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    • pers id send by royal mail our vt letter.   see what they do.   Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement,  simply by giving written notice of termination.  . The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated.  contrary to the line taken by many finance companies,  . the debtor need not have paid half the total amount payable,  and nor do they have to pay any arrears, [read below carefully regarding arrears ]. . before exercising the right to terminate.  . Sections 99 and 100 set out the debtor's liability on voluntary termination.  The sections are complex,  but their main effect can be summarised in brief as follows.  . If the sum of payments made and arrears before termination exceeds 50% of the total price,  than the debtor is only liable to pay the arrears.  . Otherwise, the debtor is liable to pay half the total price, less any payments already made.  .  so the debtor can terminate at any time if he has reached the 50 % mark but would be liable for any payments still to reach the 50 % mark,  .   it does not matter if the account is in arrears at the time or request to do a voluntary termination. . you need to specifically nail them down that this is a VT and NOT a VS Voluntary surrender]. dont get caught out!! . take extensive photos and video of the car inside and out  and underneath [use a selfie stick] and in the engine compartment  ALWAYS. . if they try and charge a repo fee or collection fee they cannot: . The only charges you must pay are the ones contained in the legislation and itemised in section 101,  the charge mentioned is levied after the agrement is terminated and is void in any case.  . All it means is that no one will collect the terminated car(their car), well that is ther problem it is no longer yours , your attachment to the car has been terminated.. . 173 Contracting-out forbidden. (1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act. . This term is covered by the above section of the CCA 1974 in that it breaches this: .  99 Right to terminate hire-purchase etc. agreements. .  (1)At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement .  In other words nothing can stop you voluntarily terminating. . although dependant on the way your agreement is written, they can charge excess mileage .  this has been accepted at county courticon level, but afaik has not been tested in a higher court .. . . ..............example letter..ADAPT TO SUIT............. . You must vt under s99/100 cca1974. do not sign any of their forms, or agree to pay anything.  . The car has just to be in reasonable condition for its age.  If you have paid in excess of 50%,  with no arrears there will be nothing to pay. . Send them the following letter,  they MUST action your request,  you should endeavour to be present at the vehicle inspection--- . VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974 .  Account No: (xxxxxxx) .  Dear Sir,  I am writing to notify you that I am exercising my right to terminate the above Agreement  under Section 99 of the consumer credit act1974.  . You will understand that the aforementioned section permits the debtor to terminate the agreement  at any time before the last payment is due.  . There is no restriction regarding the exercising this statutory right,  particularly none in respect of any perceived arrears or monies due on termination . I understand that I shall be liable to you for the amount calculated under the formula in Section 100  of the Consumer Credit Act 1974.  . **As I have/have not paid more than the amount calculated under the formula in Section 100 the amount due is £XXXX/zero. .  The above agreement will be terminated 14 days from the date of this notice. .  Please send me details of how the vehicle can be returned to you. .  You will be aware that statute prevents you from levying a charge for the recovery of this vehicle;  guidelines also state that if you require me to deliver this vehicle  it must be no more than a short (reasonable distance) from my registered address. .   Please confirm receipt of this request in writing within 7 days of receipt. . -Yours etc... ..  
    • Have contacted HSBC and they said the payment was not marked on their system as a recurring payment authority, so they believe insurance can't debit the card again without my approval. Let's hope they are right  
    • @dx100uk So they can't enforce it? That's so strange. Ok I will include it if I go for a DRO or IVA.   I am reading as much as possible on both DRO and IVA's and trying to make an informed decision as to whether or not this is the right thing for me. I am struggling so much financially but I hate the thought of not being able to pay back the creditors.   My next question is: Can I still send off the pro rata debt letter asking my creditors to freeze my interest whilst I look into the DRO and IVA's? Or do I need to just go straight into a DRO/IVA situation?   If they freeze my interest do I then continue to pay back the minimum payments? Or am I able to negotiate lower repayments? Also, do I contact them myself or is there an agency I can go through?   I feel like I am slowly understanding the options available to me, which has eased my mind a lot. I can't thank you all enough for taking the time to read my posts and help me out. I have no one to turn to and you all feel like my friends now x   I like the idea of this:    https://www.nationaldebtline.org/EW/information/10 ways to clear your debt/Pages/Options-for-dealing-with-your-debt-informal-arrangement.aspx   From what I can see this would not list me on any insolvency list and as such wouldn't affect my chances of getting a mortgage or credit in the future?   What are your views on the above? x
    • Ah thank you. But wouldnt the data have to be inputted in the first place by a human being, which suggests liaison between the services..ie the sexual health people and your own doctor...
    • So what would be the best way to word this ?
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seadog01

Money taken by PDL from partners A/C Natwest REFUSE to refund **REFUNDED**

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Can someone help with this

 

Today cash genie took out £170 from my partners bank account for an unpaid loan last year.

 

 

The money was actually mine and was two weeks benefit money that I had asked the dwp put into her account as I do not have one

and they will no longer pay by Giro Cheque.

 

Natwest bank won't act and the loan company will not reply to my E-mails.

 

Where legally do I stand ?.

 

Thank you

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They actually took over two hundred pounds without warning in 3 blocks.

 

 

and got her card details as she applied for a loan with another company last week.

