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    • My bad. For some reason rather I thought it was the claim form. My site team colleague above is absolutely correct. Please will you post up a copy of the letter of claim here. Also, as I've already asked – how are you getting on with your own inspections and assessments?
    • as long as it says our client xyz on it...you must respond within 30days.   as for the contracts, the claimform POC when/if one ever gets raised through northants bulk must detail all the contracts concerned in the claim.   just because a scary letter of claim has been raised, that does not 100% guarantee a claim will be raised by their client.
    • Thanks. So effectively you paid by cash. Please follow the link to understand your position when you pay by cash or you paid by bank transfer for a used car or anything else. Of course it's a bit late now – but you should bear in mind in the future and other people who visit this thread will also benefit. The dealer says that you were provided with a copy of the warranty. I think it would be worth asking the dealer the date upon which this warranty was emailed to you. In the meantime, your statutory rights will help you to the extent that you are entitled to buy an item – even a second hand car – which is of satisfactory quality and remain that way for a reasonable period of time. What is "satisfactory quality" depends on all of the circumstances of the transaction. Although this car was very cheap, it was comparatively low mileage for a car of that age. It seems to me that for it to pack up so seriously after only about eight months of ownership and only 200 miles or so, that it was not satisfactory quality. You have had some benefit from it. Even though you only drove for 200 miles or so, that was your choice and you could have driven it more if you had wanted – even though this might have meant that the gearbox would have packed up earlier – but you will never know. We will say that you have had eight months of benefit from it.  This means that you wouldn't be entitled to recover 100% of the purchase price. You would be entitled to recover a reduced sum to reflect the use you have had from the car. If we say that a car of that value/age/mileage should normally have lasted you for, say, three years without any serious defects emerging, then we can say that you have probably had something like about 30% of the use. This would suggest that you would be entitled to recover about 65% or so of the purchase price. In principle this would mean that you might be justified in thinking about claiming about £1700. Of course we don't know what the warranty says. Whether it really does exclude work on automatic gearboxes. The reason it will be interesting to see the warranty and to understand what it provided for is that there is an outside chance that instead of relying on your statutory rights, we might be able to say that as you didn't know what the warranty was about, you were reasonable in assuming that it covered automatic gearboxes. Did you pay an additional sum for the warranty? Or was it part of the deal? I think we need to know more about the cost of repairs to understand whether a repair would cost less than £1700 in which case it might be worthwhile claiming for that – or whether a repair would cost more than £1700 in which case it would make economic sense to recover the £1700 and then move on. So I think that we need to understand when was the warranty apparently sent to you? We need to see the warranty. We need to understand what the cost of repairing the vehicle might be.  
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Default Letter -


Dolly G
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Hi

 

Final Response Letter Re Complaint Received 23.12.09 -By Post

 

Received on 24.12.09 by TNT 22.12.09 The letter below -

 

IMPORTANT - YOU SHOULD READ THIS CAREFULLY

 

This is a default notice served under S87(1) of the Consumer Credit Act 1974. It relates to your Hire Purchase agreement with us numbered ......

. The agreement says you must make all payments on their due date. You have broken your agreement, as there are arrears of £749.36. To remedy your breach you must pay us these arrears before the 10th January 2010.

 

 

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORECEMENT WILL BE TAKEN IN RESPECT OF THE BREACH.

 

IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

 

If arrears are not paid before 10th Januarry 2010 we may:

 

(a) Terminate the agreement and seek to recover the goods.

(b) Seek payment from you of monies due as a result of termination.

 

 

(i)Total payable under this agreement £18278.84

 

(ii)Total paid at the date of this notice £3152.74

 

My payments total = £3611.58 Took this form Statement of Account dated 22.10.09.

 

Any advice would be most welcome .......Thank you for taking the time to read this thread.

 

Wishing Everyone A Very Joyful Happy Boxing Day

 

Dolly G

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Ok, If the Default Notice in a TNT envelope was delivered by Royal Mail then it would be deemedto be served by a Second Class service regardless of when you did actually receive it. Check the TNT UK website for further details.

