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    • Hi everyone. We purchased a new bed from dreams 26/12/2017 which was delivered 01/02/2018.  We also purchased their delivery, assembly, take the old one away, tv, mattress, mattress protector, pillows and their 'bed cover' 8 years extended warranty.  We paid by 30 monthly interest free instalments and so just made the final payment.   It is a heavy duty king size lift up storage bed with a built in tv at the end.  It has always been a struggle to lift, my wife cannot do it on her own and it rarely stays up by itself.   At the beginning of this year, we noticed it had started to dip considerably in the middle.  Not the mattress, but the wooden base the mattress is on.  So on 09/02/2020 I emailed them about the issue.  They started by saying the mattress is not covered only the base, until I pointed out it is the base at fault not the mattress.  So they sent out Homeserve on the 25/02/2020 to come and repair.  He did what he called a temporary repair, said that the bed had failed due to a manufacturing or design fault (the metal bolts holding the wooden base to the lift up supports have pulled out of the wood) and that dreams would be in touch to arrange a replacement.  His temporary repair barely lasted a day, the bed was still dipping and he took plenty of photos for himself but seemed in a mad rush to leave.   Of course they didn't contact us, so on 30/03/2020 I emailed them back.  01/04/2020 they emailed back confirming in writing that it is a manufacturing fault and their sales team would contact me, however as expected due to Covid-19 this may take a while.   30/06/2020 I asked for an update.  03/07/2020 they replied saying their claims department would contact me within 5 working days.  They didn't. 15/07/2020 I emailed back asking them to escalate my complaint as well as providing a refund and compensation as we are now struggling to sleep and experiencing back ache due to the bed's extreme dipping, plus I am worried about the mattress getting damaged. 23/07/2020 They replied saying we are not entitled to a refund as it is a guarantee claim and they have passed it once again this time to their guarantee company to contact us. I have still not heard back.   This is now getting beyond a joke and I wanted some guidance on how I should proceed.  We are struggling to sleep in the bed and cannot now even open the bed to access our belongings inside as as soon as you try and lift you hear the sound of breaking wood.   Many thanks  
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
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      • 16 replies
the_maverick

Men come to collect car -urgent help needed!

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Hi All,

 

Like quite a few people I have struggled due to reduced hours & pay over the past year, which mean't I have struggled with car payments.

 

I have been pro-active and spoke to the finance people and said I can still pay most of the money each month but not it all. I have suggested paying over a longer period but basically no joy, I was told to pay up or they will put a debt collector on me. After being told in no uncertain terms they will not negotiate (I must have sounded like terrorist!) I said fine, pass it to a debt collector and maybe I can negotiate with them as they were being totally unreasonable.

 

I am 3 payments behind and I could have paid some of that but they insisted on the full amount so I paid nothing!

 

Out of the blue, no letter, a man turns up at the house to reposses but thankfully I was out. He then went to my neighboura asking questions to my whereabouts.

 

Long story short what are my rights here if any? I have not paid a third yet which a believe is important?

 

Also, If the car goes back I will get clobbered with a large bill still as I understand they just sell the car at auction for whatever and I will be billed for any difference which would probably be for several thousand.

 

My partner is very worried so anything I can do to put her mind at rest a bit would help if they return and I am not home. :-(

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Hello and welcome :)

Firstly we need to know what kind of agreement you have, namely is it a Hire Purchase agreement Regulated by the Consumer Credit Act 1974??

 

If poss could you scan and post it up?


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi,

 

I can't seem to find my document, will keep looking as I am normally very good at keeping hold of things!

 

But I think I have all the relevent info.

 

It is a hire purchase through Mercedes. Started 08/08. Initial debt including interest was for just over £30k I believe. Just checked my credit report and it says I owe £24k.

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That's fine, the chances are it will be regulated as it was a post 2007 agreement unless the sale was made as a business purchase.

 

Have you received a default notice?

Was there any PPI?

How many months was it over?

Did you pay a deposit?

Where is the car parked?

