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    • Just another example of how Enforcement helps not to clear debt by increasing it.
    • Firstly, you don't need to worry about the so-called "six-month rule". The consumer rights act simply complements the existing law contract. It adds to it, it clarifies it – but it doesn't take anything away from it. Not only that, even within the consumer rights act, the most important provision is that the goods you buy are of satisfactory quality and that they conform to their description. If you have bought a vehicle expecting it to be low mileage – only 17,000 and in fact the mileage turns out to be double – 34,000, then I would say that it is not of satisfactory quality. Also, it doesn't conform to its description. It is impossible that this vehicle could be repaired in order to return it to its expected satisfactory condition because you can't undo the mileage don't wear and tear. Furthermore it doesn't conform to its description and nobody will be able to undo that either. On that basis it seems to me that this is what is known as a fundamental breach of contract – which is a breach so serious that it essentially undermines the purpose of the contract – and it amounts to a termination by the seller and it is up to you the innocent party to accept the termination and to consider that the contract is at an end. This then gives you the right to recover all of the losses which you have reasonably incurred as a result of the seller's breach of contract. You have bought this vehicle using finance – and I'm assuming that it is alone and under section 75 of the Consumer Credit Act, the finance company are fully liable to you in exactly the same way that the supplier is liable. In other words, their financial liability to you are mirror images of each other. You say that you are in "the process" of rejecting the car. I don't understand what process there is. You simply write to the supplier – copy it to the finance company – and tell them that the contract is at an end because they have breached it in a very serious way and you want to know what arrangements are being made for returning the car. I think that you should also point out that in the interim period you will be without a vehicle and that it would be in their interests to provide you with a loan vehicle until such time as you can source a replacement. Frankly, if you trust the supplier – and if the supplier behaves in a responsible way, this may be the time to negotiate a new vehicle from the supplier – and no doubt this time they will be far more careful about what they supply you. I think it will be worth pointing out to the supplier that if he will not provide you with a reasonable loan vehicle that you will incur costs in respect of a hire vehicle or some other arrangement and that you will look to them to reimburse you all of these expenses. Once again, you should send a copy of this to the finance company. Separately you should write directly to the finance company and put them on notice as well that the finance agreement is at an end because of the fundamental breach of their client. Because they are a finance company, don't expect them to be especially cooperative so I would tell them immediately that if there is any hint of a lack of cooperation that you will begin an immediate complaint to the FOS – but you may decide to proceed direct to a county court if you feel you have to. Have you contacted anybody about this? We could all be jumping the gun because maybe you haven't even brought it to the attention of the dealer and you don't know what the dealer's attitude is. In all letters, make sure that you copy the letters to the garage to the finance company and those to the finance company copy to the garage – so everybody knows the extent of the trouble you are making about this. Finally, why haven't you told us the name of the garage? Are you trying to protect them? What is the name of the finance company? Are you trying to protect them?
    • I have also read a few threads on CAG and also MSE and there is one conflic of opnions which does worry me a little which is the ignore or appeal...   Ignore until they get to a stage where I have to respond or appeal and not let any claim forms come throug the post and cause unnecesarry stress as my wife is the RK of the car.   I trust your judgement on here as your advice has always been clear and confident but i thoguht I would still ask at what point is ignoring these both, going to do us harm with a CCJ or something?   Thanks again   Gee
    • they only get one bite at the cherry    did you ring the court?   dx  
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Full & Final.... any advice please.

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Please bare with me,


Its like War & Peace.....


The wife and i are currently on a Interest Only mortgage, we have bad credit and have been trying to re-mortgage to try and get some of the mortgage paid off, We have two young children & no-one will touch us.


We have around 80k equity in the Property at the moment.


I'll do my situation first....


I have been on a DMP with Step change for nearly 10 years, started early 2007.....at first i owed around 27k but now it is down to just over 8k.


After some great advice on here , I CCA'd all my original creditors a few years ago now & came back with the agreements in place, so i just kept paying step change £200pm to divide up between my Six creditors., now i pay them £100pm due to more expense on home life.


So I've been plodding along paying £100PM to six creditors.


The Creditors have sold five of the six debts on....

All Credit cards apart from the Yorkshire one , which was an O/D.

I've rounded the Monthly Payments up.


Halifax - Cabot - £2,900 - paying £22

Barclays - Cabot - £218 - paying £5

MBNA - Link - £1,963 - paying £19

RBS - Wescot - £1981 - paying £31

Lloyds £1,218 - £1,218 - paying £14

Yorkshire - Apex £16.53 - £9


When i've checked my Noddle and Experian , none of the above debts show up on my file ?

Is it because any Defaults i had are now spent ?


Any explanations to this please ?


I rang Cabot up yesterday for a F&F and they knocked £600 of the £2.9 straight away, they say they'll ring me back nxt week to see if i can raise the funds ??


I am looking to make them all offers and can hopefully ?? knock it in half ?? Could anyone please advise.....


We have now been advised to get second charge loan to pay off our outstanding debts , so nxt year we will be able to get on a low interest repayment plan in the future.....


Even if we get this second loan to pay all the debt off , then consolidate the loan into a low interest mortgage , Would that be possible ? After all the debt we currently have, would it all be wiped off our files nxt yr ?


I haven't CCA'd the Agencies that have bought my debts as i know it could take months with all the games they play......

the Second Charge lending company want a decision regarding their loan asap & my financial advisor says no one will touch us for the remortgage in the future if i don't clear this 10 year debt up.


Also i know the Lenders are trying to get people off the Interest Only Mortgages......


My wife is in an agreement to two creditors for around 16k in total, of which one of the accounts is in Default.


Of which one has just been sold onto Cabot.


She will F&F them too, would that do any good ?


One last point, the Lender of the offer of the second loan , was really keen on my DMP , it seemed to all boil down to a couple of missed payments in the past, i just found it strange how my wife debt agreements, default didn't seem to matter, it seemed to be all about my DMP ?


Thanks again.....


I know its very long winded and wrote a bit confusing but we really want to start paying the mortgage off as we are both in our mid 40s and want to think of the kids......



I understand that there are a host of questions here but

Any help on our situation would be greatly appreciated....


Thanks again.

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Wouldn't trust that FA as far as I could kick him

If the debts arnt showing then its none of the mortgage companies business


As for yet more secured credit to clear debts that mostly appear bogus with discounts..I wonder if he is getting a backhander on commission??


Pers I'd be restarting the CCA process


Something's not right


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