Jump to content
  • Tweets

  • Posts

  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

Private and Commercial re-possession (voluntary surrender)


Please note that this topic has not had any new posts for the last 3413 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

Hi, I have today received a Notice of default sums from my car finance company, namely Private & Commercial Finance Company. The letter states that "Pursuant to section 86E ot the Consumer Credit Act 1974, they are charging me £10.00 for a letter sent out to me!! I have checked the CCA 1974 only to to find that Section 86 deals with "The Death of Hirer or Debtor". As I am very much alive and kicking..So I have asked them to refund any charges applied under this act.

 

I would appreciate any help guidance in this manner.

 

keltyboy

Edited by keltyboy
wrong forum

Success with PPI from Welcome Finance

 

REgards... Remember to Support Our Troops :lol:

Link to post
Share on other sites

its a loan so you can reclaim any charges they have levied on you + int

just use the normal process

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites
  • 1 year later...

I have a car on finance with PCFCL Last year I got into arrears and when an agent of the company called at my house, I allowed him access, and under duress, before paying the arrears to him I was asked to sign a Voluntary Surrender form. I then paid the arrears to this agent. Since then I have due to loss/change of employment again fallen into arrears what with the high interest rate and charges levied against me. I know owe 1200 in arrears, I have made an offer to pay an extra 200 per month, but this has been declined out of hand. The person on the telephone, asked if I had any savings to settle the finance just now. They were looking for 4000.00 and the account would be closed. I have had a call from a car re-possession company who are coming to collect the car tomorrow. I don't wish to loose the car is there any advice that can be given to me before tomorrow.

Success with PPI from Welcome Finance

 

REgards... Remember to Support Our Troops :lol:

Link to post
Share on other sites

Hey, what a nightmare, I hope you don`t lose it... If you have a garage I would keep the car in there!!! Regardless of what they say, unless they have a court order they can not enter your property.... A drive is also considered your property, although I would feel more comfortabe with it in a garage.... I believe that when they apply for a court order, you will have a chance to make an offer to them via the courts... Hope that helps... Im in a similar boat just now tbh... Chin up.

 

Jamie

Link to post
Share on other sites

Unfortunately they have this voluntary surrender form/letter. so I don't know how it stands however I will give them the no callers letter and see where it goes from there. Thanks for the positive thinking.

Success with PPI from Welcome Finance

 

REgards... Remember to Support Our Troops :lol:

Link to post
Share on other sites

if you paid the arrears at the time then the voluntry surender is null and void

 

why would they ask you to sign it then take the arrears off you

 

dont allow them access to he propety without court order

Link to post
Share on other sites

if it is an HP contract and you paid half or more of the total, you can hand the car back and owe nothing more.

however if you want to keep the car you will have to come to some form of agreement with them to pay off the remainder, a court may decide what is reasonable.

Agree dont let them take the car until you decide what to do, and cant without a court order on private land, but from what ive read on here the police are not much help.

Link to post
Share on other sites

Hi, How did you get on?? Hopefully you got something sorted?? I would like to think that regardless to any other doccuments, to enter your private property a DCA/Repo would need some kind of warrent or court order. Anyway hope you got on ok, its no a great sittuation to be in. All the best

Link to post
Share on other sites
  • 1 month later...

Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

Success with PPI from Welcome Finance

 

REgards... Remember to Support Our Troops :lol:

Link to post
Share on other sites
Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

 

Im know professional here but if its taken off your private property and you refused them entry then they are trespassing and they have stolen the car report them to the police dont be put off by the this is a civil matter if they say that contact the ipcc

Link to post
Share on other sites
Sorry to have taken so long to get back to you all, thanks for the advice. I posted on here too late to get anything done, as the car was repossessed by two males (who even scared my dog.) the next day, I tried to use the refusal of entry to property letter but that was treated with derision by the "Licensed Debt Collector" , who looked like he eats steroids for meals 3 times a day. (he made me look small and I am 6ft 2ins). I am now waiting on being told the outstanding amount to pay then I will negotiate repayments to suit me.

 

i need you to be honest

 

confirm you refused entry and they ignored

 

did you sign any vehicle defect report etc at time of the repossession

 

they have committed an offense under s.92 of the cca 1974 and breach of statutory duty

 

start planning your hols in Barbados but please be honest

 

what details did the debt collectors/repo people leave as to there identity

Link to post
Share on other sites

Id say you had a good chance of going to court and winning there are experts on here that can help you but like i said im no expert but its looking like the finance company have broken every rule including crimimal in the book.

Link to post
Share on other sites

two threads on same debt merged

 

dx

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

Link to post
Share on other sites

You could have a good claim here. On the assumption that this is a regulated hire purchase/conditional sale agreement and you had paid more than one third of the total purchase price, they can only repossess the vehicle with either a court order or your consent. Of course, you initially gave consent by signing the VS form, but the key is that that consent is revocable. In other words, it still has to exist at the time of repossession. In the circumstances you describe, it is highly arguable that you had withdrawn your consent when they took the vehicle (otherwise why would you deny them access?). If they did repo without your consent, then the good news is that the CCA requires them to repay you everything you have paid under the agreement, including your deposit - so effectively you will have had a totally free car for the time you had it.

Link to post
Share on other sites

No I wouldn't go straight into an LBA. I'd just write to them advising that they have repossessed the vehicle without his consent, and therefore they are in breach of sections 90/91 of the CCA and invite their proposals.

Link to post
Share on other sites
No I wouldn't go straight into an LBA. I'd just write to them advising that they have repossessed the vehicle without his consent, and therefore they are in breach of sections 90/91 of the CCA and invite their proposals.

 

Im new to all this but i would imagine that if they know that you know they have breached a lot of rules including criminal they may well pay out to keep themselves out of court.

Link to post
Share on other sites
Don't think there's been any criminal activity - can't be a theft because there's no dishonest intention, just a couple of thick bailiffs who don't understand the Consumer Credit Act. I suspect this could well be a windfall for the OP.

 

they were debt collectors (which are civilians)

tresspassing is a criminal offence so is taking the vehicle without consent.

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...