Jump to content


  • Tweets

  • Posts

    • Thank you. You still haven't given as much information. We need more. Please will you tell us who the retailer is – are they in UK or elsewhere? What was the item and what is its value? Did you declare the correct value? Or did the retailer declare the correct value? You say you paid by credit card – not a debit card against your bank account? Please read around all the Hermes threads on this forum. There is lots of good information there. In particular understand your rights under the Contracts (Rights of Third Parties) Act 1999.
    • I am sorry, but without seeing the contract, and knowing what is on it or what effect it has, it is impossible to say.     
    • A16 BYN is the plates that the car was advertised with, and obviously the plate which I checked the mot history with, I also thought the same that the website maybe hadn't been updated with the most recent mot that the dealer had got done, I asked for the original plate number whilst doing the logging in to my bank account, to pay both the dealer and the shiply transporter. Bearing in mind I had told the dealer around 6pm that I would get the deposit sorted out when I put my son to bed, that gave him every opportunity to send me any pre contract details etc. Just over an hour later (son still wasn't in bed) asked for the address of where the vehicle was to be picked up from as I couldn't accept the quote for the transporter without that information. Less than an hour after that he whatsapped me asking if I still want to buy the car because he's getting enquiries from other interested parties and is telling them that he's sold the car to me (no deposit  paid as yet). I then replied a few min later having finally got my son to sleep.    Anyway between me sorting out the details and where to pick the car up from, log into my banking to pay deposits etc he'd  messaged me the original plate no... which I didn't see until after I'd done all the aformentioned.    I decided to check the history on that plate as like yourself I had been confused about the mileage, low and behold there was the most recent mot containing 5 advisories which were never mentioned to me. Another thing I can't really understand is the expiry date of the mot before that either and I did query all of this with the dealer, only to be told that cars in Scotland are renowned for corrosion issues...and that if I had checked the mot history I would have seen them, I explained I had checked the history on the plate in the advert as I had no knowledge of what the original plate numbers were and he told me that the most recent mot was under the plate in the advert. Most certainly the mot certificate he then sent me on whatsapp had the advertised plate on the certificate,  however, it wasn't showing up on the dvla page.    By this stage I was irate with him for several reasons, for not notifying me of the advisories and telling me that he had checked the dvla and the most recent mot was showing up on the advertised plates, I then screenshot the page with the expiry and this car is not mot'd information, and 2 for telling me that cars in Scotland are renowned for corrosion issues!    Had he simply said, the car is 18 years old you're going to expect to have some corrosion at some point, I'd have been a bit more tolerant at that stage. Apon checking the history on the original plates, it transpired it passed the last MOT previous to the most recent one on the same day the advertised plates ran out, I still haven't quite fathomed out what is going on regards to this. However the previous mot showed no corrosion issues and as it hadn't failed on that basis, I would get the panel beater sprayer mentioned in an earlier post to have a look at it, and sort the issues out re that, also the main reason I had the car delivered to my dad's address as that's also the area where the panel beaters business is.  
    • I had a similar thought, TJ. The Guardian has done an explainer of the rules as of yesterday.   Someone said that if the government, had retained public trust, they might not have needed stringent measures like this.   https://www.theguardian.com/world/2020/sep/28/england-new-coronavirus-restrictions-explained
    • Retailers and Hermes.   I have a parcel that’s saying delivered but not arrived. This dates back two weeks. The retailer won’t contact Hermes but Hermes are saying I need to let the retailer know my package hasn’t arrived - as the contract is between them and Hermes, not me. I am going around in circles. Retailer just says here is the tracking and won’t acknowledge the parcel hasn’t arrived! 🤬   Paid for by credit card. £89. Any advice, please help
  • Our picks

    • Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
      • 3 replies
    • @curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
      • 8 replies
    • @skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
      • 8 replies
    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

car repossed and charged for scratches


Please note that this topic has not had any new posts for the last 3696 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

My partner took out hp on a car a few years back from approved car finance (welcome finance), he didnt understand the terms and conds still doesnt to this day, we took out all the insurances including ppi just incase he got made redundant, we kept up with the payments, then asked for a reduction on the payments my partner went to the office to reduce the payments and was told to sign a piece of paper (he is dyslexic and didnt have his glasses on) he signed the amended contract which he understood to be just reduced payments but to be payed back over a longer time, not knowing that they had cancelled the ppi (only the ppi) as the amount had not been reduced at all they failed to notify him they had cancelled the ppi. He carried on with the payments and got made redundant he is now on disability allowance we put in a claim for our ppi thinking we still had it as we hadnt been informed that it was cancelled, only to be told that we didnt have ppi but we still had the other insurances (coincidence that the only insurance we needed at that point had been cancelled) after going to the fos and being referred to different people over a course of 2 years they said my partner was at fault as he signed to cancel the ppi on which he had no knowledge of cancelling, during that time we have had various red letters from a debt company acting on their behalf demanding payment in full money we dont have being made redundant and being on disability, they told us to write to cancel the agreement (basically told we didnt have any choice but to write and cancel) didnt hear anything back from them, then out of the blue an rac man turned up to inspect the car, couple of weeks later welcome had added about £2000 on top of the finance for scratches and fag burns which were already on the car when we purchased it they said they will be carrying out the repairs and will send us the bill which they added onto what we owe, couple of weeks after that a man turned up out of the blue and repossed the car, we were not informed and didnt know what to do, who to phone so reluctantly handed over the keys, the man who was kind said there will not be any repairs made to the car it was going straight to auction, so why are they trying to charge us for work that isnt going to be done? and why are they still trying to charge us for a car we no longer have? i have no idea how i am going to pay them, i thought we was safe taking out and paying for ppi only to be told it is cancelled without our knowledge. We have no idea what to do, have considered bankruptcy?

