Jump to content



  • Tweets

  • Posts

    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

CARCRAFT: Am I too late to do Anything? Missold Useless Warranty


Please note that this topic has not had any new posts for the last 4397 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

Not really sure if I can do anything about this, though I have tried!

 

Long story short, I stupidly bought a car from CC 12months ago. Saw it online, fell in love with it bla bla! Anyhow, rang up next day - told it wasn't for sale. Rang later on that day to check and, what a suprise, it was for sale! Told them I was interested in it and arranged to view.

 

After waiting around for around 5+ hours with 3 bored children, a fed up hubby and agreeing to part with my beloved mondeo (which had been mot'd 2 mths previous). We were all herded to a room to fill the forms in. I was told the amount was £128mth. That was the car finance, insurance, warranty etc. GREAT I thought, I can afford it fine :) Reluctantly I parted with my mondeo which was taken in exchange and we all trundled off home.

 

Imagine my first shock when I received the forms from the finance company stating it would be £188mth!! I duly rang them + said I couldn't afford it and that I was told by CC it was £128!! They removed the insurance and I'm now paying £158mth!!

 

My second shock came when I got the MOT done 6mths later. Not only did I need a new exhaust, but also needed a new clutch! I rang CC up and told them that they had knowingly sold me a vehicle with a defect. Of course, they said go to the insurers but they were not liable because of their so called 125 pt check bla bla!! I rang NAC, guess what, not covered, wear + tear!!!

 

How did I know they had knowingly sold a defective vehicle? Well, when I got the original documents at pos (MOT cert, V5) the MOT said an advice note had been issued BUT.... you guessed it, I NEVER GOT THE ADVICE NOTE!!! I checked online and, Lo + behold, the exhaust had been mentioned!!!

 

Ok, so here's my question...... Can I do anything whatsoever about this? Like I say, I rang + rang but got nowhere with CC (Merseyside) and nowhere with NAC. Surely they are in the wrong for selling a car with a defective part!! BTW it cost me a grand to get fixed!! Its a Landrover:roll:

 

Can I also claim back the money I've paid so far for the warranty?

 

Many thanks for reading (sorry it was so long!) Really appreciate any help or advice offered,

 

Jen :)

Link to post
Share on other sites
  • Replies 56
  • Created
  • Last Reply

Top Posters In This Topic

I can't see how the agreement you signed at the sales office should be different from the copy sent to you by the finance company. Were you given a copy at the showroom to take home with you?

 

The clutch and exhaust are indeed wear and tear, but the mention on the non appearing advisory of the exhaust, although not illegal to sell as it was an MoT pass, was obviously hidden by them not giving you the advisory, and can only increases your case for reimbursement.

 

Don't do any telephoning, only correspond in writing.

 

What was the exact date of you getting the MoT and your purchase? If that was inside 6 months, and you talked to them immediately then you can write, enclosing a bill, (copies of the garage bill), and say they either pay the bill or you reject the car and have your money back plus what you paid out on the clutch, (they are not entitled to betterment).

 

I would leave it at that for the first letter and make sure you send it at least recorded or special delivery.

 

See what their response is (although we prob know what it will be), and then we can take it from there with the next letter being a letter before action.

Link to post
Share on other sites

Hi Connif

 

Thanks for reply :)

I bought the car on 1st January 2008 I rang them prior to getting the MOT done + the work as I had gone online to check about the advice note. I had the car checked in May/June as the MOT was coming up - I will update the exact date later today :)

I was given forms when I left showroom, no-where did the final balance mention £188 per month

 

Thanks for helping, I will get the letter written asap and post up before sending,

 

Best regards,

 

Jen :)

Link to post
Share on other sites

Hi again,

 

Ok just went thru my paperwork and this is what I found regarding the MOT + my complaint about the exhaust:-

 

* MOT was carried out August 19th 2008

 

* I rang (CC) them on 8th July 2008 informing them of my findings regarding the exhaust + was told to ring NAC as they could/would not do anything

 

* Rang NAC on 9th July 2008 + told not covered + to take things up with CC

 

* Rang CC again on 9th July 2008 + again told nothing they would or could do. Told them I was seeking advice and lady said she would note this down upon my file

 

 

Right, looking at the main paperwork relating to the agreement this is what I found:-

 

* PROVISIONAL ORDER FORM - This shows in BOLD the amount per mth as being £128 / 129

 

Thers a confusing bit which I dont get how they got the figures, simply put in cash loan (price of car I assume!) It states £4589.00 yet further down it states in cash price inc VAT for new Goods £4689.00!!! The car was secondhand!!!!! And those figures are BEFORE interest AND insurance ANd the warranty!!!! Well + truly stiched me up by the looks of things!

 

Absolutely nowhere does it mention a price of £188 per month, which is what a letter I received from GE Money stated the amount per month was.

