Do I accept this offer from First Response Finance??

[Edinburgh7]

Morning all. Ive received an 'offer' from First Response Finance last week following a complaint I had made and Im unsure whether to take it and be done with the whole thing, or fight on!

 

The problem is this: I had a motorbike on finance a few years back and due to financial difficulties I fell behind with payments (default notice was received). I subsequently addressed my financial difficulties and thereafter offered to pay the full arrears and continue with my contractual monthly payments. This was refused by First Response and I was told it was too late and that I had to voluntary surrender the vehicle.

 

The collections agent called me on my mobile while at work and left a voicemail - basically (in a very threatening and aggressive Glaswegian accent) "Right Im getting sick of you - you get back to me today or Im coming to your work to get the Bike".

As I work for a Bank, that action would result in instant dismissal. I called him back and he told me I had to drive from Edinburgh to Glasgow, drop the bike off and then make my own way home (50 miles each way). The 'office' i delivered it to was a 2 storey portacabin in a run down backstreet of Glasgow and had a trademark vicious dog tied up outside!! Its worth noting that they even charged a few hundred pounds to my account for collecting the bike, which made me laugh!

 

Since then I have been in touch with Trading Standards who wrote to First Response Several times with no reply. Ive also written to them twice with no response. Trading Standards have now complained to the OFT and I called First Response to chase them up. Today I have received a letter from First Response claiming they have never received any documentation from either me or Trading Standards and apologised. They have said they do not use that collection agent anymore and therefore cant comment, however they have not received any other complaints of that nature.In regards to the collection of the vehicle, I quoted section 90 of CCA 1974 " REPOSSESSION – YOUR RIGHTS. If you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is £xxxxxx we may not take back the goods against your wishes unless we get a court order. (In Scotland we may need to get a court order at any time). If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement.In the letter they have sent me, they state "I note your comments regarding the re-possession of the vehicle without a court order.

The finance was granted under a Hire Purchase agreement drawn up in accordance with the requirements of the consumer credit act 1974 and as pointed out under the terms of agreement 13:3 English law applied".They then went on to state that they do not accept the complaint that they illegally took possession of the vehicle, but to bring the matter to a conclusion and as a gesture of good will, they will write off any remaining liability under the finance agreement and close the file (this is aprox £900).

 

So my question is this: Do I accept this offer and have them write off the £900 or do I fight under section 90 of the CCA which states "If we do take the goods without your consent or a court order, you have the right to get back any money you have paid under this agreement." The part that doesn’t sit well with me is that section 90 states in regards to repossession "In Scotland we may need to get a court order at any time" where the letter they have sent me states under this finance agreement "English Law applies".

 

I live in Edinburgh and signed the finance agreement in Glasgow, so don’t understand this.Any advice would be greatly appreciated.

Edited June 13, 2011 by Edinburgh7

[Edinburgh7]

apologies for the mass of text. For some reason it wont let me break it down into paragraphs!

[silverfox1961]

apologies for the mass of text. For some reason it wont let me break it down into paragraphs!

 

We have a glitch. I'll have a go

[silverfox1961]

Is that better?

[Edinburgh7]

Excellent, thanks mate. Much appreciated

[sequenci]

It's up to you but they are likely to state that you consented to giving the bike back by driving to their place to hand it back to them. Although this was clearly done under duress a court will have to look consider the balance of probabilities.

 

If it was me I would probably accept the settlement, but that's simply by own view of things.

[rebel11]

Thread moved.

[BRIGADIER2JCS]

I would suggest the decision depends somewhat on how much you have already paid.

[sequenci]

I would suggest the decision depends somewhat on how much you have already paid.

 

If the finance firm could argue that, on the balance of probabilities, the vehicle was returned with consent the amount paid is unlikely to matter in the slightests. It's a toughie.

[BRIGADIER2JCS]

I agree the amount though may be significant if the surrender was '' under duress'',

any thoughts?

[sequenci]

Would consider that the vehicle was handed back under duress if the debtor had travelled all that way to give it back?

 

That's my concern.

[BRIGADIER2JCS]

? is being btold he MUST do this duress.

[bubbsie1]

Hi E7

 

The real problem would be establishing the bike was returned under duress; if the threats had been made in writing it would be a different story; a call from a debt collector that you are unable to identify (don't use that collection agents anymore), or even if you could identify them, they would no doubt deny any threats were made.

 

I agree with Sequenci, you returned the bike yourself, so likely to suggeston on balance of possibilities surrendered voluntarily.

 

I believe you are telling the absolute truth however knowing something happened and proving it are two different things.

 

Good Luck

[sequenci]

 

I believe you are telling the absolute truth however knowing something happened and proving it are two different things.

 

Good Luck

 

Me too, by the way!

[Edinburgh7]

Me too, by the way!

 

Thanks for your input all. Yeah thats my biggest problem - what acually happened and what I can prove are 2 completely different things. The collection agents and First Response are not stupid and any threats, false/misleading information etc were all done over the phone and not in writing.I think I will take there offer and just put it down to bad experience. We live and learn eh.

[2Grumpy]

You could demand that your CRA file is cleared too