Link to post
Share on other sites

firstly dont worry where theres a will theres a way.....when our car was taken by wfs it was in need of a new wing and front bumper (snow tut) and we havent been sent anything requiring us to pay anything! do you have copies of your agreements? did you receive a default notice? a termination notice? did you write and cancel the agreement?

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Yes we have copies of the agreements after asking for over a year, we didnt recieve a default notice they just turned up out of the blue to inspect and collect, we didnt get a termination notice and we wrote a letter of voluntary cancellelation but they said over the phone that we cannot terminate the contract unless we paid just over £2000 that day, so as far as i am aware because we couldnt come up with that cash the contract couldnt get cancelled.

Link to post
Share on other sites
Yes we have copies of the agreements after asking for over a year, we didnt recieve a default notice they just turned up out of the blue to inspect and collect, we didnt get a termination notice and we wrote a letter of voluntary cancellelation but they said over the phone that we cannot terminate the contract unless we paid just over £2000 that day, so as far as i am aware because we couldnt come up with that cash the contract couldnt get cancelled.

 

so they havent defaulted....havent terminated....therefore havent repossessed!

I would strongly recommend getting a SAR and finding out under what circumstances they have 'collected' the car as they cant have legally repo'd it as they didnt default or terminate and if as you say you werent allowed to voluntary terminate what reason do they have to collect the car!!

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Ok so i will get a SAR, im dealing on behalf of my parnter who is dyslexic im at my wits end trying to sort this out, the paper work i have got which is very little as my partner sent all his orignal documents to the FOS like a dumba** is just arrears letters an one saying we can pay them "a brilliant offer of £1900" and a form from who collected the car saying he collected it on basis of vt/vs, but we have never had a letter off welcome to say they have accepted our volutary termination cause they said they couldnt terminate unless we paid them half, most of the dealings were over the phone as my partner cannot write letters, i dont think im going to get anywhere with this as i have little paperwork and its been so many years its hard to remember everything

Link to post
Share on other sites
Ok so i will get a SAR, im dealing on behalf of my parnter who is dyslexic im at my wits end trying to sort this out, the paper work i have got which is very little as my partner sent all his orignal documents to the FOS like a dumba** is just arrears letters an one saying we can pay them "a brilliant offer of £1900" and a form from who collected the car saying he collected it on basis of vt/vs, but we have never had a letter off welcome to say they have accepted our volutary termination cause they said they couldnt terminate unless we paid them half, most of the dealings were over the phone as my partner cannot write letters, i dont think im going to get anywhere with this as i have little paperwork and its been so many years its hard to remember everything

 

Im here on behalf of my husband too who has no extra need he is just a dumba$$ lol

oooo so they have stitched you into a VT....had you paid 50% by then?

the FOS will return paperwork if requested - it cost them the best part of £3 to return ours 2nd class when they refused to advise LOL

dont worry about whats gone on so far just get a sar in (template at the top of the welcome forum but if you are stuck give me a shout and ill post it here) and we can take it from there, the sar 'should' give you all the paperwork you need (plus definitely ask the fos for your copies back)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

I wouldnt even like to try and guess what they are up to/been up to defo get the sar off and request documents back from fos as well hopefully the sar will come quickly and will be plenty of ammo to sort this for you :)

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites
If no DN and termination notice was issued surely this is an unlawful recission of contract

 

generally i would agree but as the op has been tricked into signing VT i dont see how you could prove that as the car hasnt been repo'd

I am a consumer just like you, please get a second opinion or investigate yourself on anything I advise as I am in no way legally trained. Everything I know has come from the Mighty CAG and fellow CAGGERS. :cool:

 

If I have helped in any way please click my reputation star and make a donation to CAG to enable us all to continue to help each other :cool:

Link to post
Share on other sites

Maybe the question of 'informed consent' might be raised??

What did the letter of cancellation actually say? Were you actually made aware of what the consequences were of that action?

If it were me I would go for unlawful repo under sec 90 as there wasn't informed consent when handing the car over as long as the cancellation letter didn't state something like "please accept my termination of this account and come and collect the car"!

Alternatively Sec 140 Unfair Relationship. Court is the only language these criminals understand, the FOS and the like will be less than useful.

 

Just my thoughts as usual :-)

“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!! :)

 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...