 

Like I say, I cancelled the insurance but I still have the warranty attached. I'm confused because the document has 2 different boxes which has Insurance/Warranty/Loan above it!! One says including IPT - what on earth is IPT??? Strangely, this one is for £995.00 but other one is for £748.03!!!

 

I will try scan this up tomorrow so if anyone can help that would be really really appreciated, I'm sooooooooo confused, not a clue now as to how much I will actually end up paying out.....

 

Grateful thanks to all as ever,

 

Jen :)

Link to post
Share on other sites

ipt

 

thats insurance premium tax

that is payable on all insurance policies paid

if the insurance is cancelled that should have been refunded

 

the figures for this tax is beyond me

HOW MUCH DID THESE INSURANCIES COST

 

its normally 10% of the premium payable by the insurance company, not you

 

who is the finance company

Link to post
Share on other sites

Hi there,

 

Thanks for reply :)

 

The finance was done through GE Money

 

Heres the figures, pls bare with me :)

 

KEY FINANCIAL INFO BOX

 

(Cash Loan: £4589.00) (Insurance/Warranty/Loan: £995.00) Total= £5584.00)

 

Mthly Pmts of Cash Loan = £129.89

Mthly Pmts of Ins/W/Loan = £28.16

Final Pmt(consist of option

fee + Admin Fee =£299.00 (total, i not told about this!)

APR = 26.8% on all except Final Pmt.

 

Below that there is another box, here's those figures:

 

Cash Price For Goods inc VAT for new Goods = £4689.00

Cash Price For Insurance/Warranty/Loan = £995.00 inc IPT

 

Below is yet another box!! The figures are as follows:

 

Total Charge For Credit on Cash Loan = £3449.97, Interest = £3204.25

Total Charge For Credit on Ins/Warr/Loan = £748.03, Interest = £694.75

Thereby giving a....

Total Charge Credit = Grand Tot of £4198.00

Total Charge Interest = Grand Tot of £3899.00

Many many thanks for your help and advice regarding this,

 

Jen :)

Link to post
Share on other sites

can you post your agreement please

deleate personel details but leave in the figures

google photo bucket

 

interested in the total charge for credit on insurance fee/warr/poss acceptance fee

 

realy need to see agreement

Link to post
Share on other sites

Oh also, what it is I not sure about is whether or not the figures for total charge for credit, interest are on top of the cash loan!!! by my reckoning that is ummmm omg it is beyond me to eeek!!

 

Jen :)

Link to post
Share on other sites

Hi,

 

Have made bigger on the site heres the link, hope this is clearer than before :)

 

http://i443.photobucket.com/albums/qq157/LoopyLou22/CARCRAFTDOC001.jpg

 

Sorry for sounding thick, but whats the default notice? I have no arrears on my payments, well, not yet anyhoo!

 

Many thanks

 

Jen :)

Link to post
Share on other sites

Just looked and it is a bit clearer on the 2nd link, I had to right click to make it bigger... wasnt sure how to upload as a bigger file :(

 

Thanks for your input, all help + advice is greatly appreciated :)

 

Jen :)

Link to post
Share on other sites

Oh also, just checked the initial letter from GE Money in relation to paying back on the car finance, they state....

 

As specified on your agreement, your first payment of £186.50 includes a £0 Acceptance Fee - a contribution towards the arrangement costs of setting up your account - and is due on 2nd February 2008.

 

Nowhere that I can see upon the paperwork in the link is there any ref to this payment!! Needless to say, I rang up as soon as I received that and got it to £158 per mth.

 

Jen :)

Link to post
Share on other sites

hi loopylou

 

ive spotted a few things that i am having checked out so its not gospel , but looking good

 

the big con with these agreements is acceptance fee included in the total ammount of credit. that is you are paying interest on some thing not conected to the vehicle.

yours is addmin fee

 

the other insurancies also cannot be included in the total ammount of credit also

double checking that on but sure its correct

 

last thing

 

the insurancies must be on a seperate part of the agreement.

in other words

 

you sign and date for the car finance,

then in another section, sign and date again for the insurancies, which must be kept seperate

 

ill look up to confirm as well as getting more comments from our more experienced caggers

 

looking good

 

glad you have sussed photo bucket

Link to post
Share on other sites

you say you got it down to 185 per month

did you sign anything to modify the agreement

if not

agreement not executed properly

poor finance company

there mess up

Link to post
Share on other sites

Hi,

 

No initially I was lead to believe that the total amount was £128/£129 per mth

When I received letter from GE Money, that was when they said first payment was £186.50

I rang GE money and the amount per mth was reduced to £158 per mth

No mention anywhere about it being £186.50 on any other paperwork I signed at all!!!

 

Jen :)

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...