Arnold Clark - Banque PSA Finance Uk / Peugeot Financial Services Conditional Sale- utter nightmare!!

[JamieNeedsHelp]

this is the agreement we recieved when collecting the car, well I recieved, was inside the book with manual etc, so never even read it... wish I had however!!

[JamieNeedsHelp]

http://s1129.photobucket.com/albums/m520/FreestyleMMA/CCA%20agreements/

[JamieNeedsHelp]

this was sent to us 3 weeks ago, when we requested it by phone..( we didnt know better at the time Im affraid)

 

http://s1129.photobucket.com/albums/m520/FreestyleMMA/CCArequestTheySentUs/

[JamieNeedsHelp]

this is the V5 we recieved, which is dated 20/05/10

 

http://s1129.photobucket.com/albums/m520/FreestyleMMA/V5/

[JamieNeedsHelp]

1 of 2 defaults, this one says 29/3/11 and the other says 23/03/11 as expirey dates.

 

http://s1129.photobucket.com/albums/m520/FreestyleMMA/DefaultNotice/?action=view&current=DefaultNotice.jpg

Edited April 19, 2011 by JamieNeedsHelp
missed out a few words

[JamieNeedsHelp]

This is the sheet given to us by the dealer at the time, which is dated 15/05/10... it says it was printed on the 17th, Im not sure how, unless I collected this also when I got the car on the 20th of may 2010..

 

http://s1129.photobucket.com/albums/m520/FreestyleMMA/DealersForm/

[JamieNeedsHelp]

and here is the bank statement, which shows the first and initial installment being removed from account...

 

http://s1129.photobucket.com/albums/m520/FreestyleMMA/BankStatement/

[JamieNeedsHelp]

Im sure if I get some help with a few questions, I should be able to put in the hours to get this resolved... I initiallty planned to send a CCA request??( and not mention dates etc, just ask for the agreement number) or should I ask for the copy of credit agreement dated 15/05/10 which they obviously dont have??

 

Are dealers allowed to search and accept a finance deal on your behalf while you are not there... We agreed to one deal... but yet he had tried and tried and started another?? We didnt agree to this...

 

Is it legal to have a contract which is dated 18/06/10 and be dated 09/06/10 in the signature, this date has also been written over another which I cant tell what it is, bt is xx/08/10.. dont know whch day..?? And further if we had the vehicle in our possession since 20/05/10, is this not clearly a sign of fraud?? We have the original copy, which is unsigned and has no date... Now these are discrepencies withing the conditional sale agreement.... But really it goes deeper than that, as we agreed to a personal loan and we didnt go back into the dealer... we faxed our doccuments,(which the Finance company said was impossible, as we had to be there!!! Yeah right!! I have the Fax transmission sheet and what we sent!!) .......

[JamieNeedsHelp]

So does anyone have any ideas? Do I just keep waiting till they apply for a court order, then put my case to the courts then.. ie not bother sending them any letters?? I was going to CCA them?? Can some1 please give me some advice please?? Thanks Jamie

[JamieNeedsHelp]

Ok well, Im going to CCA them, and I`ll put up what Im sending, just for refference, hopefully no one else finds themself in this position, but if they do, I hope it helps... My initial letter will be....roughly outlining these points.....

 

Formaly Requesting the CCA from the Finance company( I will mention the Agreement number, but not the date as theres seems to be so many... They think it started on 18/06/10... So I`ll just let them send this one..... It actually should have begun on the 15/05/10... as this was when we were in the dealers, and applied... Anyhoo..

 

I think I will leave it at that for the first letter....

 

Then the 2nd.....

 

I am contacting you regarding the account, which I believe does not comply with the CCA, as it is not signed and doccumented correctly

 

.. The alledged contract should have begun in May, and not June....

I will further to say that, under Sec 56, I believe that we were sold the incorrect Finance from the Dealer and the dealer has put our details forward for a deal we did not want... At the time of collecting the car 20/05/10, there was no contract signed, our original is blank... I can not see how we have entered into a legally binding contract, as the right to cancel etc was not present... The contract was filled out as an after thought, but not by myself(my Partner).... As we singned a contract on the 15/ resolve this matter is for us05.10... The contract that is dated 09/06/10 we believe to be false, as we had already purchased the vehicle and collected it on the 20/05/10. I believe the only way to resolve this ammicably is to to return the vehicle and for you to return any money we have given you, as It was gifted, due to there being NO CONTRACT... or something like that...

 

Any pointers guys???

