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    • Hi    So we have a response from the trader to my local Trading Standards officer.    "The trader has contacted me.    He is alleging consumer misuse regarding the usage of the car, i.e. the car had been run low on oil. I have explained that this would need to be proven and the burden of proof may depend on the trader or the consumer depending on when the fault first occurred.   Also the trader indicated that a courtesy car was provided to your father at the time but that car was not been returned Obviously, at Trading Standards we do not advise on the facts as only a judge in small claims can decide on the facts of the case. If a person alleges something then it needs to be proven.   The tenor of the contract has been that they are not liable for the alleged fault as it was consumer misuse and also that they will be pursuing the non return of a courtesy car.  The matter seems to be at a standstill and it is up to you to decide if you wish to pursue the matter further in court. Please refer to the initial letter I sent to you regarding our remit on civil matters at Sandwell Trading Standards.    In the event you do go to court you can mention to the judge you did try to resolve the issues through a third party, namely ourselves, to avoid going to court but the matter was not resolved. The judge would look favourably in this information. "   My response to the above is:    1. The first we knew of the car being low on oil was when the trader returned the car back to my father in August 2020, after having the car from Nov 2019 - end of Jan 2020 (over 3 months) and from March 2020 - August 2020 (6 months). When the trader returned the car in August he casually mentioned that he had topped the car with oil as it had been running low. How can it be misuse when my father didn't even have the car for 6 months prior to the alleged fault? The car was returned back to the trader in August 2020, within a week of it being returned, due to engine noises that were noticeable, and that were not there before.    2. The courtesy car was provided to my father whilst his was allegedly being repaired. After my father's death, the trader mentioned the return of courtesy car once to my brother in law who he was in contact with, and it was agreed that he could pick his courtesy car up when he returned my late fathers car. At that point we believed the car was being repaired and would be returned. In my communication with the trader, not once has he requested return of the car.  The return of the courtesy car has never been an issue and I am happy to arrange return of the courtesy car, although I am hesitant to meet the trader personally. In addition, the car has no car tax (expired in March 2021) therefore I am not willing to drive an untaxed car.   Should I contact the trader to arrange for him to collect it from my fathers house?  And would it be wise to take photos of the condition of the car (inside and outside, and mileage) in case he tried to clutch at straws and make further false allegations?    3. In regards to the trader's claim as consumer misuse, if this was the case then why was my father not made aware at the time, and why did the trader take the car back to "repair it" and where is it now? Also, why has the trader continued to take the car apart to the point where it is now is an undriveable state than when it was when taken?    I am waiting for the case officer to write me back to the response, however I just wanted to get your thoughts on the above.    Thank you 
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Threat of bankrupcy. PLEASE HELP!!!


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I've just recieved a rather strange phone call to tell me Hillesden Securities are taking civil action against me for bankrupcy.

 

I got a car on finance from welcome some years ago.

To cut a long story short I took out mechanical breakdown insurance through welcome.

The car broke down and they refused to fix it so I decided to stop paying them (in hindsight not a good idea).

 

Anyway... Welcome repo'd the car then tried to shaft me for massive amounts of money of the course of around 5 years. I maintained that welcome were in the wrong and that they did not stick to the agreement.

 

Anyway all this time they have been adding interest so what they are chasing me for £5 &1/2 K now when the original car purchased was only £1K.

 

I would appreciate ANY help or advise you can give me to stop the bankrupcy.

 

Thanking you in advance

 

Ben

My opinions are my own and not those of anyone else :D

 

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http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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no i didnt do it in writing. The branch manager came to my house and told me they would repo the car. I explained to him that his predeccessor (sp) had refused point blank to fix the car. He asked me if i would keep the car if he had it fixed and i told him i would not as the car had been stood for so long i had to borrow cash to buy a cheapo.

Yes the problem was covered but still they refused stating that i neede to make several more payments.

 

The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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If they are taking you to court this friday then you should have been served papers to attend court, and given the opportunity to call any witnesses.

They cannot send someone on your behalf, i take it you havent moved so they could not get in touch with you.

 

They cannot refuse to tell you where the court hearing is, I would be inclined to phone them ( although we always say do everything in writing) but because of short time and find out the necessary details.

 

If they have refused to rectify the car under a proper claim under the valid warranty i think they would have difficulty proving a non rejection.

I also would think that if it is the county court then if you attended and informed them that this is the first you have heard of this then they would give you time to prepare a case.

Once this has been done you then go for one of the fantastic Subject Access request letters on the site, they then have to supply you with all the paperwork they have on you for the case.

Personally i think they are trying to frighten you.

My advice is to ask them for the details of the court hearing stating that if necessary you will attend court and ask for an adjournment.

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I am assuming (rightly or wrongly) that they are holding a meeting and inviting a reciever to decide if they should take civil action against me.

 

I have lived at this address for 3 years and they have alaways known my address.

