Please Help Emotional Wreck!!!!!

[postggj]

Please Answer As Above Housewife

[housewife23]

Sorry people your posts didnt show up before i worte my last one. Thats great thank you

[postggj]

Ppi Was Mentioned

 

Did You Have Ppi As I Cant See It On The Agreement

 

I Realy Do Need Glasses

[postggj]

On The Issue Of The Fees It States See Clause 2.5

 

On The Terms And Conditions , What Does It Say Under 2.5

 

AND CLAUSE 3

[dx100uk]

ppi is tick top right of 2nd image in post 9

thanks for popping in postggj

 

gonna be a bit busy as the mrs is down from scotland till thursday

got her last cancer after care app in london tuesday.

 

dx

[postggj]

Ive Seen Some Bad Agreements In My Time But This

 

Keep Popping In

 

Ime Going To Have Fun With This One

[postggj]

Dx

 

Thats Game Over:)

 

Why Is The Ppi Not On The Agreement With Its Own T&c And Perscribed Terms

 

WILSON V FCT ANYBODY ON THE FEES:D:D

 

Housewife

 

Do You Have A Policy Document Or Any Correspondants On This Ppi

[dx100uk]

thanks post

 

was i right BTW about the witness sig?

 

dx

[postggj]

Yep

 

As Allways

[frettful38]

Dx

 

Thats Game Over:)

 

Why Is The Ppi Not On The Agreement With Its Own T&c And Perscribed Terms

 

WILSON V FCT ANYBODY ON THE FEES:D:D

 

Housewife

 

Do You Have A Policy Document Or Any Correspondants On This Ppi

 

Its people/caggers like you that make one believe that life ain't over. postggj your just another example of one of the legends that CAG has the honour of having aboard.

 

housewife, looks like one of your wishes may have come true, you have your personal santa to help

 

Words cannot describe how legalpickle helped me in my hour of need, and just popped in to say good luk, and to youto dx, your also another legend.

 

Blimey I think this sun is getting to me, I'm getting too emotional here:p

[postggj]

Fretfull

 

Your In The Sun To Long

 

Sunstroke Me Thinks:D

[frettful38]

Fretfull

 

Your In The Sun To Long

 

Sunstroke Me Thinks:D

 

 

Well whatever it is IT sure feels GREATTTTTTTTTTTT!

[housewife23]

Hi everyone,

First of all - BIG APOLOGIES!!

I only have an internet phone, so it's a bit awkward seeing messages and keeping up to date. I've had to wait until my two babes have settled, before coming round to use parent's office computer.

 

postggj - answers as follows:-

 

1) Amount of credit -£5,100

2) Total amount payable - £7,769.80

3) Agreement over 54mths

4) Acceptance Fee - blank on agreement

5) OPtion Fee - £299.00 payable with final payment.

6) APR - 15.1%

7) Cash price of vehicle (on the invoice from the garage) - £5,864.00*

8) Total cost of down payment and/or deposit - £764.00

9) Monthly Repayment - £124.20

 

The actual agreement does not have the date my husband signed, but the "used vehicle order form" which was given same day is dated 7th October 2007. *This was the same form which gave details of cash price.

 

Clause 2.5

The acceptance fee is due and payable with the first monthly payment as an additional payment unless you have chosen to spread this payment over the term of the agreement. If you chose to spread the payment we will calculate and apply interest on the Acceptance Fee in the same wasy as stated for total interest at the end of the "Other Financial Information" section.

 

Clause 3

Option To Purchase

 

You will have an option to purchase the car by paying us the option fee shown in the "Other Financial INformation" section. Once you have paid all other relevant payments stated in this agreement and if you have kept to your side of this agreement. Until that time the car remains our property. If you do not exercise that option by paying us the option fee with the final payment on it's due date you must :-

 

a) return the car (together with all keys, master keys, V5 registration form, immobiliser and other codes relating to the car and anythin reasonablly necessary to allow us to get full value for the car ) to us or to such dealer, auction house or other person we reasonably specify, at your expense and on the date for payment of the final payment or such other date we specify, unless you arrange with us for us to collect the car from you. If we arrange to collect the car from you, either because we have agreed with you to do so or because you failed to return the car to us, then you must pay us the cost and expenses we incur in doing this when we ask, at the rates charged to us by our suppliers without any allowance for any volume discounts we may get;

 

b) allow us to inspect the car, to see if you have taken reasonable care of the car in accordance with the terms and conditions of this agreement; and

 

c) pay to us anything due under paragraph (a) above, any payments which were due to us at the date of termination which you have not paid, the costs of all repairs required to put the car into a reasonable condition (including the cost of repairing or replacing all keys, master keys, immobiliser, and other codes relating to the car and anything else reasonably necessary to allow us to get full value for the car) and any sums due to us for breach of this agreement by you before the date it comes to an end. Those payments must be made to us when you return or when we collect the car or, if the amount of those payments is not known at that date, when we ask for them.

