Link Financial -ford credit return of goods order - lost

[olympic1805]

Hi,

The story from the beginning was

 

we bought a car from Landrover Financial (trading of FCE Bank plc) £33K, amount paid of £25K.

 

the last year cos of the obvious we have fell behind with payment, had default notices, etc. Amount owing is £8k

 

received a letter from Link Financial saying they have bought the debt off Ford Credit and we need to pay within 7 days.

 

Rang Link who have said they will ring me on Friday 12th Feb to see how we have managed getting the money together.

They might possibly be able to extend until 22nd. Generous !!

 

But after reading these forums we were scared that they are able to add interest continually at extortionate rates .

 

The letter says they may recover the car or instruct bailiffs or gain an enforcement on the property !

 

Can they do all this without giving me a reasonable time to pay ??

[themagician]

lets deal with the threats first!

 

only when and if you went to court and got a ccj against you and you then defaulted on the payment

,only then and ONLY a judge could if the circumstances warranted it ,

send the bailifs to your property,

ONLY a judge can put a order on your home .

 

dca,s have the same power as your dog or cat even the gold fish has more brains than a dca.

 

if possible could you put up on the site the default notice you have been sent ,remove any personal details incl. barcodes etc.

 

let caggers have a look at it to see if its legal or not.

 

have you been sent a notice of assignment from the dca ?.

 

first thing to do really ,i would cca the dca,letter in the template section,

 

send recorded delivery incl £1 po.do not signe it only print your name .

 

never ever ever talk to these dca,s on the phone as they will harass you lie to you .bully you,so no phone calls! in writing only .

 

tell them this on friday when/if they call and hang up!.

keep smiling your in caggers hands now, sit back enjoy the fight.

[emandcole]

Hi Olympic, would echo the above but given the value of this claim I would also send a SAR to the original creditor as well as the CCA to Link. The more documentation you can get the better. Once you have that we can really get to work.

 

The default is critical, as asked above please scan the default after masking out the private info. If that is invalid things start to get interesting .

[comebackjimmy]

Hi

 

You must manage these people, not the other way around. That means:

 

1. Don't talk to them on the phone not ever. If they ring hang up. If they ring again, leave it off hook for a while.

 

2. Written communications only. Keep all correspondence and the envelopes they come in as the date of posting/type of delivery may be useful later on.

 

3. Never sign anything.

 

In short, I also agree with themagician and emandcole.

[olympic1805]

Thanks for the replys, but again can they come and just take the car ??

also shall i put on the defauklt notice received from Landrover, or the letter from link saying they bought the debt. (shall scan on tonight when i get home )

Should i also in the meantime make payments towards, although Link did say they would not take interim payments, they wanted the lump sum .

[angry cat]

Debt Questions

 

If you have paid off more than a third, then Link cannot just take your car;

they will need a court order prior.

[angry cat]

Licence Number:0001204Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

FCE Bank Plc 772784

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Debt adjusting/counselling

Debt administration

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Trading Name(s) (Current):

Business Partner

F C E

FCE Bank

Ford Credit

Ford Credit Britain

Ford Credit Europe

Ford Financial

Jaguar Financial Services

Land Rover Financial Services

Mazda Credit

Volvo Car Finance

Volvo Car Finance Ireland

 

Trading Name(s) (Historic):

Ford Contract Motoring

Ducati Finance

Business Partners

 

Issued Date: 15-Feb-1977 Expiry Date: 20-May-2012

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Bernard Barron Silverstone OFFICER

Charles Toner OFFICER

Christine Anne Bogdanowicz-Bindert OFFICER

John Thomas Noone OFFICER

Michael Frederick Robinson OFFICER

Mr Graham Paul Hughes OFFICER

Ralph Nicolaus Rothwell OFFICER

Richard Albert Corbello OFFICER

Robert Alistair Pringle

Suzanna Taverne

 

Historic Individuals that run the organisation:

Name Position

Carol Vernice Rogoff OFFICER

James Moynes OFFICER

Mary Elizabeth Ferriss OFFICER

Michael Edward Bannister OFFICER

Mr A B Murray OFFICER

Mr A F La Barge OFFICER

Mr A K Dawson OFFICER

Mr Bruce Winfield Parkes OFFICER

Mr Charle*s Ronald Faulkner OFFICER

Mr Christopher Hans-Georg Robert Gronen OFFICER

Mr Clive Charles Page OFFICER

Mr D D Barron OFFICER

Mr David Carroll Flanigan OFFICER

Mr Donald Stuart Cook OFFICER

Mr Frederick Robinson OFFICER

Mr George Halloran OFFICER

Mr Gregory Charles Smith OFFICER

Mr Hans-Georg Robert Gronen OFFICER

Mr Harry Taylor OFFICER

Mr Heinz Horst Soiron OFFICER

Mr Ian Gerald McAllister OFFICER

Mr Ian J Colclough OFFICER

Mr Ingvar Sviggum OFFICER

Mr Ingvar Magnar Sviggum OFFICER

Mr J B Coolahan OFFICER

Mr J D Cullum OFFICER

Mr James William Bosscher OFFICER

Mr John Anton Jansma OFFICER

Mr K G Cook OFFICER

Mr Martin Philip Lang OFFICER

Mr Michael Hugh Higgins OFFICER

Mr Michael Ian Auld OFFICER

Mr Michael John Brackley OFFICER

Mr Michael Lowe OFFICER

Mr Myron Dale Young OFFICER

Mr Paul Lewis Slocombe Green OFFICER

Mr Peter Charles Richardson OFFICER

Mr Peter de Rousset-Hall OFFICER

Mr Peter Jepson OFFICER

Mr R B Updegraff OFFICER

Mr Rainer Foertsch OFFICER

Mr Rich Van Leeuwen OFFICER

Mr Robert Colin Brady OFFICER

Mr Robert D Warner OFFICER

Mr Robert Donald Warner OFFICER

Mr Robert Sutton Svoboda OFFICER

Mr Roger Frederick Humm OFFICER

Mr S Thomson OFFICER

Mr Sam Toy OFFICER

Mr Stanley Thomson OFFICER

Mr Timothy Scott Green OFFICER

Mr Todd Scott Murphy OFFICER

Mr William Donivan Butler OFFICER

Mr William Edward Bleakley OFFICER

Mr William George Francis Brooks OFFICER

Mr William Randolph Ellspermann OFFICER

Ms Cecilia Ann Michalik OFFICER

Ms Katherine Marie Kjolhede OFFICER

Ms Mary Elizabeth Ferris OFFICER

Natalie Helen Jobling OFFICER

Robert Colin Brady OFFICER

 

Nature of Business:

Banking services

 

Current Address(es):

Address Type Address

Correspondence Assistant Co. Secretary, Legal Affairs, Central Office , Eagle Way, Brentwood, Essex, CM13 3AR

Principal Place Of Business Central Office, Eagle Way, Brentwood, Essex, CM13 3AR

Registered Office Central Office, Eagle Way, Brentwood, Essex, CM13 3AR

 

Historic Address(es):

Address Type Address

Correspondence ., Eagle Way, Brentwood, Essex, CM13 3BW

Correspondence Eagle Way, Brentwood, Essex, CM13 3BW

Correspondence Graham Hughes FCE Bank Plc, Central Office (1/426), Eagle Way, Brentwood, Essex, CM13 3AR

Correspondence Jubilee House, The Drive, Brentwood, Essex, CM13 3AR

Correspondence Legal Affairs Department, Jubilee House, The Drive, Brentwood, Essex, CM13 3AR

Principal Place Of Business 2nd Floor Turnford Place, Great Cambridge Road, Turnford, Broxbourne, Herts, N10 6NH

Principal Place Of Business Central Office, Eagle Way, Brentwood, Essex, CM13 3AR

Principal Place Of Business Jubilee House, the Drive, Brentwood, Essex, CM13 3AR

Principal Place Of Business Regent House 1, Hubert Road, Brentwood, Essex, CM14 4QN

Registered Office ., Eagle Way, Brentwood, Essex, CM13 3BW

Registered Office Jubilee House, The Drive, Brentwood, Essex, CM13 3AR

[emandcole]

Thanks for the replys, but again can they come and just take the car ??

also shall i put on the defauklt notice received from Landrover, or the letter from link saying they bought the debt. (shall scan on tonight when i get home )

Should i also in the meantime make payments towards, although Link did say they would not take interim payments, they wanted the lump sum .

 

 

The default from LandRover will be fine for now.