 

Sorry for all the questions but the more info we have the greater the chance somebody can help :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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No, it was bought for personal use.

 

Default notice - Yes I have had one. It seemed ok with amble time to remedy.

PPI - No, never get conned into these.

Over 48 months - with £8k balloon payment at the end.

Deposit - I am pretty sure it was NIL deposit.

Parked on my driveway.

 

Please any questions you want!!:)

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Are you sure you haven't paid a third? You need to check the figure stated in your agreement under the "repossession your rights section" against what you believe you have paid.

 

Tell your partner not to worry, as long as the car is parked on your drive they cannot take it without a court order :)

 

Just always be sure to keep it off the public road when parked.

 

This will buy you a bit of time to get things sorted.

Did you not receive a termination notice??

 

It may be possible to apply for a time order where the court can grant you more time to pay or lower repayments.


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Thanks, extra time to pay was really all I wanted. Things are picking up slowly for me but you would of thought they would be happier getting all there money but it taking a bit longer than planned.

 

Am I right in thinking that if they 'did' take the car of the drive without permission they have to repay all monies paid to date? Just been reading other threads!!

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ha ha!! and the rest!! :D entering your premises to retake your vehicle is unlawful, if they choose to break the law then they must face the consequences ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Thank you.

 

I would assume if they are unable to get the car back, and still refuse to bend a little about repayments, they will push ahead with a court order to retrieve it.

 

Will try and find more info about time to pay orders.

 

Thank you so much!:D

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If they apply for a court order, known as a Return of Goods Order, you will receive notice of it and also get the opportunity to make an offer in order to keep the car and make payments you can actually afford. Court Orders aren't nearly as scary as they first seem ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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I've always found this site really useful and informative-Debt Factsheets - Time Orders


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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The chances are they will be back. You need to make it clear to them that they are not permitted to take the car off your premises, if they insist that is what they are going to do you need to call the police. Don't expect any help from the police!!!! All they will say is that they are attending to avoid a breach of the peace and won't get involved because it is "a civil matter". My point is they are very credible, indisputable witnesses :D

 

Keep hold of the keys and log book, make it clear you are not giving consent!!

 

Just my recommendations should the worst happen, I've been in exactly the same situation ;)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Thank you, I will sleep a bit better now.

 

Will keep you posted on what happens..

 

many thanks again.

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It may help later, if you could provide evidence that you offered payments, eg dates and times and names of people to whom phone calls were made, copies of letters etc. It wont hurt if you have it.


Any advice I give, is given with the best intention of helping. I am not legally trained, so it is probably best to just ignore me;)

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Thank you, I will sleep a bit better now.

 

Will keep you posted on what happens..

 

many thanks again.

I'm so glad, I do know how you feel and it can be a very terrible time always wondering if your car is stil going to be there every time you look away. It really isn't as bad as all that, there are always options and you'll get a multitude of support on cag. Best of luck to you :)


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Finally had a doorstop visit from the repo people today. Must admit it was not quite as scary as I thought, and the chap seemed genuinely helpful giving me all the options. Wont pretend to trust him completely though.

 

As its with Meccedes own finance he says it goes back into there dealerships and not sold at auction so any shortfall should be minimal (but of course no guarantees).

 

But he also stated that if I did not surrender the car voluntarily then the 'case' gets returned to Mercedes and they issue a court summons for the return which is a formality and I cannot even attend court to discuss options like a time to pay order. That bit I am not too sure about so would apreciate some advice....:confused:

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If its anglia you are talking about you need to be paying them whatever you can. If you havnt paid them anything tonight and they are talking about closing the file and If you dont make any payment then as soon as anglia close the file it will be passed over for a court order if you have a regulated agreement. If you dont ,expect to lose your car by the weekend. The collections people at mercedes are quite a helpful bunch- but obv if you havnt paid anything at all since you had that last conv with them then it looks detrimental. they have a new 24/7 card payment line where you can ring merc finance on there normal collections number and make a payment without having to speak to anyone. The courts expect a darn good reason for providing a stay order- normally that you have been making payments of whatever you can in the meantime regardless.

