Car On Finance C4C Can Avelo Take The Car

[banksarggg]

Hi Everyone ,

 

i was hoping for some advice ,

 

 

after looking through documentation it seems i was REALLY naive when i took out the credit for my car ,

 

i had finance on 10.12.2014 for a renault megane 2007 1.9 DCI

 

To cut it short they charged me £2,350 for the car and the loan amount by credit for cars was £5500 !!

 

i was paying £150 a month , ive paid £2,300 off it ,

but with all the numerous problems ive had to pay for with the car from the start i stopped paying last month

 

last payment i made was on 17th june and i had to pay via "[email protected]

 

a Guy from avelo emailed me 10th june saying i needed to contact them urgently to discuss arrears

(he was a negotiations case handler)

 

i gave him a email back and told them when id make a payment

he replied saying "sorry our systems have not been updated and could i ask how you will be making a payment ?

and can we have your current phone number"

 

i didnt give him my number but id updated them with my new address and he replied back

"thank you ive updated our systems and

"are you willing to continue paying £175 per month starting from next month?"

i never replied then

 

 

today i had a different person who was "Trainee Case Handler" asking me to contact the office to discuss arrears (the same like before)

 

The reason i am not making payments is because i cannot afford to ,

 

the advice im looking for is

 

Can they take the car away from me ?

(on the documents i signed it stated that they could not take the goods if payments totalling £1997 have been made then they may not take the goods back against my wishes unless we get a court order)

 

this is the Credit4Cars agreement i signed 2 years ago ,

 

also i have noticed that they charged me £375 for a "Stronghold Protector payment assurance system"

they said they can disable my car with it as they reckon a device has been attached ,

 

the reason why i say they reckon because when i was late with a payment with C4C

they threatened me they were going to disable it ,

 

 

i was not in a good way then and snapped back and replied

"be my guest as i dont care"

(they did this 3 times to me but never disabled it and also when i asked a mechanic to look for it he said he couldnt see anything ,

 

when i chose the car the people at trade center where i bought the car said

because i have a tracking device my insurance would go down

 

 

now when i queried with them what make it was for my insurance they would not tell me

so i was paying a LOT more than i should have for my insurance ,

 

sorry to have gone on and on its just that the cars wheel bearing has gone

and it will cost me £200 tomorrow and if they are going to take back the vehicle then i wont get it fixed ,

 

thanks for your time any advice appreciated

[raydetinu]

correct they cannot take it without a court order, as you have paid more than a third, presume it is on HP?

but they may still try? especially if it is on a public road.

If it has a tracker then they can find it

You can hand the car back or let them take it and only have to pay half the total cost, purchase price plus loan cost and including any deposit made.

[renegadeimp]

correct they cannot take it without a court order, as you have paid more than a third, presume it is on HP?

but they may still try? especially if it is on a public road.

If it has a tracker then they can find it

You can hand the car back or let them take it and only have to pay half the total cost, purchase price plus loan cost and including any deposit made.

 

To clarify, if you hand it back, you MUST VT it. Do not VS it under any circumstances.

[dx100uk]

yep VT don't ever agree to VS

 

 

follow:

 

 

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,

.

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

.

the debtor can terminate at any time before the 50 % mark but would be liable for payments still to reach the 50 % mark,

.

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 [volutary surrender].

dont get caught out!!

take extensive photos of the car inside and out

and underneath and in the engine compartment ALWAYS.

if they try and charge a repo fee or collection fee they cannot:

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.

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 , you attachment to the car ha been terminated.

.

.

.

..............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...

..

[dx100uk]

also.

are you saying there are major issues with the car?

 

 

if so , you don't own it and any major repairs should be born by the finance co. under the HP agreement

 

 

you might want to expand a bit on the history of the reliability of this car from day one....

[banksarggg]

Hi All

 

As a customer of the former credit4cars i came across this :

 

its about the director of the company John Alfred Webstar

 

I Find it very weird how the Director for credit4cars ltd was also registered at "Avelo" who have taken over Credit4cars ltd Debt ,

 

he was first Director for C4C Ltd On 1st October 2012 and Resigned on 31st March 2016

Director For Avelo On 24th Jume 2015 And Resigned On 2nd March

 

This man has been a director for a LOT of finance companies and all the same time

This Has Got me questioning how shady C4C ltd Being taken on by Avelo

 

Here Is The Link

https://beta.companieshouse.gov.uk/officers/GgaLADKj1IZeNdLJtUEP-FCvOuE/appointments

 

Any thoughts on this ?

[dx100uk]

oh god

the swift / preferred mortgage bloke too.

 

 

did they create wave too!!!

