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    • Thanks for the reply and clarification, that might just explain why in my case contact has pretty much ceased. Though with such companies it doesn't mean they won't ever threaten to return to court as a tool to force one's hand if they feel they are not self informed on their chances etc.  But concerning how last year they tried to use the CCJ to get a charging order and the court granted an intirum order on our mortgage using the CCJ that would have been a good 2-3 months beyond the 6 years, should the court not have checked the age of the CCJ in the first case or would they always grant an interim order simply off the back of a CCJ being produced without even checking the age of it?.  Had I not defended that action at the time they may well have got a default using a CCJ older than 6 years which could be a concern going forwards. At the time when I contacted the court to question the paperwork for a final order application the clerk suggested people don't get informed when companies apply for interim charging orders, they are automatic if a claimant has a CCJ and people only get contacted once a date for a final order application goes through. kind of begs the question if such companies can continue a seemingly backdoor method to attempt default action if un-defended if the initial application doesn't need to check the age of a CCJ?.
    • Hello!  Wondering if someone can help with this.  I suspect not but worth a go.  I appreciate the "contract is with the seller" line, which is what Evri has fed me but wanted to see if someone with experience in these things could suggest anything else I could do here.  I appreciate there are many topics about lost parcels - My parcels weren't lost, until the driver walked up to my door with them and then decided to make them lost/stolen... I'll summarise what has happened.  Wednesday of last week - Evri delivery driver stole / walked off with 3 of my parcels.  -  Arrived outside my properly, took photos (3 separate photos as its 3 separate deliveries) of the tops of the parcels (pointlessly zoomed in on just the labels, couldn't see anything else, other than a small piece of the pavement and a little weed, which doubly confirms it was outside my door as I can see the same plant), marked the order as delivered and walked off with them.  He's marked on the Evri GPS marked that he was outside.   -  3 different deliveries, from the same company (same boxes etc.), but 3 separate tracking numbers. -  Went through the Evri bot which opened a case on each tracking number.  I then phoned them and left a voicemail explaining what had happened. -  24 hours later had a canned response asking me if the packages had turned up and to check around etc..  I responded explaining again what happened and that they've definitely been taken. -  4 days later,  this morning, I get a response telling me to ask the merchant to refund me. I've responded to this message with a long email, repeating what I said, that I believe the driver has stolen these packages and that he took those suspicious top down shots of the packages, marked them as delivered without ringing or knocking etc.  I've said that I expect them to investigate further, but I gather they won't. In my several messages to them initially and later, I told them I don't care about a refund and wanted the parcels.  They contain some sentimental stuff, nothing of high monetary value, hence me going to this trouble.  I only paid £25 for the contents. I did contact the merchant when this first happened and they asked me to wait a few days.  They ended up refunding me despite me asking them not to and that I wanted them to escalate it with Evri because this appears to be a case of theft.  They didn't seem bothered - Refunded me and told me to go back to Evri and escalate it with them? So - Is there any way to compel Evri to conduct a proper investigation with this driver?  Search for my parcels? I have quite a lot of deliveries handled by Evri (not out of choice) - They used to have a fantastic chap and I rarely had any issues.  He has been replaced by a new guy and I believe the route is handled by this same guy who I believe has taken my packages.  Naturally, I fear this is going to happen again in the future if no investigation occurs. Appreciate any assistance - Thanks for reading. Al.  
    • its not a good thing or a bad thing its ongoing. mines gone the same route. these new notifications are equally meaningless.
    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
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Fixed sum loan agreement for car purchase query !


cosalt
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Hi everyone,

 

I am currently having trouble with a Black Horse agreement that was signed at a dealers premises in 2007.

 

Basically we had a car on an existing HP agreement and went to PX it for a replacement. Problem was we owed approx £1800 more on the HP than the PX value of the car. They said this was no problem as they could add it to the new agreement.

 

The invoice from the dealer clearly spells this out, showing the part ex figures, settlement and new finance figures.

 

The new agreement we signed is a 'fixed sum loan agreement' which has details of the car on it. I am aware this is different to a HP agreement as I believe they can not reposess.

 

My question is as this new agreement shows the purchase price of the car as the the total amount including the shortfall on the previous HP agreement, is this correct? Does this not become a multiple agreement as part of the borrowings was to pay off the shortfall and part to fund the new car? I clearly have the invoice with the actual vehicle cost, but the loan agreement shows the car price as £1800 more.

 

Hopefully this makes sense !!

 

Cosalt:)

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Might be worth askin gyour question on the following thread as well:D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

 

HTH:D

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I would suggest that you have recieved one loan for a certain amount of money. Whether you then use that money for one thing or more than one thing has no impact on how many loans you have taken out.

 

Just my thoughts

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Thanks nicklea,

 

I understand what you mean, my concern is that I have an invoice saying the purchase price of the car is (figures not accurate) £20,000, part exchange £15,000, Settlement on old agreement £16,800. Then the new agreement says purpose of loan purchase car, reg no XXXX, model no XXXX etc etc purchase price £21,800. I was obviously aware at the time they were adding in the shortfall, but can they actually do this ?

 

Cosalt

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  • 2 months later...

Hi Just an update really.

 

This is still ongoing, but I think is coming to a head now. I have now looked back and seen that the agreement I had previously and was refinanced, was with the same company.