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Finally had a doorstop visit from the repo people today. Must admit it was not quite as scary as I thought, and the chap seemed genuinely helpful giving me all the options. Wont pretend to trust him completely though.

 

As its with Meccedes own finance he says it goes back into there dealerships and not sold at auction so any shortfall should be minimal (but of course no guarantees).

 

But he also stated that if I did not surrender the car voluntarily then the 'case' gets returned to Mercedes and they issue a court summons for the return which is a formality and I cannot even attend court to discuss options like a time to pay order. That bit I am not too sure about so would apreciate some advice....:confused:

Don't listen to a word of it!! :-x LIES!!! This is the very thing that needs exposing and every time I read the bullcr*p that these bullies feed people the more determined it makes me to fight harder to get it out there :-x

 

A COURT ORDER FOR RETURN IS NOT A FORMALITY!!

 

There is no way a claimant gets to make a court claim against a defendant and the defendant gets no opportunity to be involved! Unless I'm terribly mistaken, I was under the impression that there is some kind of justice system in place in this country whereby people are NOT passed judgement on without the right to defend themselves!!

 

This man has blatantly lied to your face :evil:

 

If they apply for an order you will receive a form from the court whereby you WILL get an opportunity to make payments you can afford. In fact, I'll find it and show you.....

http://www.hmcourts-service.gov.uk/courtfinder/forms/n9c_0406.pdf


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi TM, if you can't sleep (and who wouldn't be surprised if that were the case) then read Wannabefreeofdebtsoon's fred at

 

http://www.consumeractiongroup.co.uk/forum/vehicle-repossessions/242261-car-repossessd-off-private.html

 

It's the best read you'll have for a while. Ignore the advice given by anybody associated with the original creditor (OC) as they're not to be trusted. You may find that their solicitors don't quite comply with rule 10.01 of the Solicitors' Regulation Authority code of practice for solicitors which refers to not taking unfair advantage (they pull stunts like producing previously requested docs out of a hat in front of a judge saying things like "Ooooh look judge, this is what we found this morning just before we left for the court house"), you may find that the part of the lending company that is responsible for sending you information to which you are legally entitled suddenly finds that it cannot locate your data. If you do find these despicable practices going on then complain to every regulatory body you can find. I don't condone avoiding debt but I don't condone corporate bullying and duplicity either! Remember - you didn't start the banking crisis.

 

DPM

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If its anglia you are talking about you need to be paying them whatever you can. If you havnt paid them anything tonight and they are talking about closing the file and If you dont make any payment then as soon as anglia close the file it will be passed over for a court order if you have a regulated agreement. If you dont ,expect to lose your car by the weekend. The collections people at mercedes are quite a helpful bunch- but obv if you havnt paid anything at all since you had that last conv with them then it looks detrimental. they have a new 24/7 card payment line where you can ring merc finance on there normal collections number and make a payment without having to speak to anyone. The courts expect a darn good reason for providing a stay order- normally that you have been making payments of whatever you can in the meantime regardless.

Well thanks for that!! If the OP loses his car by this weekend then I will be there every step of the way to make sure he sues the pant off your precious merc finance! I doubt very much they will be able to close the file, refer it back to the OC, apply for a court order, receive a hearing date, attend a hearing, obtain an order, apply for a warrant of execution and then wait for the bailiffs to enforce the warrant in 3 days, that'd be an almighty record in anyone's book!! So if the car is gone by the weekend there will be merry hell to pay :evil:

 

I think you have misread this thread somewhat, the OP has said from the beginning he has been trying to negotiate a temporary reduction in payments but the OC has refused all offers, and you think the collection team at merc are "a helpful bunch"??!! Well I'd hate to see them when they were being unhelpful!!

 

The courts WILL get a damn good reason! "I have been paying what I can afford, I have tried to negotiate, the creditor refuses to help me and instead threatens DCAs and repossession". Sounds like a top reason to me!!

