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    • Okay. We are very happy to help you get your money back. If you have the evidence that I have indicated then there is absolutely no problem and frankly I don't know why Halfords seems to be prepared to cause such a fuss to deny you your consumer rights and to save her company 40 quid – simply on a callout fee.  Now that I've called their attention to this thread I expect that they they will be following it. If you are prepared to issue a small claim then we will help you all the way including helping you draft your documents. Halfords will be crazy to allow this to continue – but if they decide to get personal about it then they will see you in court but the chances of them winning are negligible. It's up to you. Bringing a small claim is very easy. Your risk would be the claim fee which in this case would be £25, I think and then if they push it to a hearing about a hundred quid which when you win – if you win – you will get back. Of course we will publish the result here and show Halfords up as we have done before. It's amazing to have to go to this kind of trouble.   Once again, I just want to confirm that your case will be that you inputted all the correct details into their website and Halfords returned a particular specification to you which was incorrect. Effectively this means that they are in breach of their contractual duty to supply goods which are fit for their purpose. However, have you checked elsewhere in fact Halfords are correct and that the tyres are not fit for your vehicle. It occurs to me that maybe Halfords have told you that they're not fit for your vehicle when in fact they are. This would also put Halfords in breach but in a rather different way.  
    • @dx100uk Well my pro-rata offer is minus at the moment lol so I will look to modify it and offer the £1 token payment. Is that the right move? At the end of the day both they and I know that you can't get blood out of a stone and I am a stone currently   Thanks again sir
    • Hi, yes this is the same sort of response I keep getting about this. Yes so it asked for the registration number of the car, and this was inputted correctly. It’s then “found” the brand and type of car “Kia carens 1.6” etc and then came up with the “Recommended” list we then selected the tyres from. I have checked it since we bought them and the same tyre still comes up. In response to the lady above where we “assumed” we did assume the tyres would be correct in the list so didn’t see any need to ring to confirm if you see what I mean. We did try ringing the company but they were unwilling to provide information of supervisor. It seems like the company isn’t going to do anything about this.. 😕
    • They are all actually your interpretations, and nothing more than incorrect assumptions and extreme misrepresentations (at best) of mine (and thats being kind)  
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual  note the long gateway number given  then log in .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time  click thru to the end  confirm and exit MCOL. . .  get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/  leave the £1PO blank and uncrossed . .  get a CPR 31:14 request running to the solicitors [if one is not listed send to the claimant] . . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]  
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winniep

behind on swift loan with suspended REPO - going for repo again lots of charges

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I took out a swift secured loan in 2005.

..which was to be paid over 60 month at the rate of 120.41 a month..

 

..in 2007 i fell into arrears and a ccj was applied to grant repossession.

..this got suspended ..

.to pay normal monthly cost and a little off the arrears...

.this was done until the term expired and at that point debt reached in the 12000 mark...

 

They said to carry on paying the normal amount which was pre contract plus extra towards arrears..

( but no monthly payments were due as term expired)

so assume everything i pay goes towards arrears.

 

.been paying every month since to the point of last yr paying 280.00 a month.

 

..i missed a payment in aug and now they are saying they are taking litigation action

...not sure whether its to enforce the original ccj or acquire a new one.

..can they do this??

 

Would old one be valid.

..as old one was pay contracted payment with little towards arrears

 

.in total i have paid in exceas of 15,000 and they say i still owe 8,300.

 

.can someone help me??

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I don't think they can resurrect the first repossession order nine years later. What was the original amount borrowed. The original loan should have finished in 2010 but you are still paying six years after that, yet you were paying the contractual amount plus their set amount towards the arrears. Did they state when this arrangement was made the date it would finish?

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I don't think they can resurrect the first repossession order nine years later. What was the original amount borrowed. The original loan should have finished in 2010 but you are still paying six years after that, yet you were paying the contractual amount plus their set amount towards the arrears. Did they state when this arrangement was made the date it would finish?

 

hi

I was wrong about it being a ccj....it was the default that was registered for 6 years..I always thought it was a ccj.....I took the loan out in June 2005 for 5000 payable over 60months at 120.00 a month.

 

I got in arrears in 2008 and a repossession order was applied. But it was suspended on the fact I paid 120.00 plus 50.00 towards the arrears that were 480 at the time....The payments wer made but I fell behind a bit more before the term of the loan expired and they hadn't taken it back to court..at the time the loan was term expired in June 2010 I iwed 2800.00 in arrears.

 

This with the charges that they applied up until this point which was 3500 made me total arrears of 6300 rough figures.....they said I could carry on until arrears were clear by paying amounts each month which were always different ..latest payments being 280.00. Per month..I missed the one in August which has led them to go for litigation...do they have to start again?

 

TO date I have paid over 15,000 pound for this loan and they say I owe 8500 still.....Can they go for a straight eviction date....it was a regulated secured loan

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own thread created

 

 

have you all the statements.


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I have the copies of the repossession order and all the details of payments made and charges applied..nothing about interest....and no in detail of each charge and hat it was for

 

I also have copy of agreement signed in 2005

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yes they can go straight for repo

but not before they've had a hearing about it.

 

 

and I doubt they will as its all charges?

 

 

are you happy to do the spreadsheet like the other thread you came from?

 

 

dx


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Do you also have the interest rates used over the last 11 years. If you ring them this info can be sent out to you.

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aye wrong redirect sorted

 

 

dx


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If the repossession order was granted in 2008 then they will have to apply to the court to enforce the order as more than 6 years have passed without them bringing further action. However you would be able to ask for a hearing in front of a judge to defend.


