Toyota Financial Services Help Please

[Guest dvdriley]

On Spet 29th 2008 I wrote to Toyota Financial explaining that as my financial circumsatnces had changed I wanted to voluntarily terminate the agreement which is only 18 months old out of a 4 year agreement. I asked for a repayment plan hich they refused.

 

On October 2nd I redieved a Notice Of ARREARS under sec 86B of CCA 1974 for £998. The notice does not say when I had to pay by. In addition it contains totally the wrong registration No. The number was changed at purchase to a private plate. TF were informed. I then took of the private plate and new No was allocated. The car has been collected and sold leaving a £5k surplus. At collection the new No was noted and recorded

 

On 1st Dec I received a final denmand for £5k. I responded with a chq for £10 and said I would continue to pay £10 until such time as my position changed. They ignored my letter but cashed the chq.

 

I have now received a demand from LRC Recoveries. They say if i dont pay in 7 days a collector will call, teh cost of the home visit will be added to my account.

 

Any suggestions pls?

[Guest dvdriley]

bump

[Guest dvdriley]

anyone help??

[cerberusalert]

You'll have to send them a CCA request to see whether they can produce an enforcable agreement. Send it recorded delivery including a £1 postal order. When you get it back scan it, remove your details and post it back here. We'll have a look to see whether it is enforcable or if you've been missold a PPI etc.

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I look forward to hearing from you.

 

Yours faithfully

(Print do not sign signature)

[Guest dvdriley]

I have a copy already from August 2007, it is enforceable. I am now trying to see if :On October 2nd I redieved a Notice Of ARREARS under sec 86B of CCA 1974 for £998. The notice does not say when I had to pay by. In addition it contains totally the wrong registration No. The number was changed at purchase to a private plate. TF were informed. I then took of the private plate and new No was allocated. The car has been collected and sold leaving a £5k surplus. At collection the new No was noted and recorded.

 

now as the agreement is now terminated by me with their agreement the reg no on the notice of sum of arrears is wrong. is that enough to void it

[cerberusalert]

I wonder whether the reg no. would have any bearing. The VIN no. is the important thing. it is that which is unique to the vehicle really & can't be changed.

[Guest dvdriley]

my thoughts, but the vin no is not shown on the dn only the reg no. the car has now been sold by TF

[cerberusalert]

4.

Section 86B(6) provides that a notice of sums in arrears under a fixed-sum

credit agreement or a consumer hire agreement must include a copy of the

current arrears information sheet under section 86A, and section 86C(3)

makes equivalent provision in relation to notices of sums in arrears under

running-account credit agreements. Section 88(4A) provides that a default

notice must include a copy of the current default information sheet.

5.

The relevant provisions on arrears notices and default notices are due to be

implemented from 1 October 2008.

GN69 - Information sheets on arrears and default - January 2008

 

The notice should have given you 14 days to rectify.

 

I've posted the above because you received the notice the day after certain changes were implemented.

[Guest dvdriley]

this is a copy of the arrear DN

 

Toyota Financial Services (UK) PLC

Great Burgh. Burgh Heath, U

Epsom, Surrey, KT18 5UZ FINANCIAL

wwwtoyotacouk SERVICES TOYOTA

NOTICE OF ARREARS

Date of Notice 02 October 204’S

Agreement Number

Agreement Type Hire Purchase

Agreement Start Date 09 August 2007

Registration Number

Any questions? 0870 243 0804 - Mon-Fri 900am to 530pm

[email protected]

This is a notice of sums in arrears served in accordance with Section 86B of the Consumer Credit Act

1974 because you are behind with your payments, in relation to the agreement set out below.

Agreement Number Agreement Start Date 09 August 2007

Agreement Type Hire Purchase Date of Notice 02 October 2008

Total Arrears 998.82 Opening Balance 17,648.76

If you want more information about which payments you failed to make please get in touch with us We are required to give you this information within fifteen working days of receiving your request for it.