 

Your loyalty to your company is admirable, but I can assure you that by doing what you have done today you have just caused them a massive headache. It is exactly this kind of bullying, threatening and deceitful behaviour that needs exposing. :-x


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Hi TM, if you can't sleep (and who wouldn't be surprised if that were the case) then read Wannabefreeofdebtsoon's fred at

 

http://www.consumeractiongroup.co.uk/forum/vehicle-repossessions/242261-car-repossessd-off-private.html

 

It's the best read you'll have for a while. Ignore the advice given by anybody associated with the original creditor (OC) as they're not to be trusted. You may find that their solicitors don't quite comply with rule 10.01 of the Solicitors' Regulation Authority code of practice for solicitors which refers to not taking unfair advantage (they pull stunts like producing previously requested docs out of a hat in front of a judge saying things like "Ooooh look judge, this is what we found this morning just before we left for the court house"), you may find that the part of the lending company that is responsible for sending you information to which you are legally entitled suddenly finds that it cannot locate your data. If you do find these despicable practices going on then complain to every regulatory body you can find. I don't condone avoiding debt but I don't condone corporate bullying and duplicity either! Remember - you didn't start the banking crisis.

 

DPM

Thank you :oops:

 

Couldn't agree more!! :D


“First they ignore you, then they laugh at you, then they fight you, then you win.” - Ghandi

"You must have the resources to deal with the judicial intervention - the confidence not to be overawed, the resilience to respond, the tenacity to challenge, the tact to mollify, the authority to inform and persuade."

 

Strength does not come from winning. Your struggles develop your strengths. When you go through hardships and decide not to surrender, that is strength.

 

<-- If I have helped in any way please click my star!! ;)

Oh and I am a lady!! :)

 

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Thanks everyone, the moment I read that person's reply I thought it was an 'employee' of some discription. So obvious.

 

What is the position of cars parked on shop car parks? The repo man mentioned he could simply come to where I work to collect if it he wanted? I have read that this is a grey area?

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Hi TM, do you know if it's classed as private property, i.e. owned by the shop? Do you know who or what maintains the car park? Is it council maintained? Is there a physical barrier that can be used to stop people entering onto it? Are there warning signs (from clampers - grrrrh!) that say that it is private property?

 

I know that WannaBe has done a lot of research on this so will probably have even more questions! Just wanted you to know that others in a similar situation but a bit further down the road want to make sure that you're not stitched up by these people. Makes me so mad that I turn green and split my T-shirts!

 

DPM

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Hi DPM,

 

Yes, it is owned by the Company. Its an out of town centre and is not shared by any other business and is solely for use of its customers. The entire estate is locked at night too, just in case that makes any difference?

 

TM

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Sounds very private to me. Have a look in the vehicle repossessions section or google something like

 

car repossessions off private property site:consumeractiongroup.co.uk

 

which will show you all the posts on consumeractiongroup.co.uk regarding your particular problem. You can refine your search by adding + or - in front of particular words e.g. +welcome will look for posts with welcome in them, -welcome will ignore welcome. You can search on phrases as well "car repossession off private car parks" with quotes around the phrase which will look for that phrase. Useful stuff to know!

 

From what you say about the property and what you've been told by the repo man I would say (IMHO) that he's trying to scare you by using the usual bully boy tactics (pathetic really). But that's my personal opinion and you should double check with somebody who really knows like Consumer Credit Counselling service or Citizens' Advice Bureau. Best of luck, stand up to these bullies you might find that they are trying to scare you into making a decision that is not in your best interest. You're in good company on CAG.

 

If you look carefully at your agreement with the help of people on CAG you might even find that they OWE YOU MONEY. I've just found this out on my car finance agreement. One minute they're threatening the way you describe and after reading an awful lot of posts I realise that they're actually worried that I may find out they've been a wee bit naughty! They have been charging me for something that they shouldn't have and I'm now about to give them more grief than they've given me. Did you read Wannabe's thread? Absolutely brilliant and a wonderful inspiration.

 

DPM

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