which they informed me they hadn't started the complaints procedure the first time I complained (about 15 calls ago) and I only had 10 days left to be within the 6 months fix or replace policy. the last 2 weeks of jumping through hoops more fault finding ideas, diagnostic tests, road test through main dealer (still no solutions) and letters from previous garages for evidence of fault as requested by them. I received a call today saying as there not enough evidence to prove a fault they are going to close the complaint and allow me to voluntary terminate the finance agreement and there will be a bill of 5250 pound plus cost of recovering the vehicle as its unsafe to drive.:-x:-x I have no idea where or what to do at the moment so any advise on this would be great. thank you for taking the time to read this
  4. Hi We had a car for 4 years with VW - the lease ended in March 2018 - they collected the car in September 2018. We have today been presented with a bill for £1368 from a solicitor (Blake Morgan) acting on behalf of VW - they have listed to damages and the cost but it is outrageous - any ideas how this can be challenged?
  5. As i understand it I can Voluntary Termination at any time but will be liable to 50% of the total agreement. I intend to VT my HP agreement however I am £93.00 away from 50%. If I send notification of VT on Monday along with a cheque for £93.00 would this be accepted?
  6. Hi all, Im just after some advice…. I am currently in a IVA and when it was accepted allowances were made for my car payment to black horse. To cut a long story short, things have changed rapidly and my income has stayed the same, well it’s actually due to go down and my expenditure is going to rise. This means that I can no longer afford the vehicle that the allowance was made for. Im ok with that, My dad is going to gift me an old car to be able to run, and on completing my income and expenditure form, if I get rid of the current PCP vehicle then I can still afford to live etc and afford my payment to my IVA. I have spoke to my IP and they have said that I can terminate the agreement with BH and the negative debt will be passed on to my IVA as it was taken out before the IVA was accepted. (So I get all that) However…… I have spoke to BH over the last couple of days and they have told me that I must write a letter Voluntary Surrendering the vehicle, drive it to an auction house and they will pass the liabilities to my IVA. BUT. The figure is massive! I purchased a car on a PCP plan for £31,650.98 with zero deposit The total I would have to pay would be £38,207.62 (including balloon) My monthly payments are 47 payments of £455.46 followed by a final payment of £16,801.00 I have currently been in the agreement for 12 months (again circumstances changed quickly due to no fault of my own) So that is £5465.52 I have paid. My current settlement on the Vehicle is £28,846.49 The vehicle is worth currently £24,000ish trade value. They have said I need to Voluntary Surrender the car and my liability is £14093.75 which will be passed on to the IVA. BUT how is this if my settlement is £28,846.49, shouldn’t it be closer to £4846.49? Is this the same as a Voluntary Termination? or is that more expensive/cheaper? Im just a bit stumped how my settlement can be 29k and they get 24k back and still want the remaining settlement including interest when I no longer pay monthly or have the vehicle? I need to get this sorted, as my insurance for the car is due in a week and I do not want to/can afford to insure it. Please advise and thank you in advance Also just to add, as this might change things quite a bit, I received a letter from BH when I did my IVA saying that they intend to terminate my agreement on 27th March 2018 under section 76(1) of the consumer credit act 1974 as I had made a application for a voluntary arrangement.
  7. I have a vehicle on finance from Trax Motor Finance which is just short of the halfway mark. Due to ill health I a no longer able to drive it so I sent a request to voluntary terminate using a letter template from this site. I sent I recorded and they have signed for it and acknowledged it via email. I know that there will be some liability left to see the agreement to the half way mark and have detailed this in the VT sent to them. They are insisting that I contact them via phone to sort out the details but I have replied on several occasions that I will only communicate via email or letter so that I have a paper trail and that I am not contactable by phone as I am currently in hospital. I have sent a second recorded letter reiterating the request with a copy of the original request which they have also acknowledged and again insist that I contact them by phone about my voluntary surrender. I have replied very sternly and pointed out many times that under no circumstances do I want to voluntary surrender and pointed out many times that it is a voluntary termination request . They say that they cannot communicate via letter or email due to data protection. I then pointed out to them that I have received several communications from them via email and letter discussing personal and financial business so data protection has nothing to do with it when it suits them. I have threatened them with the FCA as I am getting nowhere with them and I have a car that will be rotting away on my drive if they do not take it away but what else can I do now as they are refusing my VT request unless I speak to them on the phone.
