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    • So there's no tax payable anyway.... nothing to see here!  
    • are you actually going to benefit out of this at all?   I was slightly getting confused here earlier, and forgot you said you are the claimant because you are suing the defendant for the cost of a hire car that you personally haven't had to pay for ?    
    • I received PCN's from TFL and Southwark. 08/06/19 I spoke with Southwark regarding PCN's and thought it was sorted.   Didn't hear anything back until 17/01/20 when my car was taken by Marston EA. TFL & Marston say they sent letters but have no proof.   I emailed TFL (19th June) through their online portal and again, via email on (14th Nov 2019) < the email on 14th has been viewed 17 times but no reply. (so I have proof of contact, they don't) I asked them if they send via recoded delivery/signed for but they do not.   When my car was taken, I received a call from a friend saying it's on the back of a truck, outside his house (which is round the block from mine). I ran round there and the EA was aggressive, shouted at me and refused to show ID/why he had taken my car.   I complained to Marston who denied it but sent me some of the footage. I complained again through resolver.co.uk and Marston lied again. Then I sent ALL my info and evidence etc.   took a few weeks and called me saying sorry and taking full responsibly for their EA's aggressive behaviour etc. TFL are still refusing to comment.   Marston offered me £250 as a goodwill payment but obviously the pain and trauma causes - that doesn't cover it. The police were called when they took my car cause I was so distressed and having a panic attack etc.   I've requested the phone call recording where they accepted guilt and that they had handled everything badly, including lying about the video on Resovler. I feel like Marston know they've done wrong, but TFL still aren't in the know. (to my knowledge)   Also, I requested info from TFL via whatdotheyknow.com and TFL did a data protection breach by uploading my full details including address etc. to a public forum (and I didn't even ask anything specific about my case) so I feel like they did this out of spite/anger.   the www.whatdotheyknow.com team reprimanded them for this and advised me to complain. I also paid £800+ to retrieve my vehicle and I have completed the OOT which was denied. I tried to take it to court but when I tried to do the 'low income' thing but they wanted bank statements which I couldn't get... then corona happened.   I've downloaded/uploaded the ZIP file from Resolver convos.   Regarding the footage: my initial message to them, I made myself seem unaware and 'stupid'   they wrote a generic reply telling me that 'the footage is fine and the EA did nothing wrong' they can't uphold my complaint,   then once they sent that; I sent them the CIVEA rulebook and timestamps in the video to show that they were in the wrong and had further lied in their official response (which must be illegal)   when they received the in-depth response, I think they got scared, went away for a couple weeks   tried to get the nice sounding woman to call me up, say sorry and be really nice then offer me a measly £250.   She also tried to rush me into agreeing.   
    • No it was about under by a couple grand.    Cheers
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sirbob10

Nobody ever told it it was fraudulent

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Hi

 

I'm desperate for some advice.

 

Since 2010 my dad has took the finance out for me due to bad credit history. We've had 3 VW, 2 Toyotas and now a Honda.

 

Toyota have financed the last 2 cars and the Honda we have now. We've always been upfront with the dealer. the 2 Toyotas came from the same dealer and we told them that I couldn't get finance so they asked if someone else could and my dad agreed and when we went for the Honda I to,d them as well and they also suggested I get someone so I did and my dad agreed again.

 

Today I've found out it's illegal. I was talking to Toyota Finance due to a issue with the Honda and mentioned my dad had the finance and I drove the car and it was registered in my hisbands name and kept at our address. She said Toyota don't allow this..I told her the 2 dealers have never said a thing about it not being allowed.

 

I've told my dad and he's shocked and said if it was fraud he'd never have agreed to finance the cars.

 

What is likely to happen. We are looking to sell the car anyway but I'm worried they think my dad has committed fraud.

 

It was the dealer who suggested it. Why would they do this if it was fraud.

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Unless it is in the finance agreement, then they are talking bull. You need, for piece of mind, to ask them where this is laid down and to give you a copy.

 

What type of finance is it ? You can't sell a car on hire purchase as it belongs to the finance company.

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Hi

 

Thanks for the reply. All they said was the car needs to be registered and insured at the persons address who has the finance. They have opened an investigation into the dealer as they shouldn't have done the sale knowing my father was getting the finance for me.

 

Toyota finance say I can sell the car no problem as long as I settle the finance.

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The definition of fraud is: wrongful or criminal deception intended to result in financial or personal gain.

 

One person paying for an item and another using it isn't criminal deception and no one is making a financial or personal gain from it. No different than your dad giving you the money in cash and you going out to buy and then paying him back monthly.

 

If they want it at the same address, then use your dads address for you correspondence with the insurance and registration.

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Fronting/Accommodation is not allowed - this is a situation where somebody obtains finance for someone else where that person would normally be declined the finance, thus obtaining finance by deception.

 

Many car finance providers will terminate the agreement and repossess the vehicle when they learn of the accommodation/fronting.

 

The way around this is obtaining finance with a guarantor or the guarantor obtaining a personal loan and using that to purchase the vehicle.

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They were informed up front so not deception. It would only be deception if lies were told to get the finance.

 

It is also of no consequence unless it is in the finance agreement.

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We did inform the dealer upfront as it was them who asked if we knew someone who could take the finance out for us.

 

Having read the agreement it does state that the person who name the finance is in must also be the registered keeper and must be kept at their address.

 

Luckily we sold the car yesterday to a dealer who will settle the finance.

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Good on you Bob. There will be a discount for early settlement, make sure it's you who gets that settlement rebate.

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