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    • Hello, yesterday Barclays Bank put my account under review suddenly just i received a message about that to wait 7 days . I ve been to local branch and they didn't tell me any information saying to me to wait 14 days . The problem is I think they will take longer than they said and I can't wait so much cause I need the money for my own company and to live life daily. This situation its caused me a sever anxiety, I dont know what to do . I can prove that I m a self employed . Can somebody tell me what should I do ?  Some contact numbers or email addresses where can I text about this problem? I m new on this platform and I dont know how to manage this . Thank you
    • Hello yesterday Barclays Bank blocked my account with a substantial amount and I didnt get any reason for this issue why they put my account under review. I m a self employed and all the money blocked are very important to me to open my own company .. Can I get some information about what should I do in this case.  I ve been to the local branch but they didn't give me any information just to wait 14 days and I can t do that .
    • harveys are not the creditor, so them stating you should continue to make payments and you will not receive your payments back is immaterial.   the administrators of harveys are not your target. creation finance are.     these issues should be directed toward creation under p'haps a section 75 claim ....as they are the creditor ...they are equally responsible for the actions or inactions of either harveys or bensons.   we can appreciate you have had the usual run around, we are not indicating you have lied, merely pointing to the fact that you innocently believed what you have been told to date.   go get your moneyback and get the finance agreement cancelled.   dx 
    • you've not moved so until or unless you get a letter of claim via royal mail you ignore them.   as for anything on your credit file it should fall off after 6yrs.   dx    
    • 1st. it is not illegal for you, as the home owner, to open letters addressed to 'others' not resident at your address.   2nd because you did or did not employ the above, ultimately, this has led to a court judgement being handed down. the bailiff company have employed, quite rightly,  the methods that are legally available to them to trace the defendant.   rightly or wrongly they have traced you.   you need to write to the bailiff company concerned briefly explaining the above stating you are not the said person. you also need to write to the judgement court the same. you also need to write to the relevant rail toc    never use the phone.   dx      
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Hi All,

 

I have just received a large tax bill and i need to free up some finances to make a payment arrangement with the beloved HMRC

 

my Hire Purchase Agreement was started in January 2015 on a 42 month agreement and i did opt for the GAP policy.

 

 

can you please confirm if i can Voluntary Terminate the agreement and if so how.

 

 

i did have arrears but these have been cleared and everything is now up to date.

 

Thanks in advance.

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Its not my area but i think you need to have paid at least 50% of the agreement before you can VT.

If you have paid 23/24 months of a 42 month agreement then you should be over that hurdle.

If you search for voluntary termination in the red cag search bar, yiu will find much mire already provided advice in similar threads.

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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 , your attachment to the car has been terminated.

.

although dependant on the way your agreement is written, they can charge excess mileage

.

this has been accepted at county court 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...

..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks DX100UK.

 

I have modified the letter and will post today.

 

could you or another confirm the following points please.,

 

1: Will i have to pay the next instalment due mid February

 

2: As i paid for the GAP insurance will any refund be due?

 

 

Thanks

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1. you still have to pay upto 50% if you haven't met that yet?

 

 

2. I bet they say nowt, but if it was missold reclaim it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh ps

don't modify that letter to much!

its in a prescribed format [re its words] as it has to be under the CCA Act.

you just fill in the 'blanks'

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh ps

don't modify that letter to much!

its in a prescribed format [re its words] as it has to be under the CCA Act.

you just fill in the 'blanks'

 

Blanks only amended :)

 

Thanks for your help

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  • 2 weeks later...

i have received a response today by email, (only posted the letter on Friday).

 

edited response below.

could you please advise if what they are saying is correct?

 

"Please read the full contents of this email carefully.

 

Further to your recent enquiry regarding the voluntary termination of your above numbered agreement, please find below important information outlining the required arrangements.

