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    • Hi.   Could you let us have the information requested in the forum sticky please? This will help us to advise you. In the meantime don't worry too much about this.     HB  
    • So last August my girlfriend went to Legoland with the kids (4 & 8) and her mum and then went to Pizza Express in Windsor. They parked at Castle Car Park.    They paid to park and went to eat. They were then a few minutes late back. There was already an attendant issuing a ticket. The attendant then waited until my girlfriend was over ten minutes late to issue the ticket despite her being there well within any grace period.   My girlfriend appealed to Ultimate Customer Solutions end of August but did not receive a response (they later said they emailed a rejection which my girlfriend never received until it was resent). Then in August she received the first debt collection letter. Then my girlfriend was advised to respond to UCS requesting an Subject Access Request (SAR) which they have not ever acknowledged or responded to.    So then we thought they had gone away until we received a letter from CSB solicitors (same address as UCS) advising they would be beginning court proceedings against my girlfriend. I told my girlfriend to complain that they haven't responded to any of our requests so she called the number of UCS and was basically accused of being rude to the t*** at the end of the phone. She wasn't but he wasn't very helpful and said they had responded to the appeal and sent it again. This was on the 16th January 2020.    On the 29th Jan this was sent after another chase to the solicitors:   I have reported UK Parkings ltd to the ICO as they are in beach of GDPR having ignored my SAR request. Further to this I was not notified that my initial appeal had been rejected and therefore cannot further appeal in a standard way and therefore I am awaiting further advice for ways to appeal against this unfair PCN.   As it stands should you decide to further contact me in regards to this matter without good cause I shall be seeking legal advice as per my statutory rights.   My girlfriend then received another letter from UCS threatening debt collectors (I told her not to worry about this) and so she wrote to the solicitors asking for an update:   Email dated 21/02/2020 I am writing to you regarding my email sent on 29th January, below. I still have not received a response from you and I left a voicemail for a solicitor to call me from CSB Solicitors, which I have also not received. I would like to speak to a solicitor regarding this PCN.   The solicitor responded via email the following: Dear Madam,   Thank you for your email.   Following your email below, we reverted this matter back to our Client for their instructions. We will only be able to respond more fully once these are received.   At this stage we have no further instructions other than to send out a letter to you dated 16 January 2020.   We hope to be able to respond more fully once these are received.   Yours faithfully,   Solicitor   So UCS are not actually doing anything they should do but nobody we have complained to has actually come back to us so not sure where to take this because I don't have time for court and I would rather just have someone take the (insert appropriate word here) to task on these unbelievably poor practices!   Any advice on next steps?   Thanks    
    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
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LoveVWRED

Unknowingly Bought a Car with Outstanding Finance

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Hello,

 

First time posting here - really need your guys help!

 

About 2 months ago I saw an ad on Gumtree pertaining to a sale of a car.

 

After questioning the individual selling the car - I was told there was nothing wrong with the car. He gave me the new keeper's form and assured me he just wanted to sell the car for the cash. My brother at the time was with me for it's sale.

 

The car has damages that need repairing as it has a few dents (one pretty severe) and a couple of scratches to take care of.

 

I purchased the car via a bank transfer directly to that individual's account.

 

Three days later I attempt to phone the individual and it seems his phone has been disconnected...

 

I had my suspicions so I did a HPI check and found out the car has outstanding finance. I called up the finance company, and they have stated they are financially interested in the car.

 

Since the two months I found out: I have registered myself as the new keeper, called back to still find financially interested (I had hoped the previous owner would have cleared this by now), gone to a free law advice service to draft a letter to be sent to the finance company and done a few repairs on the car (holding off on the major one for now).

 

Today I received a 'slip' from Armstrong Nationwide Ltd (which I googled to find out to be a recovery service).

 

I called them up and they asked to meet IN PERSON to fill out a questionnaire.

 

My question is this:

What do I do?

Edited by LoveVWRED

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As long as you have receipt for your purchase at or about market value at the time and bought it in good faith then you will get title to the car.

 

The only time this does not apply is if the car was on a lease or PCP, with ordinary HP you get title.

 

I posted a link on a similar thread a couple of months ago and there was a successful outcome

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Hi there oddjobbob,

 

Thank you for your reply.

 

I purchased the car for about 60% of it's usual value. The repairs have so far taken a few hundred pounds.

 

I still need to repair the huge damages done to the side of the car which would cost around 500.

 

I did a check on RAC and the Agreement Type listed under the Outstanding Finance section is a Conditional Sale.

 

Would that entitle me to the same act?

 

Thanks!

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At 60% of value it can be argued that you should have been aware that there was some kind of back story to the car.

 

AFAIK conditional sale is fine, the sticking point is as above.

 

Do you have a receipt?

 

Please read ALL the other thread, there is lots of info there on what to do and what to write.

