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    • 12+2 working days.   a dca can't hurt you credit file any more anyway.   only the original creditor can issue and register a default, on or before the sale of the debt.   what the dca put in the calendar section is immaterial as only you and them can see it it does not extend the 6yrs period whereby the debt shows on your file and after which the 6th defaulted date's birthday causes the whole file to removed regardless to paid or not, paying or not......makes no odds. it still goes, but might still be owed mind, depending upon the contents of the CCA return.   dx  
    • Hello   I agree with dx100uk.   Send them a CCA request which is a request for them to produce the original agreement that gives rise to the debt.  They have a limited amount of time (I think around fifteen days) to send you the document.   Here are the possible follow-ons from that:   1. They don't respond within 15 days and so you are legally entitled to stop paying until they do send a response. 2. They send a letter saying they have gone back to the original creditor to ask for the document and they need more time.  You (legally) stop paying after fifteen days and don't pay them again until they send proof. (This is the most likely first response as they wont have any of your documentation as they bought your debt as part of 1000 others on a spreadsheet on a CD ROM or USB stick). 3. They send you something that looks like a contract or which might be something else that they want you to think is the contract within the time frame.   After either of the above  whatever they send you should be referred back here for an assessment as they will often send you unsigned documents or made up bits of nonsense.  Even if the contract turns out to be the genuine one it still might not be enforceable due to errors made by the creditor at the time of signing.   The only potential downside to the above is that they could try to damage your credit record but probably it is as much damaged as it can be by this debt already so nothing else they can do will make it worse.   Following on from the above you can continue to not pay them.  I would setup an on-line savings account and pay yourself the money instead which has the advantage of creating a resource in case you need to resume payments in the future.   They may send you further letters either inducing you to resume payments by threat or by offering you a deal.  If the document is not valid then the only deal you need to take is the one you unilaterally entered into at T plus 15 days when you agreed with yourself not to pay them another penny.   It is not impossible that they will send you a letter saying the debt is unenforceable (miraculously I have actually seen one!) and asking you to pay anyway which you will of course ignore as you should not be giving any member of this low life industry any encouragement.  
    • I agree and I've no doubt that will happen in the future, but if a court claim is issued and a ccj successfully registered against the debtor then it will never be sb anyway, so are we more likely to see more court claims in the future ?      Can it not work both way though, if the sb date is ultimately aligned to the date of the default notice, essentially giving the creditor 6 years to collect or issue a court claim then regardless of when the debt was last acknowledged / payment made, a debtor could just tell the creditor to eff off after the 6 years is up, figuratively speaking     
    • Received acknowledgement of defence submission from court. VCS now have the option of continuing their claim or not. Watch this space !!!!
    • Yes it doesn't work HB  In Wales someone needed a test on a Sunday, the testing station at Llandudno Hospital was closed, so they could either go to Manchester, 75 miles, or Cardiff 200 miles and a 10 hour round trip.   But as Manchester is England no guarantee on getting test results.
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bmwhaha

BMW Finance and how badly they treat you

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Hi Everyone,

 

After a very stressful few weeks we have decided to give back our car to BMW.

 

We would like to inform anyone that is in arrears on their unregulated credit agreeement with BMW Finance that they do not have a leg to stand on.

We are 3 months in arrears due to a business overdraft being wiped off without warning by HSBC , we contacted BMW and informed them of the problem we faced to be told the following..

 

We can half your payments for three months ( great you say ! ) and the catch ? on the fourth month you must pay all the arrears plus your regular monthly payment ( wow they are helpful ! )

It goes without saying we fell behind and called them again only to be told ,go and sell the car !!

Well we phoned the company direct and spoke to what we believe the finance manager who informed us that yes we could indeed sell our car to a dealer or anyone in fact, and they would give us a letter to give to the dealer to release them from the finance. Happy days we went got a good price for the car and called BMW , they said ok that leaves you a shortfall of £6000 which we will require paying over 12 months at £500 PER MONTH..no negotiation 12 months or we will re possess,we asked for 24 months, and unless you agree to that you cannot sell the car and they would not release the letter .

 

In closing they refuse to listen and will not under any circumstances extend your term of credit, we are returning the car this week and as far as we are concerned they can take us to court .

Make sure if are in this position put everything in writing any offers of payments ect as it will stand you well in court .

 

Good luck hopefully we will talk again

Edited by bmwhaha

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Is the credit agreement actually unenforceable? My must say, I do admire your spirit though. You are quite right, they can take you to court for any shortfall but you can only pay what you can afford and a judge would recognise that fact. If you had your overdraft taken away then there is little more that you can do. Isn't it nice of the banks though - the recession hits all of us; however, when things turn ugly they adopt the old pull the ladder up jack.

