GMAC Car Finance

[adzya]

Here's the rest of the docs:

 

 

 

[pt2537]

 

Well according to DualCalc, something isnt right as the total amount payable based upon those repayments means that the total amount payable is £9832.80 not £10682.80 as the agreements states so i think they are in the brown smelly stuff, if im correct that is

[adzya]

 

Well according to DualCalc, something isnt right as the total amount payable based upon those repayments means that the total amount payable is £9832.80 not £10682.80 as the agreements states so i think they are in the brown smelly stuff, if im correct that is

 

What would you advise I do from here? Not been in this situation before so I am unfortunately naive and clueless!

[pt2537]

Hang on, you mention PPI but its not included in the agreement anywhere, plus the Total amount payable seems to be all over the place too,

 

if you can bear with me, i would like to get a second opinion on this

[adzya]

Ok will do - thank you, appreciate all your help immensely.

[adzya]

Just out of interest.. why should you never sign a letter to a DCA?

[pt2537]

It has been suggested that they could use your signature fraudulently so if you dont sign then they cant do it

 

 

can you just confirm, where in the agreement does it show the payments for the PPI? i cant see it anywhere apart from the tick in the box

[adzya]

It has been suggested that they could use your signature fraudulently so if you dont sign then they cant do it

 

 

can you just confirm, where in the agreement does it show the payments for the PPI? i cant see it anywhere apart from the tick in the box

 

The only payments I have seen for the cost of the PPI is on the default notice that got sent where it says I am in arrears..

[steven4064]

pt

 

I checked the calcs - £7100 paid by 60 x £163.88 is 14.5% APR. You are correct that total payable shown on page 8 (post #26) is wrong (but it is not a prescribed term).

 

TCC on page 7 is correct (£2732.80) but I've no idea what the 7.1% interest is supposed to be.

 

As you say, PPI is conspicuous by its absence.

 

PPI is only mentioned on the page in post #15 (also page 8 as it happens:confused: and the only page with a signature) and no charges appear anywhere.

 

This 'agreement' is a right old muddle.

 

Going back to basics - can they claim a "document signed by the debtor (...) and containing the prescribed terms" - 'cos I can't see it!

Edited May 29, 2008 by steven4064

[pt2537]

Ok well, providing that what you have posted is the full document

 

im gonna stick my neck out and say in my opinion it is unenforceable as it has incorrect amount of repayments

 

to repay a sum of £10682 the repayments would need to be £178 per month not the repayments that it says on the agreement

 

also the agreement is improperly executed as it is not signed by the lender and as a result they cannot enforce it without a court order, and they are IMHO unlikely to get a court order as the prescribed terms are misstated

[adzya]

What should I do then - write to them telling them the agreement is unenforceable and requesting my money back? What would you advise?

[pt2537]

Hi,

 

Right bear with us, i would like to ensure that we have this right, the last thing i want to do is give you the wrong info. so i want to go over the regulations just to double check for my own peace of mind

 

leave it with us and we will post up a suggestion letter to send them

[adzya]

Ok thank you, while you are doing that I will triple check I have no more documents from them! Appreciate all your help

[adzya]

couldn't locate any other documents so I will wait with anticipation for your reply!!

[adzya]

Received a letter from the saying that I need to take the PPI query up with the garage and that the default still stands - even though I haven't defaulted!! help please!

[adzya]

How does this sound and have I got everything right?

 

Dear Sir,

I am in receipt of your final response letter and it does not seem to resolve any of the queries I have raised so I will include extra information for your consideration.

Enclosed is a section of the CCA – you will see that where PPI is mentioned there is no cost.

Yet on the default you issued on 21 May 2008 it says I am in arrears for PPI, can you please justify why I am paying for this if on the CCA it says there is no cost.

Also on closer inspection of the CCA the figures do not add up, to repay a sum of £10682.80 the repayments would need to be £178 per month not the repayments that it says on the agreement. Something is not right as the total amount payable based upon those repayments means that the total amount payable is £9832.80 not £10682.80 as the agreements states.

I expect to be reimbursed in full for the cost of the PPI or I will be asking the FOS to investigate this matter, as I believe I have been unlawfully deprived of money.

Also, you have not justified your reasoning for the second default notice you have enforced, I would like you to reconsider this as I have not defaulted under the payments agreed with Close Assistance.

Yours sincerely