  8. Hi, I am after some advice regarding bankruptcy and voluntary repossession. After losing a previous job, I am approx £8k a year down on my wages. I am currently in arrears on my credit card and loan repayments. Up to now my mortgage is up to date, but despite my best efforts to cut back on expenditure I still cannot make ends meet. I do not want my house anymore as there is work that needs doing to the property I have no way to finding the money or repaying it if I did. What I have decided to do is fie for bankruptcy and ask the mortgage company to voluntarily repossess the property. I have read everything which I hopefully need to know regarding the debt, shortfall and not signing any deed of acknowledgement. However, my plan regarding a place to live has fallen through and at the moment I am not in a position to have all the money needed for a deposit elsewhere. My question is once I file for bankruptcy and continue making the mortgage payment, can I hold off asking for a voluntary repossession for say 6 months. Obviously I will request a repossession before the end of my bankruptcy/discharge, but can I actually do this or would the OR not allow this. I have searched high and low but cannot find a definitive answer other than asking for a repossession when going bankrupt. Any feedback would be much appreciated. Thanks.
  9. I have a car I've paid over half of and wish to return. I emailed them Friday to a previous correspondence address, no reply, I called them yesterday morning and "no one was available right now in VT department" they gave me a direct email address, still no reply. I want this returned by 20th as I'm going away, can I force them in to a speed up? What is reasonable notice? also does mileage penalty apply to the halves rule? The wording in my document says "You have the right to end this agreement. To do so, you should write to the person you made your payments to. They will then be entitled to the return of the goods and to half the total amount payable under this agreement, that is £11891.97. If you have already paid as least this amount plus any overdue instalments and have taken reasonable care of the goods, you will not have to pay any more." That seems pretty clear to me there is no more to pay?
  10. Hi Hope someone can advise if they have done this before. I am nearly 3 years into paying a 4 year hire purchase with first response I have been told as I have paid 50% off I can hand his car back via VT. If I was to trade my car in for a new car I would be £1500 in negative equality. I have been accepted by car finance for a much better deal but said I would be better to refinance than VT, of course they are gonna say that as they are a car finance company but told me if I do this I would struggle to get car finance. I have already been approved so would this show up on record to them? Would it really affect my chances getting car finance with them? They are trying to get me to trade in and add what is left to a new loan which bumps up monthly payments quite a bit Really just wondering if I VT can car finance then revoke my successful application. I am paying well above odds for my current car as credit score was bad but now it's better I want a newer car at a cheaper monthly price Any help appreciated please
  11. Hello I was put at risk of redundancy , the letter said they would consider volunteers but no guarantee, was intending to leave later in the year i volunteered . had a one to one with the director and said i was interested , have worked there for over 10 years so the payout was considerable and would help with my new venture . The request was refused. There are 2 positions and 4 people , have un offically been told one of the roles is mine even though i said dont want it, was un offically told they want me to take the job as if i dont they will be forced to give it to one of the people they want to get rid of . have a very good relationship with the director who said if i stay until all the dust settles he will try let me leave before the 3 months notice is up maybe 2-3 weeks early but this wont help me much . The whole thing stinks tbh why offer someone a job who has told you they're intending to leave , also i will have to put in my notice during the 45 day redundancy consultancy period and not sure how that would work . i have not spoken to HR yet as this will cause issues but im seriously considering going to Hr . Need some advice please asap . Thanks
  12. Hello, I have a car that is on HP from Advantage Finance. I have contacted them regarding a Voluntary Termination of the HP, and am currently awaiting a reply from the company regarding what I need to do next. Meanwhile, a few questions popped up in my head: 1. Would this affect my credit rating? 2. I have not serviced the car in a while (about 10k miles overdue), and the car has a couple of minor dents and scratches. If I fix the cosmetic issues and service the car now, will they still charge me for damages incurred, etc.? 3. Is there anything I need to watch out for with regards to doing this? Ive read that finance companies tend to draw the whole process out aslong as possible so that payments continue for a while. Would be nice to hear from people who have gone through this process so I know what to look out for. Thanks for replying. M
  13. Hi, my wife is 28 months into a 36 month PCP agreement with Ford. The car is becoming unaffordable for her and has contacted the finance company to discuss VT. they have said she can as she has paid in excess of 50% but are stating excess mileage charges will apply. because she was sold this car with 6000 miles allowed which was never suitable, she has gone over that and would owe around £550 in mileage. if VT'ing the car is this amount still payable? ford are telling her it is. there are mixed views over the internet.