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Ellen and DX have answered your question Winnie on the repo position so if you can focus on your counter defence of charges applied, ready for when you receive their next direction. We don't know your personal circumstances at this point, or when you first applied for the loan which can be issues to also consider.

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Ok Swift Advances PLC v Daley case no 4PB02756 is a recent judgement regarding issues including charges. Unfortunately this was an un-regulated loan which didn't have the protection supposedly offered on your regulated loan but it might have a few pointers that could help.

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Ok Swift Advances PLC v Daley case no 4PB02756 is a recent judgement regarding issues ..

including charges. Unfortunately this was an un-regulated loan which didn't

have the protection supposedly

offered on your regulated loan but it might have a few pointers

that could help.

 

hi do you know if i could read about this case

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A redemption statement will show Swift's summary breakdown of how they get to their figure. It will include the interest charged on the charges.

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in 2005 we took out regulated secured loan for 5000.

.variable rate of 16.44 apr..

.fell behind in 2008

and went to court and got suspended to pay of arrears of 480.

 

At the time..loan carried on but fell back into arrears and term end was 23rd july 2010.

..as it came to end I still had arrears and obv charges arrears plus interest so was quite high

 

I asked what will happen and they said just keep paying the agreed amount which was 124.00 and some extra off.

.which was whatever i could afford at time//

 

over the years debt crept up to about £12k with interest etc.

.each yr payments have increased and we have paid more each yr that's passed and debt has eventually come down to 8400

 

In total I have paid over 15k and have 8500 owing.

 

.i missed a payment in august which they then said they've give us enough time and going back to court..

.tried to offer more each week but they said no.

..Not sure if it will be a fresh claim..

.or enforce the one from 2008...

 

Since they sent me all the payment sheets I have noted charges etc,

,one page is missing .

..15months worth of details

 

so sent sar asking for it.

.plus put in complaint to get some charges looked at

 

..do you think I have good chance of a final suspension.

 

should I apply for a time order?

ask for adjournment until I get all details.

 

.Court costs from last time are 2000 and they also charged repossession cancellation of 100..too...

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repo cancellation charge!!

who do they think they are!!

 

a £5k loan from 2005 and still owing £8500 ruddy fleecers

 

not they cant use the old 2008 order - ELLENN says.

 

shouldn't be charging interest on fees either.

 

get an sar running.


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have asked for a sar..

..also complained following their complaints procedure.

..regarding high interest..

 

 

.there was no mention of any contractual interest being added onto my account.

..nor any information of arrears and what charges have been applied etc...

 

 

..variable rate was 16.44 at start of loan

plus when arrears accrued but when went to court they say it was 18.44 which again I was never informed of the hike in interest rate

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I have numerous charges for 23.00 saying arrears r 1. weekly..

.at beginning f first arrears.

.100.for a W1/1 letter x2

250.00 defult fee

1,509.90 litigation charges

 

 

then 4 days later 534.66 litigation charge.

 

 

.all put on account four months after court suspension

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all those can be reclaimed at their int rate

they can argue if they can all be reclaimed later

 

 

so you've not actually got a date yet for repo

just a threat?


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no they are due to look at account on 4th nov.

..the advisor when last spoke said solicitors are trying to get a hearing.

 

 

.i did ask them when I put in complaint to withhold any further action until sar request been dealt with.

.not sure whether this will make any difference.

 

 

.my main worry is with it being a time served loan will judge automatically grant them the repo..

 

 

....now they've sent me all the details and ive looked through them I just want to check whether they are all fair charges and whether interest amount is right...

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update

rang swift this morning as sent sar request but didn't enclose any fees..

.asking if there was a charge.

.gentlemen said he would take the payment of my card

and send it to relevant department Monday morning..

 

as I arrived home I had a large envelope.

.with my complaint details enclosed.

..plus a repayment record .

.and accurial account summary..

 

 

of which results are.

as of 25/0ct/16 simple interest 1.17

disbs and ad charges 5,440.81

bounced cheques 8,996.85

monies received 24,832.78

interest added 13,881.76

actuarial balance 8,487.81

 

also I had few copies of letters they said they had sent me

..also one main copy of the court decision from 2007..

 

of which it states

Upon hearing the solicitor for the claimant and xxxxx not attending

or xxxxxx not attending

 

 

the court orders the claimant possession of xxxxxxxxxxxxxxxxxxx on or before September 11 2007

\the defendant to pay the claimant 61,850.24 being the outstanding amount under the mortgage!!!!!!!

 

The order is not enforceable as long as they pay the unpaid instalments under the mortgage of 361.29 by conditions set out below

 

50 per month ...ist to be paid by septemeber...

 

Isnt this copy supposed to be exact copy from the court as never in my life have I owed that much or have they claimed that muc.

 

 

.as I got straight on the phone to a swift advisor as I panicked thinking god they want loads.

..the advisor said it has never been that amount outstanding

...so this in fact anot the true copy...

 

in my accounts of interest applied I have had interest applied with every payment I made say I paid 70..they added 48 interest on top...

 

on my printed repayment record I had as of 23 dec 2011

..6.47 owing.

..0.1 months arrears

...from that point everything I pad it increased in the arrears box.

.but has brackets around it..

 

every single payment I made it increased every single time unless my payment declined where it stayed the ame..

looks like I was more in debt by making payments than not making them...

 

They have offered my 1009.00 as a gesture of goodwill..

.Think I need to send this of now for further investigation

..I don't think I should owe anything

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disbs and ad charges 5,440.81

bounced cheques 8,996.85

 

 

wow get a spreadsheet done that will calc their interest

convert that montly apr to yearly?


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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

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you need to stop ringing them!

you need a papertrail.

 

 

dx


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

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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

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how do I do spreadsheet..

I will write to them from now on

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