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    • I haven't seen any legislation pertaining this, however because I have been looking at the consumer issues that may be why. He has now had the final letter before action letter and read it several times, however in his first response on my second 14 day limit letter he raised the issue that his health isn't good at the moment, which I believe is another fallacy, cars are still being sold and added to his page on autotrader.    If you could point me to the legislation you are reffering to then that would be most helpful and welcome.   TS have seen the invoice, and passed this on to his local TS.
    • it is not the only way to proceed and IMHO the wrong claim to raise, should you wish to raise one in an english court   if you really do want to raise the claim under consumer rights issues, i suggest you have a chat with TS again first and ask them if this is a good idea?   the pre contract info doesn't exist nor is applicable because you nor he ever entered into any contract covered by any consumer rights. he illegally sold you, a member of joe public, a car using a strictly traders only method.   i would hope TS point out the above and p'haps suggest you raise a different claim possibly encompassing this mis-sale and that you had no knowledge what he had ultimately done is illegal, nor that you ever agreed to do it anyway, as you now realise as a member of joe public, not a trader, you couldn't. you might even find TS will help, support and be involved with you in court regarding this too.   as it stands with cards on the table, he is under no obligation to pay for collection of the vehicle, you don't want to risk returning the car and never getting your moneyback - it's a stalemate where he is smiling still until you raise the correct claim.   although you have issued , 2 is it now, court warnings, it might be better to finally issue one correctly stating what you are going to do, then he might realise the penny has finally dropped and the game is up. there would be no harm in stating that to avoid such actions, should you pay me back by bank transfer the sum of the car and my initial transportation cost of xxxx, making £xxx in total by xxxxx date, i will not raise the claim.   The situation would then be far more serious for him and he might capitulate, inc refunding transportation costs, in the want of not being exposed in court, as there are numerous well publicised court cases whereby by traders have been hammered hard for pulling doing this scam on joe public.   another advantage of doing the above claim is you might get to keep the car for free, get all your moneyback.            
    • Hey guys came across this site today wow how great is this anyway.  here is my story    Car found on autotrader  £1800 merc  mot  vgc blah blah and stated had recon / gearbox fitted  / spoke to the garage selling the car and asked if they would take my faulty bmw in px it had issues which were explained to the garage  he said £900 cash and my car ok deal done    i drove to manchester in my car the owner was all chat and praise for the car he was selling and told me how it dropped its oil from the gearbox and how they fitted a new gear box so i thought ok im all good to go  deal done drove home    its now 3 weeks later and the transmission has failed  green flag recovery   i tell the garage this morning after looking into my rights and explained the situation   the person i spoke was trying to say its was his dads car and tuff luck buddy we aint helping u and telling me about the problems he fixed on my old car rather than help me with the current problem    the call ended as was in mid speak when he just hung up on me i text to explain thats no way to treat a customer    i have now written the standard letter as i found a template elsewhere  giving them 14 days to respond    I would like a little help with a follow up letter or my route to action after 14 days  as i dont think ill be getting a reply from them  regards patrick     
    • Can anybody advise me please?   Been living in rented accommodation for over 11 years, old landlord who leased property with his shop has now left and so agents have become my new landlords, so gave me a new contract.   I'm really nervous as not sure what my rights are and could I get evicted as new contract says short term, 6 months.
    • It's the only way to proceed, he has to prove irrevocably that he gave me that information, and agreed to it, which he cannot do because it doesn't exist. Not only that, he sent me a trade sales invoice, other than that you're pretty spot on.
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
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Hire Agreement regulated by the consumer Credit Act 1974


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Hello, I am hoping someone can give me some firm advice.

 

My husband bought a van from vans direct 2 and a half years ago. Payments have been made on time every month.

 

I changed back account last month and called -Network vehicals (finance company)to ammend their direct debit records. We recived a call a couple of days later from a leasing company saying we have been fraudulent as the van was personal with my husbands name only and the direct debit came from our buisness account. Thus we must sign a new agreement with a lease company.

 

The agreement is a 'hire agreement regulated by the consumer credit act 1974'.

We were sold it as buying.

We understand that the contract was signed ( although we have no signed copy) and we may have been missold. The company which did this are vans direct which have since dissolved and reset back up. So as we see it there is little we can do with regards to the misselling.

 

Our main concern is the aggressive way they are pushing us to sign a new contract headed 'Finance Lease Vehicle Order Form ' ( not covered by cca 1974 )

 

We feel very uneasy about the whole thing. We do not want to finance lease a van. if we are doing so now it is through being miss led.

 

I have spoken to my accountant who says as we set up the direct debit through vans direct we were bona fide in doing si. We have to simply change the direct debit into a personal account - Done.

 

This has left a bitter taste

We have heard we can hand the van back as we have paid 35 of the 25 payments - It is in good shape and up to date with services and full mot.

 

Is this the case?

 

I know with Hire purchase you can

Lease you cant

But a personal Hire agreement covered by cca 1974 i cant find a firm answer.

 

The agreement does not list APR or total amounts payable.

It is also the incorrect model although reg. is correct.

 

My question is can we volentary hand back the van?

 

many thanks for anyone who can shed some light!

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Thanks

 

No, I have sent a letter today asking if they can send me a copy of agreement 'with signature' under the civil procedure rules.

 

My hubby will have signed it. Weather they still have a copy is another matter.

 

We also have no problem with the van , we just feel conned. If we can chuck it all back at them and walk away it will balance things out.

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Yes definately send them a CCA request. If they don't have the contact it's game over, you keep the van and you owe them nothing!

Fingers crossed, just wait for the response.

Someone on here will be able to explain time restrictions for them to respond to the request etc.

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Please do not sign a new agreement untill you have a coy of the old

 

this smells that they know the agreement is dodgy and by signing a new agreement, will cancel out the first

 

if they cant produce the agreement within 14 days, the account goes into dispute

 

send the cca request by recorded delivery

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Thank you. I have put in my letter that I would ask for a response by 21st October. I got the letter template on this site ( great site by the way) .

 

I am more concerned if I can do a volentary hand back?

 

Don't think I have the guts to not to pay and keep the van!

 

We feel conned and need to walk away with a clear concience . Old fashioned I know!

 

Thank you for your help

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Many thanks

 

I do have a copy of the agreement ( but not the signed one)- There is no termination figure on it.

and also no total borrowed figure. or APR. Or date!

 

That is why i sent the request for a signed one.

 

It states

One advanced rental of £985.31 payable on or before the date of this agreement followed by 59 monthly rentals of £328 inc vat the first payable 1 month after the commencement date and the rest at consecutive monthly intervals after that followed by a final rental of £2687.23 inc vat payable on the date the minimum period of hire expires.

A documentation fee of £88.13 inc vat is payable with the advance rental.

 

a rental of £437.93 is payable annually in advance for each year or part year of the secondary term commencing when the minimum term expires.

 

We did question this with vans direct and they told us that the van we bought and the anticipated milage ( which is correct) would be worth much more that the final payment. So pay it off then sell the van for a £1.00 to avoid secondary term then resell it, Then use that amount for a deposit on a new one. They told us alot of the terms used were just lingo!! - Our fault, we know.

 

The 'new leasing company have told us we cant even sell the van and pay agreement off. We know this has to be rubbish so we have also asked for an early termination figure along with signed agreement.

 

There is a paragraph on additional amounts payable if we breach the agreement, we are not intending to breach, just bring to an early finish one way or another, so this does not apply.

 

many thanks again

Jayne

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