  14. Hi We are currently in dispute with a builder. We have taken all appropriate pre-court action steps and are now at the point of submitting an N1 form to kick off a claim. Could someone tell me if any supporting evidence is supposed to be enclosed with this claim form? Or will this be requested later? We have quite a file of letters and expert reports and we are not sure at what point these come into play. Also, (maybe a silly question but I want to do this right). If there is not enough form for the particulars of the claim in the space provided, can you use this space plus another sheet or are you only supposed to use one or the other i.e. it does give the option of 'attached.' I reaslise these particulars are supposed to be fairly concise. Thanks in advance.
  15. Evening all, I could do with a bit of advice please. In January 2016 the wife and I took finance out on a car with Advantage finance. Unfortunately our circumstances have changed dramatically in that time and we can no longer afford to run the vehicle. We have been in contact with StepChange debt charity and they have gone through our finances and the only logical way forward for us out of a bit of a mess is to Voluntarily terminate the agreement and give the car back. We will still owe money on the vehicle as we haven't paid half the finance agreement, but StepChange have said we will deal with that once Advantage have got the car back. The advice I need is on the collection of the vehicle. The vehicle has no major damage to it - no dents or rust etc. There is a little scratch in the door which was there when we bought the car. Advantage have been really pushy on the phone to my wife already - to the point of bullying. I can understand from their point of view, in that they lent the money in good faith, but we are not burying our heads in the sand here, we are trying to do the best thing. On the phone they said any any marks or damage to the car would be charged. It is a 10 year old car, so of course it has the odd blemish here and there and, as I said, a scratch. What constitutes 'fair wear and tear'? Can I argue it at all if I don't agree with their assessment? What should I do if the person that comes to collect the car puts on his inspection sheet that it has a scratch etc? I am tempted not to sign it, or sign it as I am accepting they are taking the car but not accepting there is any 'damage' to it. As I said the car is in as good, if not better, condition than when we got it. The other thing is they are coming to collect the car Friday. They have said they are going to charge £80 to collect the vehicle. Now, StepChange have said they are not legally allowed to charge to collect the vehicle. I have read online that they are not allowed to charge. Does anyone have a definate answer as to if they can or can not charge to collect this car. In the grand scheme of things £80 is a drop in the ocean to be honest, but it is more a point of principle. Any advice would be most appreciated.
  16. my job center adviser mentioned voluntary placements. and said it would look good on my cv. i told her i only finished a mwa program a few months ago , and told her i don't want to work for slave labor in the same job Ive been doing over 40 years and it will not help. she then asked me to go around local company's volunteering my services for free, don't they listen? she said this wont go away i will be discussing it on are next appointment , what can i do can they make me volunteer with the threat of sanction.
