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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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MAR62

Not received new car but already received finance agreement***Resolved***

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Hello

 

 

In November I purchased a new car from Peugeot using Passport Finance. I paid a £250 deposit by credit card and was told my new car would be here at the end of January.

 

 

I have still not received delivery of my car nor is at the dealers. in fact nobody seems to know where it is or when I can expect to get it.

 

 

I have already received the V5 for this car and also the new finance agreement. I have had to pay my existing finance ( which is not a problem as I still have that car) but where do I stand with the new agreement that the dealer has already put in place even though I have not received the goods.

 

 

Maybe I was a bit naïve as the dealer asked me if he could register the sale for January 31st to increase the branch sales figures. I was not told that this would automatically register me as the keeper of the car, nor set the finance in motion.

 

 

From what I can see the car ( I tracked the vessel) was not even in the UK when he did this.

 

 

I am being fobbed off by them and have now been told I will get a call from Peugeot Motor Co to hopefully resolve this matter??

 

 

Please can somebody help me. Can I cancel this agreement. Should I call the finance company and explain to them.

 

 

I really am not sure what to do as I have been told that as I signed the paperwork on the dealers premises there is nothing I can do?

 

 

Thank you all

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Hi MAR62 and Welcome to CAG

 

What date does the new finance agreement start ...first payment?

 

If its imminent go back to the car dealer and tell them to hold the finance agreement...or does it start on delivery?

 

Andy


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Hi Andy

The car was registered to me as at the 31.01.16. The finance agreement has started and the first payment is due on 29.02.16. I have been told that I cannot cancel the finance agreement without affecting my credit rating. I have since found out that the car is still not in the UK and nobody appears to know where it is. I have been told by the dealer that it is covered by their insurance and I have checked on DVLA that it is taxed.

 

 

I have since been in touch with Peugeot Head office and they have offered to pay this months payment as a gesture of goodwill.

I am still trying to find out if what they have done is legal. How can they register a car in my name, push the finance agreement through, when I don't even have the car. I am being fobbed off by the dealer left right and centre and it seems they have washed their hands of it.

They would have received the payment I am sure from the finance company the minute it went "Live" so now I am liable to pay the finance company for something I don't have nor do I know when or if I am going to get it. I have been told so many different things I have no idea what to believe anymore.

can somebody please help me with regards to my right to cancel this and anything else that I may be able to do. I cant believe that I have to pay for something that I have not got.

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Many dealers register vehicles before they're actually handed over, it's all to do with boosting their sales figures and meeting targets.

 

Have you spoken to the finance company? I doubt they'd be too happy about paying for something which may or may not ever materialise. I'm not even sure of the legality of putting finance in place in this situation.

 

In a similar situation, my husband ended up being given a substantial amount of dealer fitted accessories plus a free 5 year service plan even though the vehicle was only a couple of weeks later than expected, and we have a letter on their headed paper confirming that the warranty etc runs from the date of collection not the date the vehicle was registered.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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" I have since been in touch with Peugeot Head office and they have offered to pay this months payment as a gesture of goodwill."

 

They wouldn't need to if they had done the finance correctly in the first instance and I really cant see how that is legally possible..as the agreement is between you and the finance company?


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I worked in the motor industry for many years. Yes, it's not uncommon for a vehicle to be registered before arriving at the dealership BUT the finance agreement would never have been signed by the customer until the point of hand over/delivery. The dealership will have received their payment for the amount you have financed so absolutely no way should those finance documents have been signed and processed until you collect the vehicle! It is fraud for the dealership to receive payment for something that has not been supplied.

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I've known dealers ask for a finance agreement to be signed a few days before collection so they can ensure the money is in their account before the car is handed over (which IMO is a bit cheeky) but to ask you to start paying for something that doesnt exist is out of order.

 

Be aware that the clock will have started for the warranty, service schedule and MOT from the date the car was registered.

 

I would be asking Peugeot to freeze the finance agreement until the car is collected, then the first payment 30 days after this date, together with resetting the warranty etc.

 

Whatever you do make sure you have everything in writing and dont stop any direct debits until you do.

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Thank you all for your advice.

 

 

I sent an email yesterday to Peugeot Customer Service re warranty etc and today I had a call from the dealer to tell me that all warranties , breakdown cover etc have been extended by a further year at their cost. They are also paying for my first annual service. I have said that I am not agreeing to anything unless I have it in writing.

 

 

I must point out that Peugeot themselves have not caused this problem , it all started with the dealer registering the car before it had even arrived and Peugeot have offered to pay the first months payment as way of an apology. I must say that I have had nothing but good service from their customer service and it is only since I contacted them that things have started to get done.

 

 

I have also spoken to finance company and they have been in touch with the dealer. They were really helpful and unaware that I had not received my car. Even they said how can the dealer expect me to pay for something that I haven't got. Long story short. If I have not received my car by beginning of next week the finance company have told the dealer that they will cancel the existing agreement and restart it from the date of delivery.

 

 

So according to the dealer my car should be there on Friday. Depending on what time it arrives, I may or may not have it by the weekend. I will not hold my breath. Once again thank you all for your help.

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" If I have not received my car by beginning of next week the finance company have told the dealer that they will cancel the existing agreement and restart it from the date of delivery "

 

:wink:


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Make absolutely sure that you have everything in writing before accepting the car - dealers have a way of forgetting promises very quickly once you've signed on the dotted line.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Hello

 

 

Just to give a quick update. I finally picked up my car on Saturday. Neither the Manager or the Sales Rep were in that day but they had passed it to somebody else to deal with. Needless to say I have everything that was agreed with the dealer in writing. I have had a call from Peugeot customer service as well as PSA to check if I have had the car and that everything is as it should be. Thank you once again for all your help.

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Well done Mar ...delighted that this has been resolved for you.

 

 

:whoo:

 

Regards

 

Andy


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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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