K.M.Investigations Birchwood Warrington.

[davey_weir]

and what to do:

 

Basically I bought a Ford Focus about 3 years ago. I lost my job after having it for about 10 months and couldnt afford to keep it. I spoke to my friend who told me to voluntary terminate the agreement, whereby I give the car back and they sell it at auction and thats it.

 

I did this, and thought no more of it.

 

A few months ago I wanted to apply for credit. I was refused and wanted to know why. I spoke to my friend who works at the place I got the finance with and he said there was no details for me on the system, which was great (it was a default from o2 which is incorrectly placed on my file - thats a different thread though!)

 

I have just had a phone call, on "Private No." by the way, saying that it was regarding a loan with the Royal Bank of Scotland. I denied all knowledge. She said it was for a car. I said I had never had a loan with RBS. She said that they had taken the car from me and sold it at auction. I said oh yeah thats with Capital Bank, who have told me its all settled. She said she would send it back.

 

I spoke to my friend who told me to call collections. Collections tell me they sold my car at auction for £6282 and that I still owe them £8200. I told them this was inaccurate. They told me that when I was sold the car a personal loan was taken out NOT a Hire Purchase agreement. A Hire Purchase agreement would have allowed me to give the car back and walk away. I told them it was a hire purchase agreement and she told me it wasnt. I informed them that there was no physical way I could pay the "outstanding amount" and nor would I be. She told me that the conversation was at Stalemate and that the KM investigation agents wouldnt be sending this back to them. I informed them that they already had and she told me that they would explain to KM what had happened and would give it back to KM.

 

What can/do I do from here. This hardly seems right or just. I mean the first I heard of there being a personal loan was about an hour ago! I was always told and under the impression it was a HP agreement.

 

Also, there is no way I am paying that amount of money back, I may aswell give it to charity.

 

Any advice is welcome - please!!

[reallymadwoman]

1. Stop talking to them on the phone, unless you can record it. You will have no record of what has or has not been said.

 

2. Do you still have a copy of the agreement? If not, ask for a copy. It's letter N in the templates, send a postal order or get someone else to write a cheque for you, do not sign the letter but print your name, and send it 'recorded - signed for'. You wouldn't want someone doing a cut and paste job with your signature.

 

3. When you get the agreement, if you're not sure of anything post a copy on this thread (after removing your personal details) and ask for opinions.

[42man]

Good advice from RMW above.... send off for a request for your agreement to the original creditor - you need to send this by recorded/guaranteed, enclose a £1 postal order and DONT HAND SIGN....

 

Bear in mind that if they don't provide this in 12+2 working days then they are in default of your request, and that means while they haven't provided it, then the debt is unenforceable...

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

[reallymadwoman]

I forgot to add

 

At the top of your letter put 'I DO NOT ACCEPT THIS ALLEGED DEBT'

[davey_weir]

I actually have a recording of a telephone conversation with a rep from Cap Bank. In it he quotes the reg of my old car and I ask him as far as he is concerned nothing is owed and he says yes nothing is owed. But then he goes in through my post code and tells me he has requested a copy of my agreement which will be sent out by the end of next week.

[42man]

Keep that recording VERY safe.....

[davey_weir]

I have dont worry. My friend has just rang me to inform me I had PPI on the agreement covering unemployment. This means that when I said I lost my job and told them to come take the car they should have gone down the PPI route for a maximum of 12 months unemployment. I was back in work 4 months later and havent been out of work since. Therefore I should still have the car and all of this should have been avoided.

[davey_weir]

UPDATE

 

Received a copy of my agreement today. It says I had "Creditcare 1" on the agreement which, in the significant features and benefits section states

 

"Unemployment Insurance

We will pay monthly benefit(s) up to a maximum of £1500 per month if you suffer involuntary unemployment. You will be eligible for a monthly benefit to be paid after you have been unemployed for a minimum period of 30 days. Further monthly benefits will become payable for each complete 30 days you are unemployed up to a maximum of 12 payments in respect of any one claim"

 

This means that the insurance I was unaware I had on the policy could have avoided all of this. I spoke to an advisor who said as it had been passed to an "external agency" there were no notes as they had been "archived." But, if I sent £10 in with an S.A.R then they would provide me with every note of every conversation with an advisor within 40 days of the request.

I asked who I could complain to and received contact details over the phone.

 

Shambles this. Any opinions??

[MARTIN3030]

Re: K.M.Investigations Warrington

 

Although this is an old thread,I am updating it with further information which anyone searching should find may be useful.

 

Here is some details from their Consumer Credit Licence;

 

Licence Number:0328298

Licence Status:Current

 

Current Applicant / Licensee:

 

Name Kenneth Thomas Dowling

 

Categories:

 

Credit brokerage Debt adjusting/counselling Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Trading Name(s) (Current):

 

K M Investigations

 

Trading Name(s) (Historic):

 

K & M Investigations

 

Issued Date: 05-Dec-1991

Expiry Date: 17-Jan-2012

 

 

Legal Formation:

 

Sole Trader

 

Nature of Business:

 

Debt Collection

 

Current Address(es):

 

Address TypeAddress Principal Place Of BusinessSuite 103-104, Lovell House, 412 The Quadrant, Birchwood Park, Birchwood, Warrington, Cheshire, WA3 6FW

 

Historic Address(es):

 

Address TypeAddress Correspondence7, Carrington Close, Locking Stumps, Warrington, Cheshire, WA3 7QA Principal Place Of Business22, Marsh House Lane, Padgate, Warrington, Cheshire, WA1 3QY Principal Place Of Business7, Carrington Close, Locking Stumps, Warrington, Cheshire, WA3 7QA

 

It was formerly in the name of Kenneth Thomas Dowling,but the K.M Investigations was added,as can be seen from historical CCA entries.

 

It appears the K.M is reference to Kenneth and the M -to Maureen both Dowling.

The historical addresses listed showing Locking Stumps and Padgate,are both residential areas.

Birchwood Park is part of the former UKAEA site at Risley,and the Quadrant has evolved offering office space.

 

K.M also reference tracing on their letterheads in the form of [email protected]

They also give 2 local Warrington telephone numbers.

 

Having seen recently one of their demands for repayments sent to a friend of mine,I am concerned very much by the ambiguity of the letterhead.

There is no Vat number,No company number (if it applies)

I am in the process of doing checks on any registration with the Information Commissioner.

Any one with help or questions about this company should post a new thread in the debt collection forums.

This thread will now be closed,should you need further specific help or questions send a report to site team by the black triangle.

Anyone with information they feel should be looked at can also send it to me by pm.

[MARTIN3030]

Added;

 

ICO licence is current to July 2011

 

Registration Number: Z5509470

Date Registered: 03 July 2001 Registration Expires: 02 July 2011

 

Data Controller: KEN DOWLING

 

Address:

SUITE 103-104 LOVELL HOUSE

412 THE QUADRANT

BIRCHWOOD PARK

BIRCHWOOD

WARRINGTON

WA3 6FW

Other Names:

KM INVESTIGATIONS