 

I was thinking about doing a SAR now and see exactly what they have got on me.

 

This matter has been ongoing for several years and welcome have always blatantly ignored me in the past. Since Hilisden took over the debt the problems have been the same.

 

I got the impression they were trying to frighten me too.

I will contact the woman who rang me earlier as she gave me her name and a contact number.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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Personally i think they are trying to frighten you, all DCA monkeys do the same, i had a DCA ring me today and i just laughed at them, no enforcable agreement.

 

Yes send them a subject access request by recorded delivery.

 

DO NOT forget they cannot make you bankrupt only a court can do that.

 

These people are **** and what pleasure they get out of frightening people is beyond me, one day all this rubbish will come back and haunt them.

 

 

Just stay calm they know full well thier chances of success are limited especially when you have all the relevant facts to hand.

 

There are many threads on here regarding welcome car finance, have a read of them.

You are not alone there will always be someone on here who will help you,

This site is brilliant, and the people on it are amazing

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Hiya Mate, Yep to advise, my BR was done without my presents due to my IVA failing. I was served court papers by a court clerk at the door (lovely chap who explained bits and pieces etc). If you haven't moved and haven't received these papers from the court directly, then as sunnyskies1 has said, a scare tactic from a low life.

Advice & opinions given by Stinkyfeet are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. :wink:

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Thank you for your advise stinky and sunny.

She the woman has tried to contact me several times again since.

My partner took the calls as i was at work. The woman told my partner that if i didnt pay £5.5k by yesterday i would be made bankrupt.

She also attempted to scare my partner into giving out my mobile number but my partner being the person she is told the woman i couldnt be contacted.

The woman on the phone didnt like this and got REALLY pushy so my partner put the phone down.

 

I think your both right about this being a DCA trying to scare us.

 

Also i'd just like to point out that i have been unable to contact this woman on the number she gave me, which i'm not suprised about at all.

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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You MUST record your calls.

 

We are hearing more and more of this kind of thing.

The banks and DCAs are becoming frenzied with some fver of debt recovery.

 

record your calls. It is so important.

Read our review section and eslewhere on the forum about this topic

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The phone call i got this evening stated that there is to be a hearing this friday regarding my case yet i have not been informed of this nor would they give me any details about it other than that a receiver had been asked to attend on my behalf.

hope this helps

 

Send them a letter asking what sort of hearing it is and where. Ands as a precaution phone your local court and their local court to check they havent got something in there - if they have you can obviously challenge it on pre action protocols but better to be sure they havent sneaked some dodgy petition in through the back door.

Have you any assets ?

What is the amount they are claiming?

Consumer Health Forums - where you can discuss any health or relationship matters.

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yes my partner and i have a house and a car. The house is in joint names as is the bank account.

we dont have any savings or any other real assets.

contacted my local court and theres nothing happening there

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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do you have equity in the property

 

It costs a creditor around £600 to file a bankruptcy petition, plus legal fee's, the average bill is about £1500 just for them to declare you bankrupt.

 

Unless they feel there is a good chance of seeing a return for that money, they wont follow through.

 

Remember ALL your unsecured debts go int BR, ant the OR charges £1800 upwards to administer your BR, whats left after that is shared between all creditors, so its a big gamble for a creditor to make you bankrupt.

 

Which is why they very rarely do;)

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I have to say that this is shocking, we are seeing so many of these situations where an insurance policy was added to give you peace of mind, yet they are not worth the paper they are written on. !! What sort of premium was added to the loan to 'cover' you ?

 

If it was me in your situation firstly I would send of a request for the agreement which you can find here - LETTER 'N' (this needs to be sent to whoever owns the debt now) you need to send this by recorded delivery and enclose a £1 postal order.

 

LETTER 'N' - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

It might also be worth sending this to Welcome too unfortunately this will cost you £10, but you may know more about where you stand and the corresponding paperwork....

 

In the mean time you need to start an official dispute to challenge the fact that the insurqance that was offered was basically not worth the paper it was written on. And you could say that you feel that you were missold the policy as you were led to believe it would cover you.

 

This is the SAR to send to Welcome

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

 

 

 

And keep us posted.....there is obviously a major dispute here !!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Thank you for all you help guys.

I have this morning received a letter from a company called ati regarding this case.

 

Funnily enough it says NOTHING about any BR claim.

I will scan it and post it on here this evening and hopefully some of you may be able to help me with it further.

 

Thanks again for all your advice so far

 

Ben

My opinions are my own and not those of anyone else :D

 

<<<<<<<<<<<<<< If you find me helpful please click on my scales

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/211007-equifax-your-time-has.html

 

SIGN THE PETITION TO STOP CREDIT REFERENCE AGENCIES RECORDING DATA WHEN NO CREDIT AGREEMENT EXISTS - SEE FORUM POST

http://www.consumeractiongroup.co.uk...ml#post2370021

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