 

 

dx

[banksarggg]

HERE IS MY ORIGINAL EMAIL I SENT :

 

THE ONE THAT CREDIT4CARS RIPPED ME OFF WITH ,

 

Firstly I find it very strange how your your company director "John Aldred Webster" was first Director for C4C Ltd On 1st October 2012 and Resigned on 31st March 2016

Director For Avelo On 24th June 2015 And Resigned On 2nd March

 

This man has been a director for a LOT of finance companies and all the same time

This Has Got me questioning how shady C4C ltd Being taken on by Avelo ,

 

And it's NOT just me who thinks this way ,

 

I've got a solicitor going through my contract papers with "Credit 4 Cars" NOT yourselves

I've NEVER signed ANYTHING FOR YOU ,

 

Also there is a lot of people saying there payments haven't shown up on your system ,

 

Another things that has arisen is that they charged me over £500 for some contraption to turn my car off if payments were not made ,

 

Clearly there is NO device attached to my car

 

Before my crash I'd payed over £1300 to have that car fixed properly only to discover after the crash My mechanic was disgusted to see that the car had previously been in a crash there was nothing but filler holding that car together ,

 

I've paid you well over the price there worth already I've paid £2850 !! And that includes payment for a bogus tracker they said was on there ,

 

(So that will be going to court on its own and the car being previously rebuild with filler)

 

Ive had a lot of people also say to me that when you took the debt over from credit4cars you had contacted them with a new contract with a MUCH lower APR !! ,

 

the car is at this moment stuck in my mechanics garage and I'm paying storage fees ,

 

I think it's fair to say that we are quits with each other either hand over ownership or I'll VT the car and the repucussions about being misold a tracker system etc and the car full of filler will follow ,

 

I await to hear back from you

 

THE REPLY I RECIEVED THIS MORNING

 

I am writing in correspondence to the recent message we received from yourself.

 

I will be initiating a complaints process for yourself to address all the concerns that you mentioned.

 

I note the following in regards to your complaint:

 

· You were concerned that Avelo had the same director as Credit 4 Cars. I can assure you that Avelo and Credit 4 Cars do not have any of the same Directors. Outside of that, this does not affect your financial obligation towards the Agreement as you still remain liable.

 

· You stated that you do not have an Agreement with Avelo as you signed your contract with Credit 4 Cars. For some ease of reference, I can inform you that all accounts were legally assigned over to Avelo under clause 11.9 of the Agreement. This provides Credit 4 Cars with the power to assign your Agreement over to another business (Avelo) under the same Terms and Conditions.

 

· You state that other customers were complaining that their payments have not shown up on our systems. I cannot discuss other accounts with yourself nor does this concern your Agreement. I can assure you that all your payments should be accurately reflecting on your account. If you have any evidence to the contrary, please provide.

 

· You were concerned with the immobiliser installed in your Vehicle. In regards to the installation of the device, you provided your consent as per the Stronghold Agreement insider the original Agreement. Since you are stating that the device is not in your Vehicle, this will be investigated.

 

· In regards to the faults encountered with your Vehicle, this will be passed over to the Avelo After Sales team to investigate as part of your complaint.

 

· Finally, you raised a complaint in relation to the APR present on future correspondence from ourselves. The original loan was calculated on a basic rate of interest using a particular method of calculation. From this basic interest rate and fees, the APR was calculated.

 

When Avelo took assignment of the loans and passed the management of the loan book to Shoosmiths, a change in the method of calculation was implemented in an effort to be more transparent in the way we do business and to allow customers to calculate their payments when they receive communications such as annual statements.

 

 

The statements therefore showed a flat rate of interest and because the method of calculation was changed, the interest rate (flat rate) reduced to ensure the payments remained in line with the repayments quoted on the original HP agreement documentation.

 

I understand that this may have caused some confusion with customers and could have given the impression that the basic rate of interest had been changed; it hasn’t. It is simply the method of calculation that has changed to try and assist customers and be more clear in the way repayments are calculated. You will of course note that the basic rate of interest and APR is set out on your Agreement and repayments are calculated based on the flat rate. You have therefore not suffered any loss or prejudice as a result of the different calculation on the statements.

 

Following feedback from some customers, the basic rate of interest and APR that was shown on the original HP agreements will now be quoted on all statements and other customer communication in the future.

 

I have opened up a complaints procedure on our end to investigate each complaint mentioned. You shall shortly be in receipt of an acknowledgment letter informing you that we have received the complaint and that we have 8 weeks in order to investigate.

 

Kind regards,

 

Rourke Bulbring

Case Handler

 

SHOOSMITHS LLP

 

Did Anyone notice he didnt mention nothing about the storage fees im paying to store my car and that i want to VT it

[dx100uk]

three threads merged

 

 

please keep to one thread

 

 

dx

[banksarggg]

Im really sorry Dx100uk I honestly thought I'd done a new post

My apologies

[superbitch17]

Avelo are being investigated by the FCA. They have advised the credit reference agencies they are a 'lender' but have no consumer credit licence and are not FCA regulated. They appear to be a 'ghost' company operating from an accommodation address 12 Hornsby Square, Basildon which is actually a shabby lock up garage unit! Not even an office and they have no employees. Bizarre.