Default sums and interest

You may have to pay default sums and interest in relation to the missed or partly made payments referred to in this notice Please contact us if you would like further details This notice does not take account of arty payments received after the date o the notice.

Notices

For so long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every six months. We are not required to send you notices more frequently than this, even if you get further behind with your payments in between notices

Office of Fair Trading Information Sheet

This notice should include a copy of the current information sheet on arrears prepared by the Office of Fair Trading. This contains important information about your rights and where to go for support and advice, for example on applying for a Time Order as well as our right to charge you interest If it is not included you should contact us to get one Please refer to the Office of Fair Trading information sheet for more information about how to get advice on dealing with your oebt.

ARNOO1 /2 1171

Rgisier in Lngiand No 22996l

VAT Reqistraocn N 658 3653 03

Auiiiorised arid requlNed by the F,narciai Seivices Aoihoriiy TFS 001 (08/OSi

 

 

What do you think

[Guest dvdriley]

??

[Guest dvdriley]

any help on this please

[Guest dvdriley]

Toyota Financial Services (UK) PLC

Great Burgh. Burgh Heath,

Epsom. Surrey, KT18 5UZ FINANCIAL

WwwtOyotcouk SERVICES TOYOTA

NOTICE OF ARREARS

Date of Notice 02 October 200R

Agreement Number

Agreement Type Hire Purchase

Agreement Start Date 09 August 2007

Registration Number

Any questions? 2 0870 243 0804 - Mon-Fri 9:00am to 5:30pm

[email protected]

This is a notice of sums n arrears served in accordance with Section 86B of the Consumer Credit Act

1974 because you are behind with your payments, in relation to the agreement set out below.

Agreement Number Agreement Start Date 09 August 2007

Agreement Type Hire Purchase Date of Notice 02 October 2008

Total Arrears 998.82 Opening Balance 17648.76

If you want more information about which payments you failed to make please get in touch with us We are required to give you this information within fifteen working days of receiving your request for it.

Default sums and interest

You may have to pay default sums and interest in relation to the missed or partly made payments referred to in this notice. Please contact us if you would like further details. This notice does not t8ke account of any payments received after the date of the notice.

Notices

For so long as you continue to be behind with your payments by any amount, you will be sent notices about this at least every six months. We are not required to send you notices more frequently than this, even if you get further behind with your payments in between notices.

Office of Fair Trading Information Sheet

This notice should include a copy of the current information sheet on arrears prepared by the Office of Fair Trading. This contains important information about your rights and where to go for support and advice, for example on applying for a Time Order as well as our right to charge you interest, If it is not included you should contact us to get one. Please refer to the Office of Fair Trading information sheet for more information about how to get advice on dealing with your debt

[mr.ton]

Firstly..no-one will call at your home & if they do, they have less rights than the paper boy & can simply be told to go away.

Secondly...you pay what you want to pay (if anything at all) not what they say you must pay.

Either that or demand that they take you to a county court were the matter can be finally sorted out once & for all, after all your essential outgoings are taken into account

[Guest dvdriley]

trying to see if the DN is valid

[42man]

Riley....it's not something I have a lot of knowledge on to be honest, especially as you terminated the agreement, i'm not sure where you'd stand on that....you'd have to consider how a judge may see it...

[Guest dvdriley]

Thanks anyway

[Missy Allen]

Hi dvdriley

 

Keep making regular payments, I have to agree with the earlier post no one will call at your home. I would write to the debt collection company and inform them that you are making regular monthly payments. The County Courts would not look favourably on anyone instituting court proceedings when the person is make regular monthly payments. You may of course be asked to prove that is all you can afford so you may have to put together an incomings and outgoings list.

 

Good luck.

 

Missy Allen

[Guest dvdriley]

since posting my last message I made a telephone offer of £10 per month which the DCA immediatly accepted. A standing order has been set up.

 

This debt will be clear in 45 years!!!!!!!!!!