Jump to content


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

Worried I'm in serious trouble!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4227 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I took HP through BCT 4 years ago,

 

iv paid about half of the finance and £3700 remains.

 

I sold the car about a year ago because it was mechanically costing me a fortune to repair faults.

 

BCT aren't aware I have sold the car but I have fell seriously behind in my payment and they are threatening repossession or a voluntary surrendering the car!!!

 

I have offered them £50 above my normally monthly payments but they still want more to clear my missed payments!

 

What do I do now?

 

My main concern is can the car still be repossessed even though iv sold it?

 

The log book etc have been cleared by the dvla when I sold it etc.

 

Please help, thanks

Link to post
Share on other sites

They will find out pretty soon you have sold it, when they check with the DVLA who the keeper is. Whether they can repossess it now from the new keeper depends on the circumstances of the sale, i.e. was it bought in good faith by a private purchaser with no knowledge of the HP.

Link to post
Share on other sites

  • 1 month later...

really sorry but......

 

the bottom line is yes they can and will still repossess from the new keeper

 

the circumstances dont matter they will still take it

 

you can also be prosecuted by trading standards for selling the car knowing it has finance outstanding

 

legally it wasnt your car to sell even if a private sale this still counts

 

then you may find the new keepers asking for there money back

 

my advice

 

reach an agreement on the remaining credit (dont let them bully you)

 

get an early settlement figure and pay 1 lump sum

 

here's my tecnhical bit

 

car finance changed about 2 years ago and is now governed under EU law BUT you took out finance 4 years ago so someone else will have to let you know if this next bit counts

 

under EU law

if you make regular payments for the first quater of your agreement your car cannot be repossessed

 

half way through your term you can give your car back to the finance company and they will settle the finance but be carefull with this some will charge you a fee for this and may effect your credit score. You will lose all payments made so far but you will also get out of the agreement its like having a lease car

 

at any time you can ask for an early settlement figure this should be less than the full amount of credit agreed for example if you borrowed over a 5 year term and settle after 3 years your interest should only be for the 3 years not the full 5 years interest (plus fees)

 

but you need someone with more experience than me sorry

Link to post
Share on other sites

really sorry but......

 

the bottom line is yes they can and will still repossess from the new keeper

 

the circumstances dont matter they will still take it

 

As Gaston mentions it really does depend on how the sale took place, and whether or not it was purchased in good faith.

you can also be prosecuted by trading standards for selling the car knowing it has finance outstanding

 

Er? Not sure that's correct either, sorry.

 

 

car finance changed about 2 years ago and is now governed under EU law BUT you took out finance 4 years ago so someone else will have to let you know if this next bit counts

 

 

under EU law

if you make regular payments for the first quater of your agreement your car cannot be repossessed

 

That's incorrect. Once 1/3 of the finance has been paid (including any deposit) a court order [known as a return of goods order] would be needed for a repossession.

Link to post
Share on other sites

Sequenci is right in what he says except for the middle part. You can be prosecuted for the sale of a third party's asset. But as mentioned if the car was bough in good faith the new keeper shouldn't lose the vehicle and if the car is to be collected BCT would need to get a court order to do this unless it's voluntarily handed over.

Link to post
Share on other sites

As Gaston mentions it really does depend on how the sale took place, and whether or not it was purchased in good faith.

 

 

Er? Not sure that's correct either, sorry.

 

 

 

 

That's incorrect. Once 1/3 of the finance has been paid (including any deposit) a court order [known as a return of goods order] would be needed for a repossession.

 

yer the repossesion can still take place regardless of circumstances ive seen it happen a couple of times

 

if the buyer wanted to they can report it to trading standards who can prosocute the seller for false advertising also seen a case of this and they won car was not as described

 

as for the term before repossesion ill check in the morning but sure its a quarter but i might stand corrected on that fact (was the third on the old finance system ?)

Link to post
Share on other sites

no its 1/3rd

 

we dont know yet if this is HP

 

or a pers loan

 

if its a pers loan [or not HP]

 

they can do nowt about it.

even if the car is described on the paperwork

 

for the op;

 

have any penalty charges [fee late /over/etc]

 

what 'compulsory' insurance did they make you take out.

 

you can reclaim them as well as the charges.

 

 

 

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 can be prosecuted for the sale of a third party's asset.

 

Not by Trading Standards. In addition I have NEVER come across a HP firm actually trying this against ANYONE. And I've been dealing with HP agreements for many, many years. Most lenders are more than likely going to sue for the total balance of the outstanding debt.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...