Jump to content
  • Tweets

  • Posts

    • So I ONLY contact X4L and not Harlands, right?   Just checking is this their correct address? XERCISE4LESS Head Office 1 Kirkstall Industrial Estate Kirkstall Road Burley Leeds LS4 2AZ   Here's the letter I intend to send, should I pull the trigger or change anything? (I'll obviously add customer reference numbers and such too so they know who I am)   Dear sir or madam,   I refer to my Xercise4Less membership in Hull which I chose to cancel.   I now realise I should have paid 1 final month's gym fee after giving notice to cancel and offer to pay this gym fee now. I will not pay the unlawful admin fee which you say is also due.   Please confirm in writing that you will accept the £14.99 gym fee to settle this matter and supply your payment details and a payments reference number.   If you demand any higher amount, or fail to accept my offer within 14 days, the offer will be withdrawn and all further communication from yourself or Harlands will be ignored.   Yours faithfully,
    • no ofcourse not it's all hot air hoping to mug you.
    • Bang as in error popped up.   The gearbox service ...nope , so service advisor things its done but not noted on the invoice they have. It is on a job card that's locked in another advisors draw thats locked and he is away for a week.     more bad news. They have checked the unit and its £3500 to replace. Sales will not authorised it and servicing/ aftersales will not on the basis sales knew about it before selling it.  
    • didn't remember what wasn't done correctly until i had read BA's earlier notes i found but i knew it couldn't have been correct.   well done
  • 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.
       
        • Thanks
      • 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

I think my CarLoan4U car HP agreement is void


Please note that this topic has not had any new posts for the last 2959 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'm in dispute with my car finance company at present over the amount stated on the agreement.

 

However, in the process of going over the paperwork, I've noticed that the original agreement is missing 3 pages of terms. I am able to prove that I have never been provided with these missing sections as everything was done electronically.

 

On that basis, is it possible that the HP agreement is void?

 

Thanks,

 

1970

Link to post
Share on other sites

Was the agreement in your personal name or a business name? If it was in your personal name, it would be regulated, in which case it should have been signed on trade premises (ie. the dealer or brokers trade premises, where a valid CCL is held). Where you provided with pre-contract information?

 

Why did you not go through the paperwork for the agreement BEFORE you signed it?

Link to post
Share on other sites

Hi SeanG79,

 

The agreement was in my personal name and the broker was CarLoan4U.

 

It was emailed to me by CarLoan4U to my hotmail account while I was at work. I printed it off, signed it at work in my lunch break and posted it recorded delivery.

 

As it was sent by email, this is how I am able to prove that pages were missing as the broker created a single PDF containing a cover letter, a key facts document, the terms (2 pages of 5) the gap insurance terms and the PPI terms - 17 pages in all.

 

I could make excuses but I simply did not notice the incorrect loan figure until about a week after signing (after taking delivery of the car and then deciding to file the paperwork away) and it has only just come to my attention (4 years later) that a substantial part of the terms is missing. So, yes a mistake on my part!

 

In regard to pre-contract information, all I have is the 17 page PDF and I'm not sure if any of it acts as pre contract info.

 

1970.

Link to post
Share on other sites

If the agreement was signed off trade premises you would have been a afforded a "cooling off" period of 14 days because the agreement was signed via a broker.

 

you would need some one to take a look at the full contract for you, but you state that you realised a week after signing and taking delivery that the loan amount was incorrect. Why did you not address this with the finance company back? With 4 years passing and I'm assuming you have been making your payments over that time, I am not sure how the courts would view this.

Link to post
Share on other sites

First point, the paperwork is erroneous then as it says:

 

"You do not have the right to cancel this agreement either under the consumer credit act 1974 or the timeshare act 1992.

 

The whole thing is a shambles and I've been lied to constantly.

 

Second point, I have been dealing with this now for 4 years and have certainly addressed it. In total there are around 30 emails that have gone to the broker and I have escalated it through their complaints procedure and had one of the directors dealing with it. Every time they have communicated with me they have lied (changing their story as to why they consider the figures to be correct) and I have proved them wrong each time by catching them out and showing them emails from other members of staff that contradicts their attempts to cover this over. The have constantly thrown the complaint back to me unless I provide proof. Which I have including emails, a print screen of the garage website showing the price of the vehicle as being available to purchase for £4200 cash and I also managed to obtain an invoice from the garage showing that it was indeed sold for £4200. (none of this has anything to do with deposits or trade ins by the way).

 

In regard to making payments - of course I have as they have the upper hand at all times even to the point now that they have hit my credit file with a default because I am now playing hard ball with them. I've stopped paying now as I consider the agreement to be void and I've asked them to collect the car.

 

1970.

Link to post
Share on other sites

What has the actual lenders position been in all of this?

 

It is difficult to comment on the documentation without seeing the actual documents. You could approach the OFT (Office of Fair Trading) or FOS (Financial Ombudsman Service) who may be in a better position to assist you as to your rights and recourse.

Link to post
Share on other sites

Well, I contacted the lender in the first instance (during the initial 14 days) and they said it was a problem I had to resolve with the broker. I also wrote to them in 2010 with a long winded update on where I had got so far with the broker (ie nowhere) but they never replied.

 

You're right though, I've just received a paperwork pack from FOS with a case reference so that I can file this with them. In the meantime, I written another letter to the finance company asking for their final response.

 

So at present, the car is sat on my drive - not being used but I have to maintain the tax, insurance and MOT as it's registered in my name.

 

I guess I came here to get views on where I actually stand or will I end up paying another £4000 despite all of the errors and mistakes.

 

1970

Link to post
Share on other sites
  • dx100uk changed the title to I think my CarLoan4U car HP agreement is void
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...