Sharon V On:Line Finance **WON**

[:Boy:]

I am still awaiting a copy of the original agreement and a copy of the Default letter, that supposedly sent.

 

The 30 day period has gone by and they still have not provided any information.

 

Will file at Court, when I get the cash.

[bearo]

You will be waiting for a SAR request from these guys, they are very slow at providing the info...keep on at them, I rang and read the non compliance bit out to them over the phone and hey presto got my info....

 

Just an update, judgement for claimant issued on 31st Oct, lets hope they either pay up or forget as I really do not want a set aside now...christmas is coming and the goose is getting fat and all that

[gollum237]

I've just had a letter through from some debt recovery agency now on behalf of on:line claiming the £301.

I'm going to send the LBA out to on:line tonight and write to tell recovery agency that the claim is in dispute. I think this is going to be a tricky one.

[Kerrie78]

Hi. I paid off our car finance a few weeks ago so the actual account is showing as 0.00 balance. However, there was a statement of charges from when the account was opened which amounts to about £600 of which £148.00 is still outstanding by us.

I sent a refund request letter off 2 weeks ago but as in #13 I got this:

 

The OFT regulations refer only to £12.00 limit on default cxharges incurred by creidt cards. The agreement you entered into with us was a conditional sale agreement regulated bt the consumer credit act 1974, which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred. A tariff of these charges was included with your welcome pack at the beginning of your agreement. We must therefore aver that you have agreed to pay these charegs from the outset and thus do not accept your claim for re-imbursment"

 

Can you remember, or do you have a copy of the second letter that you sent. I wouldn't have thought that the one for bank templates was relevant.

Sorry for gatecrashing your post but I just know they'll be knocking for thei 'unenforceable' £148.00 pretty soon!

 

Thanks

Kerrie

[bearo]

Why is the bank one not revelant?? I sent the lba from the library but adjusted it to suit my needs, I have learned over time that the above they sent you is complete rubbish and intended to fob you off...

[Kerrie78]

Hi.

Brilliant, I thought it was just a fob off but you never know and I always start doubting myself.

Re the bank template, I looked through it but because On:line had already said that referring to bank issues wasn't relevant I thought that some of the quotes etc might be out of place.

I did a search for GMAC anyway and found an excellent template from someone else who had successfully challenged them so I have amended that one to suit my own claim.

I have actually posted it on my own thread though entitled On:Line or is it GMAC

 

I only posted on this thread to see how others were getting on who were at similar stages to me.

[gollum237]

I amended the standard LBA as well, including a paragraph working out what they are claiming I owe, what I have paid and requesting the writing off of the rest.

Lets see what happens.

[bearo]

Update, I rang Online finance this afternoon to ask them whether they would like me to save possible embarassment of baliffs, me and a camera crew coming to see them if I issued a warrant of execution to get my money back..I told them that perhaps it was better all round if they just paid up what they have been ordered to without further delay.

 

I was on hold for 5 mins and then was informed that a cheque will be raised this afternoon and signed by the manager, I should have it Wednesday at the latest, we shall see, hopefully though they will follow through with their promise and I haven't got to mess around with County Court Baliffs.

 

Happy days.

[bearo]

Well, they have paid up as promised, didn't arrive until Friday, the cheque was also £3.76 short, when i queried this I was asked "You are going to complain about a couple of pence???" The lady on the other end of the telephone couldn't seem to understand they fact that this is my money, I did ask her how I wondered if I rang them last feb and explained my car payment was short by £3.00 this month would it be ok as it was only a couple of pence...she didn't reply! I guess that was my answer!

 

So, yup, I have won, fab, I am half debating for a bit of fun, pursuing them for the other £3 odd, the fact she made a remark like she did on the phone makes me want to.

 

Happy days.

[tamadus]

I wouldnt mess about Ollie. The court order was for a particular amount and it is not satisfied until the full amount has been paid

 

I'd send them a letter saying unless the £3.76 was recieved within 7 days you were goiung to send the bailifs in just to see what they say:p

 

Oh and congratulations on the win.

[jonni2bad]

Indeed - perhaps before cashing the cheque you should write to them and state quite clearly that you'll accept it as partial settlement, giving 7 days for the remainder otherwise you'll instruct the court bailiffs without further delay (which will then cost them more, of course)

 

Congratulations by the way!

[Milo19]

Do it, send the letter asking for the rest. The would move heven and hell to get that out of us, so why should we get ours back! Plus, it'll be comical to see if they bother to fight it!?

[paulr8794]

Hi sharon . congratulatios! Can you tell me on:line finances/ GMAC address? I had a car finance agreement with them from 08/2000 and remember getting lots of ridiculous charges so Im going to take them on,

 

cheers paul x

[Redmountie999]

Hi guys,

 

sorry to hear that you've all had just as much problems with On:Line Finance ( now part of GMAC ) as I did when I had my hire purchase agreement with them.

 

I took out a £5600 HP Agreement with them in November 2000. I finished paying it off in August 2005. During my agreement they sent me numerous letters for arrears and charged me £12 per letter. Most months they sent me at least 3 of these so called arrears letters.

 

I filed against them on 29/01/07 and they had until 14/02/07 to reply. They failed to do this and on 15/02/07 the court entered a judgement by default. I asked for payment forthwith and so took out a warrant of execution against them.

 

Today I phoned them to let them know that the court baliff was going to arrive with a film crew from BBC X-ray programme and they have written and handed me a signed cheque for the full amout of fees taken, 8% s69 county court act interest, court costs and the £55 fee for the issuing of the warrant.

 

You can and WILL win against them guys, i'm living proof of that. This company will do anything they can to milk you of your money. They show no remorse and are happy to take money from you for sening out a piece of A4 paper costing no more than a £1. Court all the way with them and show NO mercy and give them NO room for negotiation.

 

Remember if they were seizing your car or taking you to court for non payment / default of agreement do you think they would be mercifull to you?????

 

If anyone needs any addresses or names ofthe people I dealt with please either post on thread or private message me.

 

I have two addresses for correspondence & service and a contact and telephone number of the senior litigations manager.

[:Boy:]

I have just checked on the wifes OnLine finance statement that they sent, and there are no charges on their at all. Would someone know what their charges were back in 2002/2003?

 

Thanks for your help and sorry for hijacking this thread, but it is an interesting one.

 

and congratulations on your win!