Jamie

[raydetinu]

in answer to one of your points; the dealer, if a licenesd broker, can search for different finance deals to put to you, but only you can sign up to them.

Only valid if signed on premises if they have a licence ( most main dealers do, but can check with council ).

[dx100uk]

pers i'd ping or await postggj to comment first before doing anything though a cca or sar would be a good idea

 

dx

[JamieNeedsHelp]

Hi all....well I did send a letter yesterday, recorded delivery.

I have put it underneath.

 

Please note that I am a complete beginer in regards to this, so maybe the letter is not the greatest letter, but you gotta try

 

Now hopefully I have made it known that I dispute this account, and without giving too mamny details, have pointed out a few areas of concern.

 

I hope that now I can do more research and come together with a good letter of how certain areas have been breached, and how I would like to resolve them.

 

I believe at worst, we should be entitled to hand he car back to them and also reclaim any costs we have spent towards it..

 

Any opinions would be much appreciated.

 

I notice also that there is no HP or Finance showing on our vehicle, and think this can only be because,

we were given the car and recieved the v5 direct from DVLA, before the finance company has been contacted and an agreement aranged.

 

I believe the usual course for this kind of sale, would be that the car is sold to the finance company first, and then we are sent the v5 with our name on.

 

As we bought the car early May, and the finance company shows a contract has begun in middle of june, that maybe thats caused some kind of mix up.

 

Thinking back when we had the car in early may, had we decided to sell it,

it would have been ours to sell, as there would have been no contract,

hence no money coming from our bank...

 

heres the letter guys.......

 

Dear Sir/Madam

21/04/11

Agreement/Ref No: XXXXXX

 

With reference to the above agreement and following our recent telephone conversations ,

I would be grateful if you would send me a full and complete copy of the original credit agreement

and a full breakdown of the account including any interest or charges applied.

Although I have expressed concerns over the telephone,

I would like to note that I formally hold this account in dispute

and at this time have instructed my solicitor to look into areas I am concerned with.

As you will be aware that Under the Consumer Credit Act 1974, while an account is in dispute and awaiting a complete copy of the original CCA from the creditor,

that no further action can be taken at this time.

This includes but is not limited to, passing the account to a DCA or applying further charges.

 

I believe that The Dealer has breached Sec 56 among others of the Consumer Credit Act of 1974, and as such consider this account in serious dispute.

At this time I am unable to explain the particular areas which I consider to be incorrect,

but I have instructed my solicitor to deal with this on my behalf,

I have also lodged a complaint with the Office Of Fair Trading. You will receive further correspondence on this matter within 7 working days of this letter

 

One of the many reason for my concern is due to discrepancies in the contract we hold with yourself.

I would like to draw your attention to the date of the contract, which you hold as 18/06/10, and further the signature box, which has a date of 09/06/10.

This date has also been written over, and has not been counter signed by both parties.

As we purchased the vehicle at an earlier date than this, and have the original contract, which has not been signed,

we believe the signature on this contract to be very dubious, and question its accuracy.

As we purchased the vehicle some time before both of these dates, and on completely different terms and conditions( A Personal Loan), I find this very concerning.

I also note that while looking back on my credit file, that the dealer have searched my credit file 4 times in one day,

and all but the first of these was done while we were not on trade premises and gave no consent to this.

 

I understand that under the Consumer Credit Act 1974 [sections 77-79],

I am entitled to receive a copy of any credit agreement and a statement of account on request.

 

I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

 

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

 

I look forward to hearing from you

 

Regards

 

 

XXXXXXXX

[postggj]

james

 

may i ask why you are sending lettes to welcome without getting them checked over

 

i have spent a bit of time drafting a response and i now have to rethink a reply

 

why are you going on about section 56

 

its irelevant

 

a signature is irerelevant if all the perscribed terms are there

 

a cca rquest has be done in a certain way via a s.77 to s.79 of the cca 1974

 

damage limitation now but welcome will ignore your comments so its not all bad but please

 

DONT TRY TO RUN BEFORE YOU CAN WALK

 

THINGS HAVE TO BE DONE IN A CERTAIN WAY IN A SET TIME

 

wrist slapping over so

 

lets get at them:-)

[JamieNeedsHelp]

Doh. DOh.Doh...silly me!!, yes wrist is red raw.hehe Sorry,

I wasnt sure if you had been snowed under with other tasks and dint have time( I am so so sorry if youve wasted any time),

and I was affraid unless I sent something theyd come and repossess the car!

 

I was told on the phone by the OFT, that they thought the dealer were in breach of Sec56, and something about "law of Contract" ...

