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    • Strange final response. They say that they are still investigating but they are giving you their final response anyway. Seems like a load of nonsense. Have you got a copy of what you then sent to the ombudsman? Anyway, for the moment although would like to know – it really is all for curiosity because as you have put it into the hands of the ombudsman it's probably not worth doing anything more until you have a reply. I would suggest that when you decide to spend this kind of money in future on a used car, that you understand exactly what your rights are before you make the purchase. When you buy anything – and maybe especially used car you should realise that you aren't only paying for the car, you are also paying for a bundle of consumer obligations which are intended to bind the dealer. You are paying for a vehicle which is of satisfactory quality and remains that way for a reasonable period of time and you are paying for any defects which emerge to be addressed and repaired at the expense of the dealer. We've already pointed out that by purchasing the warranty, they have effectively persuaded you to pay for something for which you have already paid. Very decent of you not to want to cause trouble in respect of defects which manifested themselves within the first few weeks. I have no idea why. For £78,000…. This you say that they were age-related problems – that is still no reason why those defects should have been there or why the dealer should not have been responsible for them. It seems to me that you have a clear case against the dealer/the finance company. We don't have many or any PCP purchases on this forum. However, it seems to me that the finance company is probably responsible for the condition of the vehicle because effectively you have bought it from them and to that extent it should be the same as HP. With a hire purchase agreement, it is as if you bought the vehicle directly from the finance company not from the dealer and it is the finance company which bears all the consumer obligations. I think the only thing you can do is to monitor the situation. Update us when you hear from the financial ombudsman and if you need to take the matter to court then we will help you. In principle it should be straightforward – but certainly there is a risk of a serious bill for costs if you lose. I don't see you losing. Did you say somewhere that the report suggested that the vehicle was unroadworthy? Have you got the advertisement for the vehicle? Does it make claims for the vehicle which are clearly untrue? And by the way, four hours away from you is what kind of distance? Have you read our used car guide? Have you looked at the video?
    • there's one in this thread.. i wonder if its the same, they seem to be identical regardless each time we have a thread with one Vehicle Control Services Privacy Notice, Brooke Retail Car Park, HA4 0LN - Private Land Parking Enforcement - Consumer Action Group  
    • It was really this daft Privacy Notice we were after, but no worries, I'm 99% sure it doesn't count as a NTD otherwise in his letter Simple Simon wouldn't have offered the discount of paying £60 instead of £100. Apologies for jumping the gun earlier. It's a pity your friend paid.  It's neither here nor there if Excel would back down or not.  They are not some statutory authority.  They're just a cowboy private company.  The only way she could have been forced to pay is if a judge had ruled against her in a court hearing, which is highly unlikely given she could have proved to have been elsewhere. I see her "offence" was in May 2023 so logically Excel and their signs were there by then.
    • Thanks for your reply. Their final response was just an email (seemed a bit unprofessional) but FOS seem to have accepted it as their final response. So the issues that I realised within the first few weeks to me at the time seemed like age related stuff and I didn't want to cause trouble and in hindsight I realise I should have pressed harder but I think my heart was being used more than my brain at this point. And yes I now believe extended warranties aren't worth the paper they're printed on, in all fairness to the dealer they did sort these initial issues out when warranty wise rejected them. To touch on your questions, the car was purchased using PCP so deposit with 4 years of monthly payment then a balloon payment at the end or return the vehicle. My pcp agreement was on the basis of 10k miles per year but I think I've currently done 12k miles since Sept 2022 lol. Elite Inspections suggested FOS as stage probably because they're free so I took their advice. When I got the car it had an MOT around 4 months beforehand I believe My MOTS after have been done by private MOT garages (I guess they tend not to comment on panel alignment etc) As for defects from day one - please note they gave 6 month warranty through warranty wise but everything was rejected through them: Passenger side ambient lighting wasn't working (whole trim panel needed to be replaced - dealer paid) Engine would randomly shut the down completely (instead of start stop function) at traffic lights and junctions (software updated in the end - dealer paid) Sat nav screen would freeze/ stay off for a whole journey (intermittent fault, still not sorted/diagnosed) Boot stopped working (new battery needed - dealer paid) The A-pillar trim between the passenger door and windscreen was coming away from the car making a very loud whistling noise as you drive on the motorway ( dealer paid to replace but has come off twice since this repair which shows me the car has potentially bent out of shape so that panel won't go back on) initially was reported within 3 months of ownership and due to part shortages I held out for the parts to come back into stock which ended up taking 6-7 months (TECHNICALLY they had their first chance to fix, and within 2 months it went wrong again but the first repair was massively delayed due to part shortages) Seat belt warning wasn't working (not beeping if you drive without belt on - software reset dealer paid but really put me off from this point as it suggested car had been electronically tampered with) Sun roof was stuck open on one side due to a bent rail around 1 year after purchase - warranty company rejected due to it being pre existing fault apparently. Bodyshop repaired and from this point he pointed out the damage on the car but Alphera just wanted me to deal with Clinkard Clinkard were offering solutions which ended up with me losing nearly £40,000 in a year and them being able to sell another car to me at full price. It was this point I regretted being too nice and trying to keep the peace as it had gotten me nowhere. Advised Clinkard of the cost and opportunity for them to speak to the customer they bought the car from but advised there weren't any issues and advised Alphera too and they suggested that I get the inspection done and here we are now lol Please let me know if I've missed anything out sorry about the essay 😅 email.pdf   Sorry forgot to mention the dealership is around 3-4 hours away from me and was a distance sale and I just went to collect it after transferring deposit/ Finance being accepted.
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Car reported stolen! Please help!?!?!