 

So what they have done is paid off the loan for the previous car and refinanced the new car plus the shortfall, all without mentioning any of it on the new agreement ?

 

Can they do this ?

 

Any help appreciated

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Hi,

 

Could really do with some advice on this, can anyone tell me the requirements for settling old loans on new agreements etc?

 

Thanks again

 

Cosalt

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can you scan and post it up? to see the exact layout?

 

ida x

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Hi Ida, thanks a lot for looking in.

 

I can post up the the agreement but it doesnt really say much, it just says the car purchase price is £21,800 and that is the amount of the loan. All prescribed terms are there, and the APR is correct.

 

The problem is that the invoice to the finance company states the car price as being less than the agreement price, and the balance is the shortfall from the previous agreement.

 

I feel this could be a multiple agreement as part of the loan was to pay off previous finance and part to purchase the new car, yet it is not shown as separate on the agreement.

 

Cosalt

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my understanding:

 

a multiple agreement is when there are different types of 'credit'

 

i.e unrestricted use and restricted use.

 

the fixed sum would be a restrcited and so would the refinance

 

 

11.—(I) A restricted-use credit agreement is a regulated consumer credit agreement—

(a) to finance a transaction between the debtor and the creditor, whether forming

part of that agreement or not, or

(b) to finance a transaction between the debtor and a person (the " supplier") other

than the creditor, or

© to refinance any existing indebtedness of the debtor's, whether to the creditor or

another person,

and " restricted-use credit" shall be construed accordingly

 

 

i think

 

unless i am thinking wrong

 

 

ida x

 

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Ok, thanks again, I think I understand !

 

So probably not a multiple agreement but can they still do what they did. Especially as the old agreement was the same lender ?

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hope i am wrong :(

 

just seen that part of the act and it sort of covers the two of them

 

I knoe , for some strange reason, your posts regarding this havenlt had a lot of hits.

 

hopefully someone can confirm or deny it for sure

 

Ida x

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  • 1 month later...

Just an update,

 

Have today received a DN for this account. The arrears amount must contain charges as it is more than the missed payments.

 

Also I dont think the dates are correct, it came by TNT post ( which I assume is 2nd class ) dated 9th September, with a remedy date of 28th September. I make this 1 day out ?

 

Anyone able to confirm the DN is invalid.

 

Thanks

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I have had a letter today offering me a voluntary surrender on the car, they will send it to auction and deduct it from the balance on the loan.

 

I see little point in this as they hae no right to take the car and it will probably only clear 50% of the loan. This leaves us with no car but still a loan to pay.

 

I really could do with some advice on whether the agreement is correct based on what I said above, also the dates on the default notice.

 

Thanks

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Just an update,

 

Have today received a DN for this account. The arrears amount must contain charges as it is more than the missed payments.

 

Also I dont think the dates are correct, it came by TNT post ( which I assume is 2nd class ) dated 9th September, with a remedy date of 28th September. I make this 1 day out ?

 

Anyone able to confirm the DN is invalid.

 

Thanks

 

I think I'd rely more on the charges than the dates tbh as it seems to me to be a bit iffy as to whether you could argue that point.

 

As far as I can see, the 9th was a weds, so if we allow 4 postal days that gives till Monday making it 14 days dead. If you don't count Saturday then it falls short assuming TNT is a second class timescale (I'm not sure on that?). However, although we are all perfectly aware that times for postage state working days, I'm not entirely sure you could convince a judge not to count the Saturday as a day that post is sorted/arrives.

 

Just my opinion, but I'd be a bit iffy about using that as an argument.

 

The arrears including charges though is a big no-no so I'd focus on that as it is a real problem for them.

 

Can't give advice on the loan front I'm afraid as it's not my area at all. Having said that nothing is really my area but I know less about loans than about everything else;)

 

Lexis:)

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Time flies like an arrow...

Fruit flies like a banana.

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As far as I can see, the 9th was a weds, so if we allow 4 postal days that gives till Monday making it 14 days dead. If you don't count Saturday then it falls short assuming TNT is a second class timescale (I'm not sure on that?). However, although we are all perfectly aware that times for postage state working days, I'm not entirely sure you could convince a judge not to count the Saturday as a day that post is sorted/arrives.

 

 

Assuming you have the envelope still?

 

TNT, (with an S on the envelope is 2nd) which TNT say 3 days, however guidance to the courts on this issue says clearly 4 working days for 2nd which makes it a day short.

 

It would however be wise to look at other aspects of the DN also so, can you post the thing up (removing personal details!) as they very often screw up the wording, ammounts etc.

 

David

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Hi cosalt:) I have a very similar issue with a vehicle bought from Carcraft, financed by GEMoney, now passed to Link:mad:

 

None of the figures on my contract seem to make sense. Their DN was defective and nobody wanted to accept a reduced repayment offer:mad:

 

Also haven't been able to get much help either and have subscribed to

Car Credit Complaints. They and Stephensons got Yes closed down:cool:

 

My thread is here if you want to look at my contract figures and DN

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161277-aa99-ge-money-car.html

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Thanks so much everyone for the quick response.

 

The amount of arrears definately contains charges, the missed payments are £3851.73 the arrears amount on the DN is £4271.73 which is the missed payments plus £420 charges.

 

Is this enough to make the DN invalid ?

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