I hope I have not done too much damage then...

not what I need to hear just now...

 

I though at least that I could put o hold on it by asking for CCA etc..

. you live and learn! or I would hope anyway.

Cheers post

 

Jamie

[JamieNeedsHelp]

And to add, you my friend are a LEGEND... I will await your guidence, and shall keep my typing fingers away from letter to PSA finance for the time being!! Its such a relief to know that I can get some advice of someone, its been a difficult time for us, as we just dont know where we stand.

 

Jamie

[postggj]

Patience my friend

 

slowly slowly catchy monkey

[dx100uk]

thanks post...........

 

sit on your hands

 

you are thinking this lot have legal powers...THEY DO NOT.

no repro man can take your car!

 

and you wont get bailiffs doing it either, they have to go to court first.

 

please have patience

 

dx

[JamieNeedsHelp]

I was wondering if you want me to pop the 2 defaults on also?

 

I have one expires the 23rd March and another for the 29th March, then a good few charge letters...

 

Is this normal practice, more than one default expiration date per account?

 

DX - I wish I had now, and will do from now on... I just got scared and frustrated, we are innocent in this,

and really just should have got what we asked for from the car dealer...

 

It just bemuses me where they got this signature from, and a few people have now looked at it,

and it just looks odd, the box around it seems to be thicker, and look like its been pasted in.. and the date...

dont know whats with that, we were in Inverness on the 09th of June anyway haha,

and looking back we were at a weddin on the 18th June, so cant work it out at all....

 

.But yes, I will start crawling from now on...

Ignorance is not bliss, its really a nightmare,

and also dangerous!

[dx100uk]

yres to the dn's

 

dx

[JamieNeedsHelp]

I`ll get scanning them in and pop them on. So is it normal practice to issue more than one default for the same ammount, that expire at different times. One on the 23rd and one on the 30th..

 

Im under the impression that when the default notice time is up, then a default is placed on your credit file?

 

I will also scan in the latest letter, recieved on the 19th of this month.

 

It states our account has been passed over to a collection company, and that we have to phone them before the 21st to tell them where the car is, or they will just call at our home address.

 

I have the car in the garage and will tell them, Court order first if they do turn up.

 

It seems that in this letter they were not interested in taking payment, just getting the car...

 

I suppose with monday being a bank holiday, that they might turn up on tuesday onwards..

 

Hopefully they dont work weekends or bank holidays.

 

I hate the thought of a scene in our street.

 

Many thanks

 

Jamie

[dx100uk]

no dont tell them,no need

they cannot repro off your private property

if its on the road then thats diff

but i feel that they have no hope of these agreements being legal anyhow.

 

i think you'll keep the car and you might get all you payments back too

 

just let post do his work.

 

as for the DN's, i bet they are on Diff a'/c numbers......

 

just remember.......

 

they have NO LEGAL POWERS

 

they CANNOT take your car no matter what they say.

 

something here is very very wrong you've been fleeced blind

 

dx

[JamieNeedsHelp]

Well guys, Il get those Default Notices loaded up tommorow,

Ive got an early start tommorow...7am... ,

my better half is dancing around the livingroom and singing along to Greece, and I cant handle it!!haha.

 

First time Ive ever seen any of it apart from the odd clip here and there,

and can advise any man who has not already seen it, NOT TOO:|...

just my opinion anyway haha..

 

. Jamie

[mcjohnson]

I don't think it's likely that OP would be able to keep the car AND get back all their payments.

 

If there is recission of the contract then the vehicle would be returned to the creditor and the payments returned to the OP; less an amount for the use they've had of the vehicle.

 

If the OP wishes to keep the car then clearly the OP and the creditor have to determine terms by which the OP can keep the vehicle,

and any payments made to date would invariably considered within those terms.

[JamieNeedsHelp]

Hi guys... I have had a reply to my letter to PSA finance. The letter is written by hand on a compliments slip, and reads

 

"Please see copy of contract as requested. The statement of account has also been sent to you. This has been sent seperately as it is produced in a different office, Regards xxxx"

 

And then this is stapled to the same 3 page doccument they sent when I asked for it over the phone before.

 

I would add it on, but it is exactly identical to the one posted already, same signature problems etc..

There is only pages 5/12 , 6/12 and 7/12.... There is no terms and conditions pages for example.

 

will be back on in a couple of hours, I still need to load the defaults on here too....

. and to DX, they are for the same account/agreement number, but expire on different days, ie first one is 23rd and the 2nd is the 30th( both in March)....

 

Hope everyone is enjoying the sun..8-)

Jamie