[olympic1805]

Hi, cannot scan and put this on yet, tried last night & today my scanner is not scanning. Will post on as son as i get it fixed, n the meantime i will send the CCA to Link and the SAR to Landrover, and just ignore the call tomorrow from Link, or shall i put something else in writing to them ??

 

Also can they come and SNATCH the car, I know these means basically it will be theft on their parts, but would they do this ?

[angry cat]

If the agreement was Hire-Purchase and regulated by The Consumer Credit Act your goods would have been 'protected' providing you have paid over 1/3 of the total finance. This means that, for repossession, the creditor would need a court order to take the car back UNLESS the lender has YOUR consent.

[angry cat]

Please read the following thoroughly:

 

National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt

[angry cat]

What is the procedure if the creditor has to go to court before they can get the goods back?

There is still a chance that you can keep hold of the goods as the court has the power to agree to this as long as you can pay the debt back in reasonable instalments.

 

If you have paid a third or more off the amount payable under the agreement or the goods are kept on your premises and you do not consent to their repossession, the creditor will ask the court to send you a claim form asking for the goods to be returned. This is called an application for a ‘return order’. Notice of a hearing date with a district judge is included. This hearing should be in your local county court.

 

There will be a court form (N9C) with the claim that you should fill in and send back to the court within 14 days. You must fill this in if you want the court to suspend the return of goods order and allow you to keep the goods. You need to offer to pay the debt back in monthly instalments you can afford.

 

ADVICE

Where you need to keep the goods, it is important to treat this debt as a priority over ordinary credit debts and offer as much as you can afford.

 

Send the form back to the court, not the creditor. The court will send a copy of your form to the creditor.

 

If the creditor accepts the offer the hearing will be cancelled. If the creditor does not accept the offer the hearing will go ahead.

 

WARNING

You must attend the hearing. The court will decide at the hearing whether they will suspend the return order and what monthly instalments you should pay from then on. If you do not fill in the admission form there will be a hearing anyway. If you don't go to the hearing the court will probably grant the creditor an order telling you to return the goods. If the court has already made a return order and you still wish to keep the goods, it is possible to apply for the order to be suspended. Phone us for advice.

[olympic1805]

Hi Angry Cat,

Just found the original (customer copy) Agreement, and it is a "HP Agreement regulated by the CCA 1974"

Total Amount payable was £33144.08, amount outstanding £8064.64.

Do I need to still send the SAR to Landrover, with me having a copy of this. Also can you send a link for the Templates, been allover site but cant seem to navigate it very well !!

Thanks

[angry cat]

Please see sections 90/91 and 92 of the CCA:

 

Further restriction of remedies for default

90.—(1) At any time when—

(a) the debtor is in breach of a regulated hire-purchase or a regulated conditional

sale agreement relating to goods, and

(b) the debtor has paid to the creditor one-third or more of the total price of the

goods, and

© the property in the goods remains in the creditor,

the creditor is not entitled to recover possession of the goods from the debtor except

on an order of the court.

(2) Where under a hire-purchase or conditional sale agreement the creditor is required

to carry out any installation and the agreement specifies, as part of the total price, the

amount to be paid in respect of the installation (the " installation charge") the

reference in subsection (l!(b) to one third of the total price shall be construed as a

reference to the aggregate of the installation charge and one third of the remainder of

the total price.

53

(3) In a case where—

(a) subsection (l)(a) is satisfied, but not subsection (l)(b), and

(b) subsection (l)(b) was satisfied on a previous occasion in relation to an

earlier agreement, being a regulated hire-purchase or regulated conditional sale

agreement, between the same parties, and relating to any of the goods

comprised in the later agreement (whether or not other goods were also

included), subsection (1) shall apply to the later agreement with the omission

of paragraph (b).

(4) If the later agreement is a modifying agreement, subsection (3) shall apply

with the substitution, for the second reference to the later agreement, of a reference to

the modifying agreement.

(5) Subsection (1) shall not apply, or shall cease to apply, to an agreement if the debtor

has terminated, or terminates, the agreement.

(6) Where subsection (1) applies to an agreement at the death of the debtor, it

shall continue to apply (in relation to the possessor of the goods) until the grant of

probate or administration, or (in Scotland) confirmation (on which the personal

representative would fall to be treated as the debtor).

(7) Goods falling within this section are in this Act referred to as " protected goods".