  17. Hi there, I am hoping to get some advice. I purchased a car using finance from Barclays Partner Finance at the middle of last year. At the start of this year I was expecting a bonus from work and stupidly overspent over the festive period. T he bonus didn't materialise until the end of March and I missed 2 payments as I had to juggle my finances and at the time, the car payments seemed the lower priority. In March I was sent a letter which said I needed to clear the arrears within 14 days or they would issue a default notice. This took me quite nicely up to pay day when I was receiving my bonus. However, rather stupidly, I tried re-arranging some of my debt to reduce charges etc which meant I was 5 days late making the payment. I did try calling them on the number provided which was an automated system which told me I was £570 in arrears (3 months - another one must of been added on early as it wasn't due until April). There was an option to let them know you were intending to pay which I selected and entered the date that I would be making the payment. I then made the payment on this date bringing the account back in order. Yesterday, I returned home to find a letter from a solicitors telling me that they were acting on behalf of Barclays and that they want the full outstanding balance of £11,117 paid or they will recover the car. It states that I have 2 options, pay in full or surrender the car. It states that they will begin court proceedings to repossess the car if I do not contact them by the 17th. I tried phoning Barclays to explain that I thought the account was brought back in line but was told it was showing as closed, and that the department I wanted to speak to was now closed. I also went through the automated system which said my account owed 2 payments (it should only be 1 - this months). I have the money to pay the 1/2 outstanding payments and my finances have returned back to normal. I would rather not give back the car but I do not know if that is any longer an option? I have not been able to speak to the solicitors as they are only open when I am at work. I live in Scotland and have NOT paid over 1/3 of the total HP loan since it was taken out. Any help or advice is most appreciated!!
  18. Hope you can advise! Daughter (21) has car on PCP finance with VW finance, paid for 18 months so still has 30 months left. She is going to Australia to work but we dont know what to do with the car. We're not in a position to take over payments an run the car, ideally we want to give it back. We know we might be liable for outstanding debt. Any advice will be welcome. Thanks. PS Its all in her name, we're just helping sort it out as parents!
  19. Got a work experience interview tomorrow to work in a charity shop working through the back got it when I went in to do my daily sign on does it last 6-8weeks ? If am not happy with it can I get out it after 2or weeks or some? Just like some feedback on it. Anyone worked in a charity shop for work experience before via job centre And what hours and days? And was it through the front of store or back of store? Hope to hear back
  20. Hello all. I hope I'm in the right place. My pension fund has taken a LARGE (£1000+) amount out of my recent payslip. I did not request this additional deduction, but they are arguing that I applied for it online by logging in through my workplace portal. Again I have no knowledge of this, so I immediately changed my login details. However, they are refusing to return the money as they feel they have done nothing wrong. I cannot afford to lose this money. Please tell me where I stand in terms of getting it back? Thank you.
  21. I have a question re the above, not sure if this is the correct place for a general question. Some years ago Cabot took my wife to court over a Barclaycard account, although there was no signed agreement, my wife and I disputed the amount, we were advised by the judge to enter into a Tomlin order agreement. We have been making regular payments on that ever since, making sure we don't default. It is my understanding that a Tomlin order is old fashioned and it has now been superceded by a IVA's. I further understand that these IVA's run for a maximum of 5 years, after which the account is deemed cleared. Is this correct, and if so does this apply to our Tomlin order? Just as an aside to this I heard on the radio last week that some people who had entered into an IVA and had paid for five years AND had received a final 'completion' letter from their creditor, found that if they had any sort of windfall (such as a PPI repayment) suddenly got a new demand for repayment even though they had a completion letter. It was thrown out by the court but they tried it on.
