IRS debt collector & Peugeot Finance 'debt'

[renegadeimp]

Time to get a full complaint going.

[grumpybutgorgeous]

Complaints all done x

[dx100uk]

aha you are inscotland

 

there is no remit even under 1/3rd that allows

any DCA or recovery service to take a vehicle WITHOUT a court order

 

so if they take the van without FIRST going to court

 

you can get them under section 90/1 of the CCA

 

unlawful repo.

 

I would be inclined to write to them both

and spell out clearly that you know your rights.

 

get that SAR off too

 

there is def NO legal remit anywhere that allows for 'fees' or penalty charges

 

you need to get all those back.

 

they are hoping you don't know your rights

 

you are in Scotland

repo laws are very dif to say England & wales

 

dx

[theoldrouge]

well as you have made 36/60 payments,

add on the deposit,

you are well over half the ag never mind a third,

 

and as dx says in scotland you pretty much need a repo of goods order at anytime,

so no need to hide the van in your case.

 

Have you received a default or termination notice?.

 

Just be aware the dca may try and suggest/ bully you into signing a letter of Voluntary Surrender,

as Puegeot will not want the expense or trouble of court action.

 

Have no dealings with them whatsoever other than directing them to the front gate-

-----A firm must ensure that all persons visiting a customer's property on its behalf

act at all times in accordance with the requirements of CONC 7 and do not1)

act in a threatening manner towards a customer;

(2) visit a customer at a time when they know or suspect that the customer is, or may be, particularly vulnerable;

(3) visit at an inappropriate location unless the customer has expressly consented to the visit;

(4) enter a customer's property without the customer's consent or an appropriate court order;

(5) refuse to leave a customer's property when it becomes apparent that the customer is unduly distressed or might not have the mental capacity to make an informed repayment decision or to engage in the debt recovery process;

(6) refuse to leave a customer's property when reasonably asked to do so;

(7) visit or threaten to visit a customer without the customer's prior agreement when a debt is deadlocked or reasonably queried or disputed (see CONC 7.14 (Settlements, disputed and deadlocked debt)).

[grumpybutgorgeous]

Thank you guys for all your help. I have sent a letter to both Peugeot Finance and IRS. I will await their response. The van is now at my dads, will leave it there till Monday. Not sure what a SAR is, so if someone could advise me regarding that would be much appreciated. Not going to surrender the van, but my Dad has offered to help with the arrears, is that a good idea,

Many thanks again,

Grumpy x

[grumpybutgorgeous]

No default or termination letters, the only correspondence they sent was monthly late fee letters and 1 letter saying that arrears of £400 had built up on the account. No registered or recorded letters and no phonecalls. The outstanding arrears are now £700.00, making IRS charges £300.00.

Grumpy x

[dx100uk]

well as said you can ignore the PENALTY charges & fees

they are unlawful and reclaimable

 

sar

 

dx

[grumpybutgorgeous]

Thank u so much DX.

Grumpy x

[grumpybutgorgeous]

Hi All,

 

I'm back with an update and more advice required.

 

Sent off all letters,

 

Peugeot Finance will not deal with us,

so had to speak to IRS.

 

The office manager was so helpful and so nice, all a ruse.

 

She said they were there to help us and try and sort out the mess.

 

Peugeot Finance would only take the agreement back once the arrears and charges were all paid up to date.

 

The arrears and June's payment were £544.11 and their charges were now £400.00.

A lovely sum to try and find!

 

I went away and done my calculations as the van arrears were the most important factor.

 

I ended up selling a piece of jewellery that my grandmother left me,

so i was able to go back and clear the outstanding arrears for the van.

 

The lovely kindly caring woman said she would work with me regarding their charges

and reduce them as i had cleared the arrears.

 

I questioned the legality of the charges, but was told its in the Finance Agreement.

She then pushed me as to what more i could pay,

 

i said we didn't have any spare money at the moment and she said until their charges were paid,

the monthly payments were to be made to them.

 

Our paperwork has arrived and although the charges were to be majorly reduced, off the money i have paid,

they have taken £300 of it in their charges.

That was not to be the case.

 

They now want an extra £85 per month on top of the monthly payment.

 

It's is not what was agreed.

 

Please help.

 

Grumpy x

[dx100uk]

you should NOT be talking to a fleecing DCA on the phone! ever!

 

get those charges reclaimed.

 

have you got the sar back yet?

 

dx

[grumpybutgorgeous]

No SAR back as yet, but they have cashed the cheque.

 

Grumpy x

[grumpybutgorgeous]

They said they needed to talk, that dealing by letter was not an option to resolve the matter. I know i have done wrong.

 

Grumpy x

[theoldrouge]

`the account is upto date and has not been terminated by PF so continue to pay PF do not even think of paying a DCA instead. Can you post up a copy of the original agreement with personal details removed

[grumpybutgorgeous]

Hi All,

 

Still looking for the agreement.

 

Paid next months payment this afternoon to Peugeot Finance, which is a total of £585.04 paid, all arrears and Julys payment.

 

I have told the lovely collection agency that I will only communicate by letter and as far as their charges are concerned,

 

I am not agreeing to them and will contest.

 

Peugeot will not answer any of my letters, so I have raised an official complaint. Let me know your thoughts?

 

Grumpy

[BRIGADIER2JCS]

Hi All,

 

Still looking for the agreement. Paid next months payment this afternoon to Peugeot Finance, which is a total of £585.04 paid, all arrears and Julys payment. I have told the lovely collection agency that I will only communicate by letter and as far as their charges are concerned, I am not agreeing to them and will contest. Peugeot will not answer any of my letters, so I have raised an official complaint. Let me know your thoughts?

 

Grumpy

 

 

Leave them alone, they have 56 days from the date on the FORMAL COMPLAINT to investigate an respond.

[theoldrouge]

yes Formal Complaint to Peugeot, they are in breach of the guidance of the-- FCA Consumer Credit Sourcebook--CONC 7.3.9

01/04/2014

FCA

 

A firm must not operate a policy of refusing to negotiate with a customer who is developing a repayment plan.-----

 

Do not have any dealings or make payments to the dca

[grumpybutgorgeous]

Thanks Brig and Rene

 

Great advice as always. Will keep you posted as to what develops.

 

Grumpy x