 

91. If goods are recovered by the creditor in contravention of section 90 (a) the

regulated agreement, if not previous terminated, shall terminate, and (b) the debtor

shall be released from all liability under the agreement, and shall be entitled to recover

from the creditor all sums paid by the debtor under the agreement.

 

92.—(1) Except under an order of the court, the creditor or owner shall not be entitled

to enter any premises to take possession of goods subject to a regulated hire-purchase

agreement, regulated conditional sale agreement or regulated consumer hire

agreement.

 

Hi Angry Cat,

Just found the original (customer copy) Agreement, and it is a "HP Agreement regulated by the CCA 1974"

Total Amount payable was £33144.08, amount outstanding £8064.64.

Do I need to still send the SAR to Landrover, with me having a copy of this. Also can you send a link for the Templates, been allover site but cant seem to navigate it very well !!

Thanks

 

Yes, you should still make CCA and SAR requests.

 

"Subject Access Request section 7 (Data Protection Act 1998

 

 

To whom it may concern,

 

Account Number : (of your original creditor)

Your Reference : (quoted from the third party in their letters)

Your Client : (original creditors name)

 

As per the section 7 of the Data Protection Act 1998, "Subject Access Request", I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively);

•a true copy of the original signed executed Hire Purchase agreement;

•a true copy of my express permission for you to process my data;

•statements of account;

•duplicate statements and/or print outs of all account transactions;

•true copies of any relevant insurances / warranties which may form part of any agreement regarding me;

•all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, internal and external emails;

true copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold;

•any other information held on any/all types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

I enclose the maximum payable fee of £10 by way of a postal order (no*******) specifically for this information, and remind you that you have a total of 40 days in which to comply from the delivered date of this request.

 

May I confirm, as the ICO has already stated, that the 40 day time limit is not to be used as a guide for responding to the request but is the maximum period allowed in law and that whenever possible a data controller should proceed with all possible expediency in fulfilling such a Subject Access Request.

 

I await your timely responses

 

Yours faithfully,"

[olympic1805]

Hi again,

maybe I dont have the full HP Agreement, as it is only one page and goes to no 13 ?????

I will send the CCA AND sar tomorrow, Should i speak to LINK tomorrow or just ignore their calls ??

thanks again

[emandcole]

Always ignore their calls, you'll gain nothing by speaking to them .

[angry cat]

Agree emancole!

 

Telephone calls never happen(ed);

keep everything to the written word (keep copies) and;

send by recorded or, special delivery.

 

Remember, you are not dealing with an honourable firm;

more like slippery eels who employ bad/covert business practices!

 

Link Financial are doing all the running here;

make them prove it;

make them supply ALL documents that relate to the alleged debt!

[angry cat]

Here are two threads that may provide some answers/assistance:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/165561-car-hire-purchase-agreement.html

 

http://www.consumeractiongroup.co.uk/forum/repossessions/150726-car-repossession-welcome.html

[kurvaface]

What kind of finance agreement was it? I think if you have paid more than a certain amount ( such as 1/3 ) then the only way the finance company can get your car is through the courts.

[angry cat]

Correct kurvaface; this is an HP agreement!

[olympic1805]

Well, posted the SAR to Landrover, and the CCA to Link today, just waiting for the phone calls from Link to start, but just gonna hang up !! Not worrying as much, so thanking everyone for their help and support.

I know when I asked Link if we could pay in installments, they said NO, lump sum ONLY. But would it be wise to start putting this money i was offering aside ?

Still worrying a bit incase they try and snatch the car, !!

[emandcole]

Probably a wise idea to put the money aside for now as it may come in useful. As for snatching the car call the police if they even try it.

Unless you hand the keys over willingly they have no such right.

[angry cat]

Additional reading for you!

Consumer Credit: Default Notices

[olympic1805]

Hi, finally received the CCA from Link and the SAR from Llandrover, but what do I do know, this is still nigglin in the back of my mind,because I know I still have to pay this money, but what now ? Do I ask Link again for time to pay ?

Sorry my PC is still playing up and cannot scan anything on !!!

[comebackjimmy]

Hi all

 

In Olympic's post 13 he said it was an agreement regulated by the consumer credit act 1974 for £33K.

 

Not sure but am I right in believing a regulated agreement can only go to a maximum of £25K?

 

If so, what has he signed?

 

Apologies if this is a red herring.