  22. To cut a long story not at all short, after trying all other avenues I have asked my mortgage company to repossess the property I own jointly with my estranged husband. We split 6 years ago, and the property is rented out to cover the mortgage. My ex has pretty much done a bunk, refuses to tell me where he lives, and will not pay anything towards repairs & maintenance etc. He has previously stalked & harrassed me so I am also refusing to give him my address. I have previously spent nearly £3,000 on pointless letters between our solicitors, acheiving nothing. He point blank refuses to sell, refuses to pay any charges, and will not allow me to pass on the management of the rental to a property management company (the tenant is friends with my ex & reports everything straight back to him, so my ex cancels appointments with agents etc. The tenant is also extremely hostile & uncooperative towards me & towards workmen carrying out repairs). I have offered to sign my share of the property over to my ex, to waive any right to any profit if we sell & so on, but he just refuses to accomodate any suggestion. The property is in poor condition (thanks partly to neglect from the tenant) and requires updating, including me having to pay £3,000 for a full rewire recently, and £1,500 for flooring renewal. The rental income is covering the mortgage but not the cost of the repairs etc, so is running at a loss. The mortgage is for £140,000, and the value of the property is £135,00-145,000 approx. It's been 6 years now and I just want to cut all ties with my ex and with this property, the stress of the finances, dealing with an abusive tenant etc is making me ill. I have been advised that I can take my ex to court & force a sale, but that if he cooperates this will cost around £2,000, and if he doesn't cooperate, up to £10,000. I understand there will probably be a mortgage shortfall after repossession, but would I be able to arrange an affordable payment plan? I'm a single parent to a toddler, working part time. Could the ex also bring the repossession to a halt if he feels like being difficult? Or, if they manage to track him down, would he be offered the chance to take on the property solely, and my name be taken off the mortgage? Would we both be expected to go to court for the repossession? I am still scared of him, and scared that if the property is repossessed against his wishes he'll take it out on me. When I spoke to the mortgage company to request a voluntary surrender, they said I will need my ex's consent! When I explained that he will not consent, they advised me to stop paying the mortgage for 3 months and this will begin the repossession process. I do understand that repossession is not to be taken lightly and is usually not advisable, but I can see no other option. Thank you in advance for any responses
  23. just got back from joke center.where i was told to start looking for charity work ,i did the mandatory 4 weeks work trial a few month back now she says i need more recent experience on my cv . even though i have a 35 year reocord of working. im nearly 60. i told her i think its my age why im getting no interviews ,she said its nothing to do with my age being nearly 60. what will happen if i dont get a voluntary job ,why should i be forced in to it at my age.
  24. Hi, we've all been offered voluntary redundancy, ahead of 'proper' redundancies later in the year. It's a big firm, so a vanilla online 'calculator' has been setup for us to get a quote on the package. However, I have a concern around the notice period in lieu being offered. Rather than it being per my contract, they look to be basing it on length of service. (But clearly calling it Notice payment, not Stat pay or Additional Service Pay). So I'm being offered 9 weeks, rather than the 13 in my contract. Some who I've spoken to has suggested that with VR, it's all based on mutual agreement, so if I agree to 9 weeks, that's what I get. But reviewing CAB's website suggests that VR is still a form of dismissal, and so surely notice should be per my contract? Does anyone have any knowledge on this? And, if I 'accepted' 9 weeks, could I later point out that my contract was different and force them to pay the remainder, or am I out of luck by then? Been full-time permanently employed for over 7 years, and there is no specific PILON term in there. *Actually, there is a further clause in my contract suggesting I get an additional 1 week notice per year worked, which would bring it to 20 weeks. I imagine this was an error, but is there on paper signed by both parties - but would want to understand the broader legal position before I challenge / raise that point!
  25. I currently work as a web editor employed in a department that is undergoing consultations pertaining to a potential restructuring that could take effect in a month's time. I've been in this role for four years. They've sold this restructuring as only a "proposal"; one that will be subject to our input as they try to refine a new system that everyone can "agree" to. So far the process hasn't resembled anything close to democracy (as one would expect) so when it inevitably goes ahead my job will be disestablished within about 6 months or so. There are three web related roles in the new structure but I have issues with them and consequently made the decision to ask for voluntary severance. One of the roles would place me on a lower pay grade. The other two roles are the same pay grade but lean towards more general administrative duties that would conflate my more technical present role with communications, marketing and strategy responsibilities that I really don't care for. I don't want my career to veer off in this direction and I don't have the skills or experience to complete some of the additional duties highlighted within the new job descriptions. My request for a voluntary severance offer was refused on the basis that this was "not in [their] interests". This makes me worry about what will happen next. My suspicion is that I will be judged to be "suitable" for one of the two aforementioned roles and thus be deemed not to be legally redundant. Ultimately of course this would allow them to escape the golden handshake should I still choose to walk away, as they will probably try to argue that my refusal to accept the new post would be "unreasonable". My question is am I likely to be able to escape this place with a pay-off under these circumstances or will I just have to resign? Section 141 of the Employment Rights Act is frighteningly vague about how "suitability" or "unreasonable refusal" are determined. Apologies if I've been too vague about anything, I'm trying to detail the issue without being overly specific. Thanks, Stylus.
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