Advice on a Hire Purchase agreement

[garage flower]

They may not have replied as you are not their customer. Get your friend who fronted the deal for you to write in and they should answer your queries

[Xavier12]

Ok so finally a response.

 

They said they acknowledge my oroginal letter and the letter asking why they have ignored me.

 

They say in line with the ombudsman service they have 8 weeks to fully respond and investigate and they will send a response by then with a FOS letter..

 

.. i havent ssid anything about the ombufsman i asked for a refund before court action...

[dx100uk]

could be interesting then.

 

if they were so sure of their position, they would have already responded.

 

dx

[Xavier12]

Ok so finally a response. They said they acknowledge my oroginal letter and the letter asking why they have ignored me. They say in line with the ombudsman service they have 8 weeks to fully respond and investigate and they will send a response by then with a FOS letter.... i haventssid anything about the ombufsman i asked for a refund before court action...

Still no response from Honda.

 

They sent me a letter promosing that they would reply fully within X amount of days which is overlaped by weeks.

I have just contacted them by phone and he says he will call back!

 

Should I just go ahead and make a claim? Also what do you think my exact claim should be based arround a breach of the consumer credit act? They didnt serve any DN and even admit that they didn't before recovery!

 

Also should I even make a claim, or go through the Obmudsman Service?

Thanks!

 

 

UPDATE: He didnt call back, but another lady who said shed call me back again in an hour. It sounds to be like they don't know what to do...

Edited January 7, 2013 by Xavier12

[Xavier12]

Ok, so she called back and she said that this is very complicated and they have got their solicitors to write back a response which was sent out Friday... Looking forward to seeing what this one says!

[Xavier12]

Hi, I have attached my letters and their reply.

IF you note they don't address anything i've actually written.

 

* The default notice in their system notes states it was "Returned Addressee not at address" and yet they still recovered it after they had received the DN back.

 

*The dealershp signed the car straight to my partner when I paid for it and they are saying now that the account holder breached the terms. He never owned kept or paid anything including the deposit towards to vehicle.

 

*He has not moved address and never told them that he has.

 

*They didn't address the fact it was recovered from private property.

 

*A bluff about a counterclaim?

 

Hope someone knows what to do! And thanks in advance I know its a lot to read!

[dx100uk]

what a load of twaddle.,

 

you didn't front the finance did you?

 

upto you readlly

 

but they unlawfully repro'd

they did not have a court order

 

call their bluff

 

or suggest they call it quits

 

dx

[Xavier12]

Theyve had two years to make a claim cir the outstanding. In a recent letter they stated "we havent started legal proceedings or taken the matter further", so why am I writing to them basically.

 

It does seem fishy im not worried about a counterclaim i think its to try and deter me!

 

What do you mean by front the finance?

[dx100uk]

they are claiming you took out the finace but were not the driver/owner /keeper

 

 

 

dx

[Xavier12]

My reply to the letter from their solicitor firm... Wish id proof read it before I sent it lol!

[Xavier12]

There reply: Very confused now. They are suggesting that I can only claim for losses and not for the amount ive paid. Also they dont mention anything about their counterclaim.

 

Also they say that the keys were handed over, yes this is true after the car was clamped on private property and the letter posted through the door saying they have contacted the police. They also parked over the private car park and stopped anyone from being able to get in or out!

 

They try to make up an excuse for the fact the default notice was served incorrectly. However again they knew it had been returned many weeks before collection of the vehicle so still there is no excuse.

 

If someone can help me with who needs to make the claim because this is very confusing. As it was all my money I should make the claim? But then I was under no contract with them...

 

Hope someone can shed some light.

Thanks!

[dx100uk]

you were conned into believing the repro guy was a bailliff

 

the car was illegally repro'd from a private drive

this is confirmed by the fact that the repro guy parked across the entry/exit.

 

stick to hard facts

 

dont enter into any speculation.

 

dx

[Xavier12]

just to be clear here

 

hewas NOT a BAILIFF!!

 

if he claimed to be

 

then put that in your letter too!

 

the only time a BAILIFF would be involved is if it had been to court already

and you had failed to pay the CCJ.

 

no CCJ or it's not been to court.

 

the repro guy unlawfully clamped the vehicle on private property

 

the repro guy unlawfully blocked access to a private property

 

the repro guy unlawfully intimated the police would come and help him in his tasks.

the truth is they wouldn't, referring it to be a civil matter.

 

the repro man unlawfully demanded the keys for the car intimating the police would force her to do so.

 

the repro man unlawfully repro'd the car from private property without a court order

and even if there WERE a court order, it would not be HIM that came to take the car.

 

dx

 

I dont know if I should write that again. or just go straight to court, it looks like they wont budge! Were just going round in circles!

[dx100uk]

why not send the sol a google earth pic or photo of the private drive way

and suggest he is being led astray by limited info he had from honda

 

he knows full well the laws and will not keep up te pretense else you can complaint to the SRA

 

dx

[Xavier12]

why not send the sol a google earth pic or photo of the private drive way

and suggest he is being led astray by limited info he had from honda

 

he knows full well the laws and will not keep up te pretense else you can complaint to the SRA

 

dx

 

good idea. I will do this and make it my final letter. Funny though because they keep saying they wont speak to me and just to the account holder... But they do still reply!

[Gaston Grimsdyke]

There reply: Very confused now. They are suggesting that I can only claim for losses and not for the amount ive paid. Also they dont mention anything about their counterclaim.

 

Also they say that the keys were handed over, yes this is true after the car was clamped on private property and the letter posted through the door saying they have contacted the police. They also parked over the private car park and stopped anyone from being able to get in or out!

 

They try to make up an excuse for the fact the default notice was served incorrectly. However again they knew it had been returned many weeks before collection of the vehicle so still there is no excuse.

 

If someone can help me with who needs to make the claim because this is very confusing. As it was all my money I should make the claim? But then I was under no contract with them...

 

Hope someone can shed some light.

Thanks!

 

They've pretty much nailed it. Exactly what are your losses, given that you have no contract with them? Zero. The repossession from private property gives you no cause of action, you suffered no loss by them doing that. The default notice point is also irrelevant. All they have to do is post it to the address they hold on record, whether it is actually received or not does not matter. You could be leaving yourself open to a costs liability if you start proceedings.