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    • pers id send by royal mail our vt letter.   see what they do.   Section 99 of the Consumer Credit Act gives the debtor the right to terminate a hire purchase agreement,  simply by giving written notice of termination.  . The right to terminate applies at any time before the final payment becomes due, unless the creditor has already terminated.  contrary to the line taken by many finance companies,  . the debtor need not have paid half the total amount payable,  and nor do they have to pay any arrears, [read below carefully regarding arrears ]. . before exercising the right to terminate.  . Sections 99 and 100 set out the debtor's liability on voluntary termination.  The sections are complex,  but their main effect can be summarised in brief as follows.  . If the sum of payments made and arrears before termination exceeds 50% of the total price,  than the debtor is only liable to pay the arrears.  . Otherwise, the debtor is liable to pay half the total price, less any payments already made.  .  so the debtor can terminate at any time if he has reached the 50 % mark but would be liable for any payments still to reach the 50 % mark,  .   it does not matter if the account is in arrears at the time or request to do a voluntary termination. . you need to specifically nail them down that this is a VT and NOT a VS Voluntary surrender]. dont get caught out!! . take extensive photos and video of the car inside and out  and underneath [use a selfie stick] and in the engine compartment  ALWAYS. . if they try and charge a repo fee or collection fee they cannot: . The only charges you must pay are the ones contained in the legislation and itemised in section 101,  the charge mentioned is levied after the agrement is terminated and is void in any case.  . All it means is that no one will collect the terminated car(their car), well that is ther problem it is no longer yours , your attachment to the car has been terminated.. . 173 Contracting-out forbidden. (1)A term contained in a regulated agreement or linked transaction, or in any other agreement relating to an actual or prospective regulated agreement or linked transaction, is void if, and to the extent that, it is inconsistent with a provision for the protection of the debtor or hirer or his relative or any surety contained in this Act or in any regulation made under this Act. . This term is covered by the above section of the CCA 1974 in that it breaches this: .  99 Right to terminate hire-purchase etc. agreements. .  (1)At any time before the final payment by the debtor under a regulated hire-purchase or regulated conditional sale agreement falls due, the debtor shall be entitled to terminate the agreement by giving notice to any person entitled or authorised to receive the sums payable under the agreement .  In other words nothing can stop you voluntarily terminating. . although dependant on the way your agreement is written, they can charge excess mileage .  this has been accepted at county courticon level, but afaik has not been tested in a higher court .. . . ..............example letter..ADAPT TO SUIT............. . You must vt under s99/100 cca1974. do not sign any of their forms, or agree to pay anything.  . The car has just to be in reasonable condition for its age.  If you have paid in excess of 50%,  with no arrears there will be nothing to pay. . Send them the following letter,  they MUST action your request,  you should endeavour to be present at the vehicle inspection--- . VOLUNTARY TERMINATION OF AGREEMENT UNDER S99/100 CCA 1974 .  Account No: (xxxxxxx) .  Dear Sir,  I am writing to notify you that I am exercising my right to terminate the above Agreement  under Section 99 of the consumer credit act1974.  . You will understand that the aforementioned section permits the debtor to terminate the agreement  at any time before the last payment is due.  . There is no restriction regarding the exercising this statutory right,  particularly none in respect of any perceived arrears or monies due on termination . I understand that I shall be liable to you for the amount calculated under the formula in Section 100  of the Consumer Credit Act 1974.  . **As I have/have not paid more than the amount calculated under the formula in Section 100 the amount due is £XXXX/zero. .  The above agreement will be terminated 14 days from the date of this notice. .  Please send me details of how the vehicle can be returned to you. .  You will be aware that statute prevents you from levying a charge for the recovery of this vehicle;  guidelines also state that if you require me to deliver this vehicle  it must be no more than a short (reasonable distance) from my registered address. .   Please confirm receipt of this request in writing within 7 days of receipt. . -Yours etc... ..  
    • Have contacted HSBC and they said the payment was not marked on their system as a recurring payment authority, so they believe insurance can't debit the card again without my approval. Let's hope they are right  
    • @dx100uk So they can't enforce it? That's so strange. Ok I will include it if I go for a DRO or IVA.   I am reading as much as possible on both DRO and IVA's and trying to make an informed decision as to whether or not this is the right thing for me. I am struggling so much financially but I hate the thought of not being able to pay back the creditors.   My next question is: Can I still send off the pro rata debt letter asking my creditors to freeze my interest whilst I look into the DRO and IVA's? Or do I need to just go straight into a DRO/IVA situation?   If they freeze my interest do I then continue to pay back the minimum payments? Or am I able to negotiate lower repayments? Also, do I contact them myself or is there an agency I can go through?   I feel like I am slowly understanding the options available to me, which has eased my mind a lot. I can't thank you all enough for taking the time to read my posts and help me out. I have no one to turn to and you all feel like my friends now x   I like the idea of this:    https://www.nationaldebtline.org/EW/information/10 ways to clear your debt/Pages/Options-for-dealing-with-your-debt-informal-arrangement.aspx   From what I can see this would not list me on any insolvency list and as such wouldn't affect my chances of getting a mortgage or credit in the future?   What are your views on the above? x
    • Ah thank you. But wouldnt the data have to be inputted in the first place by a human being, which suggests liaison between the services..ie the sexual health people and your own doctor...
    • So what would be the best way to word this ?
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daverules

Amount registered on CRA changed to reflect added Court Costs

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Hi there,

friend of mine has been dealing with cabot for a CC,

she has ignored them for some time

 

 

recently been receiving letters regarding going to court from their solicitors

stating the amount court costs would be,

she is not worried about that as she knows it will be statues barred very soon

 

 

but she has just checked her file on Clear score

and the amount has been increased by the amount of court costs described in their last letter.

 

Can they do this, add the costs on to her cra file before it's even been to court?

 

Many thanks.

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doesn't really matter as such

its std practice

but ofcourse

they must issue proceedings to justify it.

 

 

being 'shortly' statue barred does stop them for issuing a claim mind

they might already have.

 

 

the claimform will pause the sB clock if they have done.

 

 

me thinks she needs to make sure they know here correct address?

as I bet they don't

and they've issued a claimform to the last known address

 

 

and sadly quite rightly so.

if she has never updated them.

 

 

dx


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Hi

thanks for the response dx.

 

They have her address as they have written to her several times.

 

Her concern was that the amount they added has taken her over £5000 leaving it open for them to issue bankruptcy order?

 

General question for my notes regarding the claimform pausing the SB clock, if they fail to get a CCJ does that restart

the SB clock and if so does it start another 6 years or pick up where it was when the claimform was issued?

 

Regards

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As I said it pauses

Forget bk


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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