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    • Sorry, just to be clear; I handed the car back in November time.
    • Hi dx,   Thanks for the quick reply!   Unfortunately the history is a tad complex but I'll give it a shot: I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf.    Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naive on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc.    Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was goobsmacked.    I told them there's no way I can pay that; I don't have a job. Not interested. So I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation so I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.   Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.   As far as I'm aware though, a PCH isn't regulated by the CCA?   What do you reckon?     
    • please complete this:   You have received a Court Claim ISSUED IN ENGLAND & WALES What you need to do - Financial Legal Issues - Consumer Action Group
    • the number of people that can't pay rather than just WON'T pay, that were arrested for non payment of CTAX in the uk can be counted on the fingers of one hand. seriously, forget about that ever happening to you or it ever ever going that far. yours is very obviously not a case of wilful refusal to pay.    get you MP onboard as quickly as you can monday.   i can tell you now the council will not accept £5PCM . you need serious help if you are in such dire trouble and to be honest why has this just happened this year or is this problem greater than simply not paying since april? what happen in previous years were you able to meet CTAX ok? explaining the above in your brief but concise contact with your MP will go along way to them intervening much quicker.                
    • i wouldn't worry about the other persons data thats a 2nd string for later.   you need to deal with this threat. whatever it is... tell us the story and name names with dates and times etc.   they cant threaten you with a CCJ to VT a vehicle, you probably mean a return of goods order.?   do you still have the vehicle? i will gather so and you are behind with the finance agreement, with Santander, is this an hP agreement or a personal loan whereby the car is specifically mentioned please.   i will guess its just a std DCA (who) on behalf of their client (santander?) threat-o-gram whereby they haen't a clue what they are doing but think it's the right one to send..   only the OWNER of any debt can do court, and if its vehicle finance via HP/per loan whereby you've paid more than 1/3rd, there is stuff and all anyone can do without a return of goods order as under the Consumer credit Act, the vehicle becomes protected goods past 1/3rd paid   spill the beans   dx  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Hi

My son got a parking ticket from the council in Feb and the silly bugger didn't pay it. I got home from work yesterday and the bailiffs had levied on his car which is under finance.

The original fine was £80 and now they claim its £284.10. On the sheet they posted through it says the fine was £95. He phoned the bailiff and she was willing to drop the balance to £165.28 but he had to pay the amount in full.

I phoned her to query the levy charges and explained she has levied on a car which is under finance but she wouldn't drop the fees. She claimes that they can still clamp it when its under finance.

Should he pay the reduced amount or shouls he stand his ground?

 

roz

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They cannot levy a car that is on finance its a simple as that, They can only levy on goods that belong to the debtor.. which bailiff company is this. You should really make a complaint to the chief executive of the council and let them know the bailiff has committed an illegal levy and refuses to budge on the fees. In the meantime I would pay this amount as it seems quite reasonable then argue the fees at a later stage, other wise it could end up costing far more.

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Hi sean thanks for your reply. The Bailiff is from Marsden group.she claims she has called to the house twice but if she did nothing was posted through to prove this.

My son is a young 19yr old he is working full time although he isn't on a huge wage and he bought the car on finance last year, He also pays over the odds for his insurance so i refuse to sit back and watch him being taken for a fool.

I will tell him to pay the asking amount for now and claim the fees back as you sugested. I will also put a complaint into the council and see where it gets him

 

thanks again

 

roz

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Hi

My son got a parking ticket from the council in Feb and the silly bugger didn't pay it. I got home from work yesterday and the bailiffs had levied on his car which is under finance.

 

Levy is not vaild so dont need to pay any levy fees. Goods on finance remain the property of the finance company until the final payment is made.

 

The original fine was £80 and now they claim its £284.10. On the sheet they posted through it says the fine was £95. He phoned the bailiff and she was willing to drop the balance to £165.28 but he had to pay the amount in full.

 

Taking you for a ride, the law only provides for 20% of the amount you are fined. £115.00. There is also a letter fee £11.20 but you only pay that if the bailiff can show compelling evidence it was delivered.

 

Sch.1 Road Traffic Debts (Certificated Bailiffs) Regulations 1993 http://www.legislation.gov.uk/uksi/1993/2072/schedule/1/made

 

I phoned her to query the levy charges and explained she has levied on a car which is under finance but she wouldn't drop the fees. She claimes that they can still clamp it when its under finance.

 

Phone the bailiff again, this time record the bailiff saying that, then file a Form 4 complaint. Make sure the unbroken recording contains the bailiff confirming his name and his firm. Say as little as possible and promptly end the call with a thank you. Be VERY polite, the recording may need to played before a judge to support your complaint if the bailiff decides to lie. If he does lie in front of a Judge then you are laughing! Section 1 of the Perjury Act 1911.

Professional property investor and conveyancer

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