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The reason I found the car to be cheap was because of all the repairs that were required on it. I didn't think of the back story - which is completely my fault ;(

 

I have a bank transfer to the owner of the vehicle and a voice recording of us discussing the car.

 

I tried emailing the previous owner a receipt to fill out, but he has ignored my requests.

 

What should I do about the recovery agency?

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Only way to get the recovery company out of the picture is to come to an agreement with the finance company. basically, you just bought someones debt.


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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Is the recovery company trying to meet me in person in an attempt to get me to bring my car with me?

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No. If you bought the car and can show this by bank transfer + recording etc then this means you will get good title to the car. You have NOT bought someone else's debt, just read all of the other thread andstick to your guns you will get unencumbered title, the finance co are bound by law to pursue the person that took out the finance, not you.

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Only way to get the recovery company out of the picture is to come to an agreement with the finance company. basically, you just bought someones debt.

 

Sorry renegade, it doesn't work like that. I know it's counter intuitive - after all, if the selling party did not have title how can they possibly pass title to a 3rd party-but they can. See other thread http://www.consumeractiongroup.co.uk/forum/showthread.php?451667-Outstanding-HP-on-car-bought-for-parts&p=4786854#post4786854

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Conditional sale fine, HP Act 1964 s27

 

[F127 Protection of purchasers of motor vehicles.

 

(1)This section applies where a motor vehicle has been bailed or (in Scotland) hired under a hire-purchase agreement, or has been agreed to be sold under a conditional sale agreement, and, before the property in the vehicle has become vested in the debtor, he disposes of the vehicle to another person.

(2)Where the disposition referred to in subsection (1) above is to a private purchaser, and he is a purchaser of the motor vehicle in good faith without notice of the hire-purchase or conditional sale agreement (the “relevant agreement”) that disposition shall have effect as if the creditor’s title to the vehicle has been vested in the debtor immediately before that disposition.

(3)Where the person to whom the disposition referred to in subsection (1) above is made (the “original purchaser”) is a trade or finance purchaser, then if the person who is the first private purchaser of the motor vehicle after that disposition (the “first private purchaser”) is a purchaser of the vehicle in good faith without notice of the relevant agreement, the disposition of the vehicle to the first private purchaser shall have effect as if the title of the creditor to the vehicle had been vested in the debtor immediately before he disposed of it to the original purchaser.

(4)Where, in a case within subsection (3) above—

(a)the disposition by which the first private purchaser becomes a purchaser of the motor vehicle in good faith without notice of the relevant agreement is itself a bailment or hiring under a hire-purchase agreement, and

(b)the person who is the creditor in relation to that agreement disposes of the vehicle to the first private purchaser, or a person claiming under him, by transferring to him the property in the vehicle in pursuance of a provision in the agreement in that behalf,the disposition referred to in paragraph (b) above (whether or not the person to whom it is made is a purchaser in good faith without notice of the relevant agreement) shall as well as the disposition referred to in paragraph (a) above, have effect as mentioned in sub-section (3) above.

(5)The preceding provisions of this section apply—

(a)notwithstanding anything in [F2section 21 of the M1Sale of Goods Act 1979] (sale of goods by a person not the owner), but

(b)without prejudice to the provisions of the Factors Acts (as defined by [F3section 61(1) of the said Act of 1979] or of any other enactment enabling the apparent owner of goods to dispose of them as if he were the true owner.

(6)Nothing in this section shall exonerate the debtor from any liability (whether criminal or civil) to which he would be subject apart from this section; and, in a case where the debtor disposes of the motor vehicle to a trade or finance purchaser, nothing in this section shall exonerate—

(a)that trade or finance purchaser, or

(b)any other trade or finance purchaser who becomes a purchaser of the vehicle and is not a person claiming under the first private purchaser,from any liability (whether criminal of civil) to which he would be subject apart from this section.]

Annotations: Help about Annotation

Amendments (Textual)

F1

Part III substituted by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 4 Pt. I para. 22

F2

Words substituted by Sale of Goods Act 1979 (c. 54, SIF 109:1), s. 63, Sch. 2 para. 4(a)

F3

Words substituted by Sale of Goods Act 1979 (c. 54, SIF 109:1), s. 63, Sch. 2 para. 4(b)

Marginal Citations

M1

1979 c. 54(109:1).


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Thanks everyone for your replies!

 

So here's what's happened so far.

 

I will no longer be in contact with the Armstrong recovery people.

 

I have decided to get in touch straight with the finance company instead.

 

They've sent me a questionnaire via email to complete and return within one week - which is a bit ridiculous cause it's going to take me some time to gather up all the receipts, proofs and etc.

 

I've visited webuyanycar and they've quoted me the same figure for the car that I paid.

 

I'll be visiting an authorised Volkswagen service center and getting it serviced and then get quoted for all the repairs needed to it.

 

Wish me luck! Any advice would be welcome!

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