 

 

can I see a solicitor and charge them for said solicitor plus apr etc?.

 

 

They used her Visa Debit card the loan was in her name.

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I sent C G this E-Mail today they will not answer nor will they answer the Complaints line

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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I have merged your three threads here. Please keep to this one thread for this issue.

 

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Tell your bank to do an immediate chargback for an unauthorised transaction. Ignore the front line phone reps. Speak to a senior manager.


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..

 

 

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renegadeimp

It was not my Bank and even the fraud Department at NatWest were unwilling to help sort it out.

 

 

I am not up to speed on these matters but I deem this transaction as unlawful

 

I did send CG this E-mail but never received a reply.

 

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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The transaction was unlawful and unauthorised. Thats why CG took the amount in multiple amounts.

 

You wont get a reply from CG as they took it unlawfully. As i said, your bank is wrong and you need to be firm with them. You wont get £100 per hour either from them as costs/compensation. The most you will get is the current LiP rate, and maybe a few admin costs.

 

Also, how did they get your partners account details for YOUR loan?


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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Hi

It was not my loan it was not in my name .

 

 

It was a loan my partner took out in 2012.

 

 

I was Unaware of Said loan...

 

 

. It also transpires they (C.G) have been trying to do just this for some time and prompted temporary freezes on my Partners account.

 

Nat West failed to contact my partner to let her know that this was going on ..

... Naughty or Complacent I don't care

 

 

I personally have called NatWest half an hour ago to get the transaction frozen until the morning but Khofi In India is unable to do that.

 

So how much can I charge them bearing in mind I am suffering sever Depression and under the GP for this...:sad:

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You can only charge them any loss you have incurred as a result of their actions.

 

 

You cannot make up any figure and then add interest to it.

 

I suspect that they took the money in 3 tranches because they wanted to make sure that the amount they claimed would be paid.

 

 

I note that GM have tried to take money before so I daresay that GM would have asked for a fourth time for their money

 

 

.If they didn't it would leave one to suspect that GM knew how much money was in the account................................

 

In addition, it might be difficult to arrange a cancellation of those transactions because the money was owed by your GF and it was in her account.

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I am phoning the DWP tomorrow UK Law states that's the minimum I can be paid to live off also I believe money within a Bank legally belongs to the Bank its in until withdrawn Is this correct?. C.G Have apparently been trying for many months to take money but my partner had stopped the card, She applied for another loan with her new details , Hence CG obtaining them leading to the events that I have outlined

I will update further after I make a few telephone calls tomorrow I am lets say a wee bit naffed off ATM....:-x

 

Thanks for all the advice given thus far I appreciate the help.

Edited by seadog01

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sorry that all wrong

 

 

you MUST phone the bank and get a chargeback done on the first transaction

 

 

then ask for the CPA to be cancelle on the others.

 

 

this is the LAW NatWest CANNOT refuse it.

 

 

it was NOT your loan matters not where the money went

they have NO RIGHT TO THIS + 12mts later.

 

 

get action fraud involved too.

 

 

PHONE NATWEST NOW AND DEMAND A CHARGEBACK AND CPA..


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Who was the company your partner applied to for a loan last week - I am interested to know how Cash Genie got the bank details from a different company??


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The other company are Bonga Loans.... but on investigation Cash Genie have 9 other companies . I may be able to get the monies back according to the FSA it will take 8 weeks or more. NatWest will not discuss it with me I told them I am logging complaints against both them and CG.

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Natwest are wrong. Time for a full complaint. Perhaps use bcobs


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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If Bonga Loans don't mention on their website that they are part of Cash Genie - report them to the OFT. You should easily be able to see that they are affiliated. These sub companies are usually set up by the main lender in order to trap people who owe them money into applying for a loan with the smaller company so they can then get new bank or card details to recoup the old loan. It's despicable, but then that's the filthy industry of payday loans :(


Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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you really need to nail NatWest on this issue.

 

 

ask them the direct question..

 

 

were these payments taken under a cpa?

 

 

if they were , THEY MUST refund you

 

 

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

 

 

see the new june 2013 instructions to banks

 

 

dx


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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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Thanks for all the information I will update on Monday with a progress report :|

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Thank You all for your advice

 

Today NatWest are refunding all monies to clear in the account by 18.00 and issuing a chargeback to recover the sums from Cash Genie.:whoo:

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That is good news. It is about time that the banks are at long last getting the message. Well done for your perseverance-I'm sure it wasn't easy to get them to change.

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Actually it was fairly easy apart from having to study their own T&C's and threaten to take it further. Once I found out the I had a case from you guys and elsewhere and what course of action to take. It took less than five minutes on the phone.Oh I got interest and expenses back too lol. :-D

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then it might be an idea to expand on how you did it for others?

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Ok

 

Firstly I researched NatWests T&C's that state A CPA can be stopped.

 

Which they failed to inform my partner.

 

I then told them to issue a chargeback as the transaction was unlawful for several reasons as outlined above.

 

I mentioned my displeasure that even though CG had attempted this many times activating Natwests own anti fraud software

nobody had the decency to inform my partner what was going on.

 

And I also let them know I would have gone to the ombudsman and beyond over the issue.

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good point, never used that , the anti fraud software

 

gonna include that in the advise.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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