 

On the subject of PPI. You will think us very stupid:roll: but we hadn't even realised that we had agreed to this. It's only since you asked about agreement and we scanned it, that we noticed it was there. A certificate of insurance and summary of conditions were stapled on the back. To be honest, the paperwork was just accepted and filed away as soon as we got home. A BIG LESSON FOR US I think!!!

 

HW23

[postggj]

Ell Then Its Def Game Over

 

What You Have Is A Multiple Agreement With The Ppi

 

It Needs To Be Within The 4 Corners Of The Agreement With Its Own Perscribed Terms

 

game Over

Totally Unenforceable

[dx100uk]

yes!

 

 

dx

[Guest HeftyHippo]

HOWZAT then! From being prepared to dump the car somewhere to being the proud owner of an unenforceable debt!

 

One thing I noticed that may/not be relevant but perhaps one of the clever guys could consider - the original account was taken over by Santander, can it be done like that or is a novation required? Does it make any difference which they do?

[housewife23]

Thank you so much!!

 

Has anyone got a letter that i can send away to the company explaining all this. I really need to start getting the ball rolling.

 

I am so happy!

[postggj]

give me a few days house wife and ill have a letter for you

[housewife23]

Thats brilliant thank you so much

[housewife23]

dear Postggj, sorry to bother you. My husband is recieveing more letters of the debt company demanding the money or they are taking him to court.

I was just wondering if you are still doing us a letter.

 

Sorry for being pushy, just i am keen to get the ball rolling.

 

Thank you so much.

[dx100uk]

send a pm

 

dx

[postggj]

Ime On This

 

Sit Tight

 

Letter Ready Tonight

[housewife23]

Thank you so so much

[postggj]

letter Number One To Code Red

 

housewife

xx

xx

Code Red

Xxx

Xx

Date

 

Agreement/account Number

 

formal Dispute As To Your Complaints Department

 

Dear Sir/madam

 

I Am Putting This Account Into Formal Dispute And Require A Final Response With The Option Of Passing The Dispute Up To The Financial Ombudsman Service.

 

As You Are Aware I Have A Hire Purchese Agreement Regulated By The Consumer Credit Act 1974.

 

As To Your Letter Dated The 13/04/2005 Terminating The Agreement And Demanding The Return Of The Vehicle.

 

As You Are Aware, I Have Paid More Than A Third Off This Vehicle In Repayments And As Such Am Protected. If You Contemplate A Reposession With Out A Court Order, It Will Be Classed As Unlawfull Recession Of Contract.

 

If I Wish To Do A Voluntry Termination On The Vehicle, It Will Be My Choice And Not Yours.

 

i Now Move On To The Agreement

 

i Consider This Agreement To Be Unenforceable For The Following Reasons.

 

1/ The Fees Included On This Agreement Have Been Included In The Total Charge For Credit

As You Are Aware Under The Judgement Wilson V First County Trust, These Fees Have To Be Kept Seperate As They Are Infact A Charge For Credit.

 

If You Can Show These Fees Are Not Subject To Interest, Being A Charge For Credit, I Would Be Obliged.

 

2/ With Reference To The Witness Signature, Can You Confirm This Witness Was Not An Employee Of The Car Show Room

 

 

3/ I Will Now Move Onto The Payment Protection Insurance Added Onto The Agreement

 

Now, As Ppi Has Been Added To This Agreement, It Becomes A Multiple Agreement Under Section 18 Of The Consumer Credit Act 1974.

 

This Means The Ppi Elemant On The Agreement Needs Its Own Set Of Perscribed Terms With Signature Of Acceptance Of Not Only The Hire Purchase, But The Payment Protection Insurance.

 

still On The Subject Of Payment Protection Insurance

 

Please Send By Return The Following Documents

 

Statement Of Price

 

Statement Of Means

 

Insurance Underwriting Sheets

If You Are Unable Or Unwilling To Suply These Documents With In Fourteen Days A Request Via The Civil Procedure Rules 36.16 (pre Action Protocol) Will Be Submitted Along With The Enclosed Data Subject Access Request For Compliance.

I Must Inform You That Any Further Atempt At Enforcement While This Account Is In Dispute Will Be Reported To The Office Of Fair Trading As I Will Consider It An Offence Under

 

consumer Protection From Unfair Trading Regulations

And Require A Full And Final Response To This Dispute.

[postggj]

LETTER NUMBER 2 TO SANTANDER

 

SEND THIS TO SANTANDER

[your address]

 

 

 

[their address]

 

 

[DATE]

 

 

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 copies of all the data which you hold on me in relation to any matter and in any form and for any period of time.

Please note that I require disclosure of any personal data[ which you hold on me for the entire period of my dealings with you.

The Subject Access is not limited to my transaction history and it is not linited merely to 6 years of historical information.

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other 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 financial business with you.

I require all information on details of all insurance products supplied by santandaer. This is to include the statement of means, statement of price, details of all insurance premium tax paid, and underwriting sheets.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties or charges which are invalid under the Unfair Terms in Consumer Contracts Regulations against me, then I shall be reclaiming them together with any interest harges which you have levied on them.

As it is your wrongdoing and mishandling of my account which has created the necessity for this Subject Access Request, I shall also be reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

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.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,