Aston Reposessed - 007 needs your help!!!

[bpatterson72]

moved to repos

Edited July 8, 2010 by bpatterson72
advice

[postggj]

How Many Payments Have Been Made

 

Has A Third Been Paid On The Agreement

 

Was The Vehicle Repo On The Road Or On His Drive

 

Was The Repo By Consent

[bpatterson72]

How Many Payments Have Been Made

 

Has A Third Been Paid On The Agreement

 

Was The Vehicle Repo On The Road Or On His Drive

 

Was The Repo By Consent

 

****

 

Hi,

 

I await that info but I think only 6 or 7. The amount of credit is over £25,000 so I thought would not be regulated by the CCA? However, this agreement suggests that it is is a CCA agreement but then does not include any of the normal statements. For instance, should there not be a section on a cooling off period etc?

 

The car was taken from his driveway with his consent.

 

Cheers

[postggj]

There Is No Cooling Off Period If Signed On Trade Prem

[postggj]

I Am Starting To Get Concerned About This Thread

 

Alarm Bell Ringing

 

Hope Ime Wrong

[bpatterson72]

I Am Starting To Get Concerned About This Thread

 

Alarm Bell Ringing

 

Hope Ime Wrong

 

Why?

[bpatterson72]

Hi - I hope some caggers might be able to help me with this one. A very good pal of mine has fallen on hard times and had is car repossesed. VW Finance are chasing him and have issued proceedings on the multi-track for circa £20,000 (difference between what they claim was owed and what the car was sold for at auction). I am trying to help him defend the claim as there are a number of points where the claimant is being unreasonable. For instance, they have not allowed any early settlement rebate as detailed in the terms of the agreement and are charging him for all manner of remedial work on the car which was not required and is not, in any event, recoverable. Couple of questions :-

 

1. Is there anything in the construction of the agreement that could leave it unenforceable? It was signed on trade premises and was a refinancing of an existing 3 year deal which had come to an end.

 

2. The court proceedings and default notice have been issued in the wrong name - his name was Watts and they have issued all the default notice and claim in the name of Watt. Do you think he should simply keep his mouth shut and wait for the Bailiff to arrive (if he loses) and send him packing because judgment is in the wrong name? Should he use the discrepancy in his defence - presumably they will just re-issue or apply for some sort of amendment to the existing claim (the agreement is actuually in the correct name).

 

Any help would be great.

 

bump

[wannabedebtfreesoon]

Come over to Vehicle Repossessions

[wannabedebtfreesoon]

In the 2006 amendments to the CCA 1974 the financial limits section ceased to have effect, therefore all agreements made after April 2007 for more than £25K WILL be regulated by the Consumer Credit Act 1974. This is a good thing!!

[bpatterson72]

Hi - I hope some caggers might be able to help me with this one. A very good pal of mine has fallen on hard times and had is car repossesed. VW Finance are chasing him and have issued proceedings on the multi-track for circa £20,000 (difference between what they claim was owed and what the car was sold for at auction). I am trying to help him defend the claim as there are a number of points where the claimant is being unreasonable. For instance, they have not allowed any early settlement rebate as detailed in the terms of the agreement and are charging him for all manner of remedial work on the car which was not required and is not, in any event, recoverable. Couple of questions :-

 

1. Is there anything in the construction of the agreement that could leave it unenforceable? It was signed on trade premises and was a refinancing of an existing 3 year deal which had come to an end. It says it is a consumer credit agreement but presumably not given the value of the loan????

 

2. There have only been about 6/7 payments made.

 

3. The court proceedings and default notice have been issued in the wrong name - his name was Watts and they have issued all the default notice and claim in the name of Watt. Do you think he should simply keep his mouth shut and wait for the bailiff to arrive (if he loses) and send him packing because judgment is in the wrong name? Should he use the discrepancy in his defence - presumably they will just re-issue or apply for some sort of amendment to the existing claim (the agreement is actuually in the correct name).

 

Any help would be great.

 

P.S This post was originally in the wrong section. Sorry.

Sanitized version VWFS agreement.pdf

[wannabedebtfreesoon]

Hello, I've alerted site team to get your thread moved so hopefully it'll be here shortly!

[bpatterson72]

In the 2006 amendments to the CCA 1974 the financial limits section ceased to have effect, therefore all agreements made after April 2007 for more than £25K WILL be regulated by the Consumer Credit Act 1974. This is a good thing!!

 

Thanks - have moved it across to vehicle repossessions.

[wannabedebtfreesoon]

The agreement you've posted up is a "pre contract information", do you have the actual signed agreement??

[MARTIN3030]

Moved here as requested.

[wannabedebtfreesoon]

Moved here as requested.

Thanks, any chance of getting the two threads merged??

I'm so demanding ha ha!

[saintly_1]

Threads merged

[bpatterson72]

The agreement you've posted up is a "pre contract information", do you have the actual signed agreement??

 

Well spotted. I don't think he does have anything other than this. Shall I ask him to send off a CCA request with £1.00? Thanks. Bryan.

[Calb0b]

Having looked at the downloaded agreements the actual agreement is there as well as the the pre-contractual.

[wannabedebtfreesoon]

Tis true, the actual agreement follows the pre-contract, gonna invest in some specs

 

I'm unsure what you mean about this being the refinancing of a 3 year deal?? Are you saying that he has had the car and been paying for it for 3 years previous to this??

 

Also another important point would be the consent he gave to have it removed from his property. Could you possibly go into intense detail about what actually happened on the day and the events surrounding?? Could be crucial. There's consent and then there's consent!!

[bpatterson72]

Tis true, the actual agreement follows the pre-contract, gonna invest in some specs

 

I'm unsure what you mean about this being the refinancing of a 3 year deal?? Are you saying that he has had the car and been paying for it for 3 years previous to this??

 

Also another important point would be the consent he gave to have it removed from his property. Could you possibly go into intense detail about what actually happened on the day and the events surrounding?? Could be crucial. There's consent and then there's consent!!

 

Hi. He originally had the car on a three year agreement with the same company and that agreement had reached the end of its term. He could have handed the car back without penalty (or paid the balloon payment)but was under the misapprehension that their was some equity left in it. He therefore agreed with VWFS to enter in to a new deal with them (as per the contact uploaded) - effectively refinancing the balloon due and committing to a new hp deal.

 

As far as the consent was concerned, he was well behind with his payments and therefore spoke with the finance company and they mutually agreed that they would collect the car from his home. He had written offers from motor traders that he made them aware of prior to collecting the car but they ignored these as they were slightly less than he owed on the vehicle. They then sent the car to auction where it sold for a lot less than he owed on it and there were auction fees etc etc!!!

 

What about the pre-contract info etc etc - do we think that is in the prescribed format? What about the fact that the court proceedings are in a different name to the agreement?

 

Thanks.