 

The rules for service of documents is here -

Bickford-Smith Service of documents by post

 

As you will see, if your document was served by a second class service then it is deemed served on the 4th working day from the date of postage (working days are Monday to Friday and exclude Bank Holidays).

 

So, your Defaullt Notice was dated Tuesday 22nd December and is deemed served on the 4th working day which is Tuesday 29th December.

 

Tue 22 - DN posted

Wed 23 - 2nd working day

Thursday 24 - 3rd working day

Friday 25 - Christmas day (non working day)

Sat 26 - Non working day

Sun 27 - Non working day

Mon 28 - Bank Holiday (non working day)

Tue 29 - 4th working day - Received Default Notice

Wed 30 - Day 1 of the 14 days that Parliament stipulated under s87 of the Consumer Credit Act 1974.

 

As Parliament allowed 14 days then you should have up to and including Tuesday 12th January to rectify the default.

 

Unfortunately for the loan company, they have allowed you until Sunday 10th January, which is only 12 days to rectify the default which makes the Default Notice ineffective.

 

Have read of this post for more info - B_R_W's post on DN's

Edited by supasnooper
added more stuff

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank 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.

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Supasnooper

 

Thank you for very much for your prompt reply :-)

 

I have read both Esilve vs Amex and A tale of a dodgy DN.

What is the best my plan of action ?

The company concerned should I be sending a letter or is that revealing the faulty DN.

I appreciate the support of the Consumer Forum.

Dolly G

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no keep quiet until they send you a termination letter and come back

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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  • 2 weeks later...

Letter Dated December 23 2009

 

Received by tnt post arrived 07.01.2010

Your Hire Purchase agreement and Insurance Loan Agreement Number : ..

 

This is a Notice of Default Sums and is given in compliance with the Consumer Credit Act 1974.

 

Date Defult Sum became payable Nature of default Sum Amount

 

23/12/2009 COLLECTION ACTIVITY FEE 30.00

 

Total Amount £30.00

 

We request that you pay this amount without delay.

 

 

This Notice does not take account of default sums which we have already told you about in another default sum notice, whether or not those sums remain un paid.

 

Interest

We are not entitled to charge you interest on the default sums for the first 28 days after we have given you this notice.However if this sum is not paid in full by that date interest will be charged at the rate of 10.97%.

 

XXXXXXxLTD

Address

Telephone No.

 

 

Any thoughts -

 

 

Dolly G

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  • 4 months later...

Hi

 

Received my current credit file -

 

Entry For Hire Purchase Creditor

Shows Delinquent 05/2010

 

Shows a balance different to amount shown on Default Letter.

What do I do next?

 

I have never heard from the company since Default Letter and Charges letter.

 

 

I wish help on how to proceed.

 

 

Many thanks to all for reading this .

 

Geo

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  • 2 years later...
no keep quiet until they send you a termination letter and come back

 

Hi,Black Horse sent a further 2 Defaults while my complaint was being dealt with FSO.The last was December 2011 and in February 2012 the Black Horse Recovery Dept recovered the vehichle from my private car space at home. The amount paid still remains in accurate.I was not sent a Court Order or Notification of car repossession, No Court Order.Black Horse state that my entrance does not state Private Ground,they have not done anything wrong.In Scotland, can they repossess from Private property?( I had not paid a third as the account had been in dispute since Dec 2009)They have sold the car at auction. I would appreciate any help on how to proceed.Thanks

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Hi Dolly,

 

Things have changed since 2009.

 

What happened with FOS?

 

There is confusion in Scotland about whether or not a creditor always has to get a court order to repossess hire purchase goods. In England it is not always necessary for the creditor to have a court order before repossession. Because Scottish law on this is unclear, you may want to point out to the creditor that they should seek a court order before repossessing goods. If the creditor seizes the goods without a court order, the law on this point can only be clarified by going to court.

 

This is from NDS:

http://www.nationaldebtline.co.uk/scotland/factsheet.php?page=08_hire_purchase_debt

 

If you feel there is inaccurances with the amounts etc then you could always send the creditor a sar

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

Click here to donate through PayPal (opens in a new window)

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