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    • I'm trying to think in terms of tactics here.   Because the vehicle purchase has been made on hire purchase, that means that the finance company is the owner of the vehicle and strictly speaking your direct action is against them in breach of contract because they have all the obligations to you under the consumer rights act that they would have if they had been the dealer. On the other hand I still like the idea of going against the dealer – which you could do on the basis that you enjoy third party rights of direct action under the Contracts (Rights of Third Parties) Act 1999. Of course you could sue the finance company and you could win – in fact you probably will win: there is clearly been some kind of misrepresentation at the very least – and maybe a deception. It's rather a coincidence isn't it that certain important information has been omitted from the documents supplied to you. However, if you sue the finance company then I don't think it will provide a quick solution. From what you have told us so far it seems to me that there is a certain urgency. I think that the finance company will simply get into obstructive mode and simply try to cause you trouble – because they will instruct their usual solicitors – and I'm afraid to say that solicitors are incapable of taking a pragmatic view. The longer it goes on then the more they can charge the client. The more obstructive they can be then the more there client naïvely is impressed – and at the end of the day the more obstructive they become, the more likely they are to wear you down and to achieve some kind of negotiated settlement where you agree to sacrifice some of what you are entitled to – and the client – the finance company then sees that as some kind of – Win. I think a quicker route to success is to sue the dealer – and at the same time you could bring an FOS complaint against the finance company. Of course if you sue the dealer, they will start off by pleading that you don't have a contract with them. That's true – but you would be relying on the provisions of the 1999 act – and it is clear that you are an intended beneficiary of the contract and I scarcely imagine that they have expressly excluded your rights to bring an action against the dealer. I would expect they hadn't even thought about it. One of the rules about bringing a complaint to the financial ombudsman service is that you are not allowed to do that if there is a legal action underway at the same time. I can imagine that if you brought a complaint against them to the FOS, that the finance company will plead that there is a legal action – but I think that you would have a good argument to say that the legal action is against the dealer and that the complaint to the FOS is clearly independent of that legal action. The FOS is very cosy with finance companies – and they may accept the position of the finance company and refuse to be involved – but on the other hand they may side with you and continue with their investigation against the finance company. This would mean that you would have two irons in the fire at the same time. You could simply bring a complaint against the finance company to the FOS – but as I've already suggested, this will take an awful long time and it may not be resolved before 12 months is up – meanwhile you have the problem of not having the vehicle. So my favourite course of action at the moment is to threaten the dealer with a legal action on the basis of your third party rights – and separately to begin a complaint to the FOS about the finance company. I think the dealer would be extremely surprised to find that they were subject to the legal action when they had thought that they are being protected by the hire purchase rules. However, I think that they would eventually be obliged to confront the reality that they were going to be a defendant in the court case. I think they are the weakest link and they are the route to getting the fastest result. I see that the dealers describe themselves as some kind of finance company themselves. But I don't notice any FCA registration or any other signs that they are a finance company or that they have the kind of expertise behind them which you would expect the finance company. Have you any further ideas on that point?  
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Want to reclaim Barclays Business a/c charges


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Hi Begarion,

 

If there is a bank loan or overdraft involved, The Lending Code may offer you some hope -

Otherwise have you looked at the possibility of help from the BCOB Regulations. Click on the link for more info.

 

 

:-)

 

Hello,

 

My first post on here so just finding my way round. I have tried to click the link above but I am being blocked from doing so. The message is saying that I do not have permission to access this page. Hopefully the access issue will be sorted soon. That being the case, are there template letters available for the various stages that may be required to negotiate, or is the link to the letter above the only letter required?

 

I am actually looking into the possibility of reclaiming some Barclays business account charges for a colleague of mine who does not have internet access. He has had charges on charges for several years and has had a Business Loan and an overdraft facility over the years (although no overdraft facility in place now). The charges have caused hardship.

 

Other than the link to the letter above (and/or any other available letter templates), is there a link to an interest calculator by any chance?

 

Hope this post makes sense.

 

Regards

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Hi Frank and welcome to CAG

 

I'll move you post into your own new thread.

 

Try these links about The Lending Code, and BCOBs respectively :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387431-Letter-before-Action-Removal-of-Charges-under-Hardship-criteria-BCOBs

 

I'll come back with a spreadsheet that calcs 8% interest.

 

:-)

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We could do with some help from you

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Hello,

 

A few questions regarding the hardship "Letter For Consideration" if I may. Firstly, is it best to preclude this edited letter template with a Subject Access Request (ie, request all transaction data under the Data Protection Act?). The reason being, as far as I am aware, not all hard copy bank statements are available and as the account is still active, how far back can the claim go?

 

Also, in the "Letter For Consideration," reference is made to providing an income and expenditure statement. I take it this refers to the business I&E. Is it also worth providing a schedule of private expenditure to support this letter? My colleague only has a Barclays business account, he has no private account.

 

Thanks in advance for any feedback.

 

Regards

 

Frank

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Hi Frank,

 

A claim for hardship (Financial Difficulty) will normally refer to the current Lending Code that came into force in March 2011. I assume you have bank statements going back at least 6 years as you need these for (business) income tax purposes. So I doubt you need to precede a reclaim letter with a SAR.

 

As YF has only one bank a/c (the business a/c), the I&E summary should show YF's total income and expenditure. This should be used to show YF and/or the business is in Financial Difficulty thereby requiring the bank to offer help under the Lending Code.

 

You should tell YF that refunds of charges, whether for business or private a/c's, are pretty rare these days and there's no certainty about getting anything back.

 

:-)

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Thanks slick132. Yes there will be statements available for the last six years. Is that as far back as the claim can go though?

 

Ideally it would have been handy if he had electronic downloads instead of hard copies, but as mentioned he does not have (or know how to get) internet access and is also a bit of a dinosaur when it comes to computers generally (hence my involvement and offer of help).

 

He is aware that there are no guarantees, but as I said to him, nothing ventured, nothing gained.

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Hi Frank,

 

As I suggested above, I would probably limit any claim under the Financial Difficulty section of The Lending Code to the date the current code was introduced.

 

I think a claim going back any further will be rejected out-of-hand.

 

:-)

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