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Hi guys

hope all is well

and hope im posting in the right place,

 

i have a vehicles which have been reported as stolen, by the people who i leased from.

the lease was for 24 months, i made payments for 21months

the three outstanding payments i was unable to make due to money problems.

 

the people in question are a ltd company, not registered with FSA or anyone else like that.

i only found out it was stolen when i did a hpi check.

 

my question is can this company do this?

what can i do?

what should i tell the police?

i am willing to make the three outstanding payments once i am able to.

 

the v5 is currently under my name.

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I am thinking that the police would look at this as a civil matter. I'm assuming that you have copies of the finance/lease agreements so when the police come knocking, simply show them along with the V5 and explain that you are simply in arrears.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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the police have not come knocking yet.

do you think its a good idea to go to the police station and explain

rather than wait?

 

but can the lease company report the car stolen??

as ive paid 21 months, ive taxed, MOTd, and insured the car.

yes i have copies of agreement etc..

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the police have not come knocking yet.

do you think its a good idea to go to the police station and explain

rather than wait?

 

If the situation is as straight forward as you have put it, then yes but take all the docs with you

 

but can the lease company report the car stolen??

as ive paid 21 months, ive taxed, MOTd, and insured the car.

 

Under the circumstances you describe then I don't think the police will be impressed as I believe this is a civil matter. They have the option of taking you to court to re-possess through the civil court so they are using the police as bailiffs.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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how you guys are thinking is what i am thinking too,

"its a civil matter"

i am just worried that if i go to the police station

the police will tell me to hand the vehicles back, which i dont want to do

as i will lose my job, and lose all the money paid

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how you guys are thinking is what i am thinking too,

"its a civil matter"

i am just worried that if i go to the police station

the police will tell me to hand the vehicles back, which i dont want to do

as i will lose my job, and lose all the money paid

 

I doubt that the police will providing that you can show you have paid the amount that you have. As I say, make surer you have the lease agreement and proof of the amounts you have paid and I'm sure they will treat it as a civil matter. You see, they need a court order to re-possess as you have paid more than 30% of the agreement so from what you are saying, they are looking to the police to hopefully do the work of the civil court on their behalf. If the police act on their report, I would guess that they havn't been entirely truthful with the ;police. Could come back and bite them IMHO.

 

Another option for you to clarify my advice is to run it by CAB.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Sam i agree with everything you are saying and understand fully, yours and mine thinking is the same.

i am just a bit shaken up with the whole matter, i have all the docs from insurance to monthly payments.

 

Do as I advise and come back to tell us what happens. As far as I can see this is a simple case of a default on a finance agreement which is a civil matter. Theft of a motor vehicle is totally different.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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If you have the documents, the police can tell you whatever they like. It is the court that gets to decide the real outcome. As already said, it very much sounds like the company is trying to use the police as bailiffs.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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can the police make me hand the car back to the company?

that is my main worry

 

If you have given us the story as it is the no, they can't. You have paid over 30% of the agreement so a court order would be required to re-possess. Check with CAB in the morning.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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If you have given us the story as it is the no, they can't. You have paid over 30% of the agreement so a court order would be required to re-possess.

 

Can you provide a background of the 30% rule that is unequivocally recognised by the civil court ?

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Can you provide a background of the 30% rule that is unequivocally recognised by the civil court ?

 

Basically the finance co need a court order to re-possess if at least a third of the original financed amount has been paid. It will be stated in the agreement to what the exact figure is. The car is deemed to be their 'property' until that figure is reached. From then on and until the final payment has been made, then a court needs to decide who possesses the car until the end of the agreement. There is nothing 'unequivocally' about it.

 

Why, are you in a similar situation?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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Depends on the type of agreement, if it is a 24 mth lease/contract hire then it will be a business which wont be a regulated agreement, also when was the agreement due to finish and was the car meant to go back to the lease company.

If you are still holding on to the car after the agreement has finished and refusing to hand it back then I think they will have every right to report it stolen.

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If the agreement is a lease agreement as you say then I don't think the 30% rule is applicable as it would be on a Hire purchase or conditional sale agreement. The lessor will be the rightful owner until they sell the vehicle, in most cases this the end of term options are mentioned in the agreement. What title terms were agreed in terms of the lease if any in the contract, or were you due to hand the vehicle back at the end of the agreement?

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Depends on the type of agreement, if it is a 24 mth lease/contract hire then it will be a business which wont be a regulated agreement, also when was the agreement due to finish and was the car meant to go back to the lease company.

 

Agreed. A lot will depend on what is written into the agreement but it would be for a county court to decide on whether the agreement was breached by the OP or not. The court would certainly consider the amount that the OP has paid off the original agreement and if the OP has only missed 2 out of 24 payments, I think the court would expect some agreement to be reached before ordering re-possession.

 

If you are still holding on to the car after the agreement has finished and refusing to hand it back then I think they will have every right to report it stolen.

 

In those circumstances yes, but the agreement hasn't reached it's full term yet as understand it.

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

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