 

Good Luck and keep us updated.

 

TFT


09/07/09 :)Business Studies BA(Hons) 2:1:)

 

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Natwest Business A/C bank charges - £60

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Part settled for £48 - 01/03/08

Peugeot Finance late payment fees - £50

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£160 part refund of gym membership in compensation - 01/02/09

HFC Bank - complaint about payment deducted from my account on wrong date

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Hi suggest you read the contract in the clause to see how they sell the vehicle and how much you are asked to pay in the shortfall. Be aware they might used a closed auction to dispose of the car. Just be careful. My advice do not surrender as if you sell the car will be better than any price they acheive.

 

I have a bad experience with Mercedes Benz and I have been to court over an unregulated agreement, they are just as bad except they lost £5,000.00 over two agreements on regulated and the other unregulated.

 

If they take you to court be aware that the could load up your debt with interest and and fees. They will not sell it for a good price.

 

If you want any more info then do not hesitate to contact.:)

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I'm being taken to Trial by Wragge Solicitors/BMW.

I have an unregualted agreement. I gave back the Car in November 2008 they sold it for £14,400, I 'd paid £5,000 myself, they are trying to get £20k back from me now plus interest. I have been to Court today for a directions hearing, the Judge has put this in the multi track court and we will be in court week commencing 2nd August,2010. I have spoken to the FSO and National Debtline who have all said the same thing. BMW should of added up the price they got for the car plus my payments, costs of sale and respossesion costs and then they should of taken the amount of finance and then taken off the final optional payment. My agrument is that the BMW Select Unregualted agreement states the cost of your 35 payments and then the final 1 is optional, on the website and what the garage told me was the final payment is optional, I an give the car back and walk away, or the amount can be used as a deposit towards a new BMW or I could re-fiance the last payment myself and keep the car. I'm not sure what course of action I have but BMW did the same as the original post I was 3 months behind and they wouldnt help at all they wanted me to clear the debt by repaying 2 payments each month to clear, I had been made redundant so couldnt so this, they told me then they would take the car back, I actually drove the car to auction house for them. In Jan 2009 they sent me the outstanding charges, I questioned this and asked for a breakdown told them I was redundant and before 28 days were up had a solicitors letter taking me to court, everytime I disputed over 2 months they didnt want to listen so I'm now on trial. If you can help at all I would be grateful for any advice.

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I found out they forged my signiature on agreements for GAP Insurance and Tyre Protection insurance.

 

They cancelled the policies when I said I hadnt asked for them but they didnt refund me any money as they said all the policies they issues are non refundable. What a load of rubbish.

 

I told them the agreement was in dispute to which they did not agree, and messed up my credit file, then unlawfully reposessed the vehicle with no default notice.

 

When they tried to take the car, I offered to make all payments to the end of the contract but they didnt accept and took the car anyway.

 

Now they are after 4k, as they sold the car for next to nothing.

 

When I took out the agreement they told me the car would have a ton of equity in it at the end of the contract, this was before the end of the contract and they sold it for even less.

 

They have even put a default on my name.

 

******s

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Alisono

 

What BMW have done to you is outrageous.

 

You must seek justice, have you sent off to them for a full Subject Access Request?

 

Their legal team is very ruthless and highly aggresive despite being a bunch of half witts.

 

Who is representing you in court?

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Hi, I have filed my Case Summary myself with the Court last week, I have noted in it all actions and have told the court that BMW are seeking to claim a 2nd and optional payment of £17,796 which I was told by the BMW garage was optional as I mentioned above. The solicitors are saying that becuase I broke the agreement with BMW that all payments were due as BMW have suffered afinancial loss because of me. I think nearer the time I'll get a solicitor to represent me, I have a couple of really good friends who are solicitors, but I have been a bit embarassed at being in this situation. Also a friend of mine told me to keep it quiet as my work wouldn't like the situation I'm in also. I have suffered over this, I cant get credit at all, I had a spell of being redundant last year and told BMW this they actually noted it on a letter but still got their solcitors involved, I have offered twice to repay them at a monthly payment both times rejected, the last time they wanted me to secure the debt on my home. I really fed up and concerned about going to court. They sent a young girl to the directions hearing not part of their practise who tried to win the judge round by saying you know your thoughts on the optional payment it wont stand up. The Judge just agreed and said he'd make sure he didn't hear the next time it was in court.

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Hi, can someone help me please, My court case has now been allocated to Multi Track and I submitted my case summary last week, I need to submit a standard disclosure list to all parties concerned and any requests for inspection for the disclosed documents need to be requested within 7 days - not sure what this means

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