 

Upon termination of the above agreement you will need to pay:

 

1. The outstanding arrears on your account

(applicable if already paid 50% of the total amount payable) = 」0

 

2. At least one half of the total amount payable as stated on your Hire Purchase Agreement.

This sum takes into account payments you have already paid,

any deposit you paid at the start of the agreement and any arrears not shown in (1) above = 」0

 

3. Any outstanding collection charges = 」0

 

The total you will need to pay under this section is 」0

 

If you purchased any insurance products,

other than GAP insurance,

at the same time as your motor finance and they have not already expired,

they will be cancelled upon termination and a pro-rata refund will be applied to your account.

 

In the case of GAP insurance the policy will be cancelled upon the termination of the agreement and a pro-rata refund will be applied, which will mean that no further sums will be payable (other than arrears) in respect of the policy.

 

Any other outstanding sums (e.g. payments for expired policies and/or any overdue installments) will remain payable under the terms of your insurance agreement.

 

In order to settle the insurance element of your agreement and claim any rebate to which you are entitled, you need to pay the amount set out below.

 

 

This will also ensure that you have no further liability under the insurance element of the contract.

 

The amount required to do this is 」xxx.xx

Less Rebate 」xxx.xx

 

Total amount payable under this section 」XX.XX (i owe them apparently)

 

 

Condition of Goods

 

The goods must be returned in a condition commensurate with their age and mileage, both mechanically and cosmetically.

 

 

Should the goods not be in this condition when returned you will be required to pay to us the amount required to return the goods to such condition.

 

 

This amount will be in addition to any sums detailed above (please refer to the terms and conditions of your Hire Purchase Agreement).

 

Our definition of good repair and condition is that the vehicle must:

 

Require minimal refurbishment to be ready for resale

 

Have a current MOT certificate or require little or no work for the issue of a new certificate

 

Be free from mechanical or body damage

 

Be in its original paintwork, trim and specification (as at the time of purchase)

 

If you are in any doubt as to the condition of the vehicle, you may choose to obtain an independant report from an organisation such as the RAC or AA to confirm the above.

 

The goods must be returned to us within 21 days of this email to complete the Voluntary Termination.

 

In order to obtain details of our nearest agent to you please contact us on 01472 586360.

 

Alternatively, we can arrange for the goods to be collected from your address.

 

 

An upfront fee of 」80.00 will be payable for this.

 

We look forward to hearing from you."

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i have received a response today by email, (only posted the letter on Friday).

 

edited response below.

could you please advise if what they are saying is correct?

 

"Please read the full contents of this email carefully.

 

Further to your recent enquiry regarding the voluntary termination of your above numbered agreement, please find below important information outlining the required arrangements.

 

Upon termination of the above agreement you will need to pay:

 

1. The outstanding arrears on your account

(applicable if already paid 50% of the total amount payable) = 」0 rubbish no you dont

2. At least one half of the total amount payable as stated on your Hire Purchase Agreement.

This sum takes into account payments you have already paid,

any deposit you paid at the start of the agreement and any arrears not shown in (1) above = 」0 whats this?

3. Any outstanding collection charges = 」0

The total you will need to pay under this section is 」0

 

If you purchased any insurance products,

other than GAP insurance,

at the same time as your motor finance and they have not already expired,

they will be cancelled upon termination and a pro-rata refund will be applied to your account.

 

In the case of GAP insurance the policy will be cancelled upon the termination of the agreement and a pro-rata refund will be applied, which will mean that no further sums will be payable (other than arrears) in respect of the policy. they cant charge arrears as it was probably mis sold anyway!!

Any other outstanding sums (e.g. payments for expired policies and/or any overdue installments) will remain payable under the terms of your insurance agreement. they cant charge arrears as it was probably mis sold anyway!!

 

 

In order to settle the insurance element of your agreement and claim any rebate to which you are entitled, you need to pay the amount set out below. they cant charge arrears as it was probably mis sold anyway!!

 

This will also ensure that you have no further liability under the insurance element of the contract.

 

The amount required to do this is 」xxx.xx show these

Less Rebate 」xxx.xx show these

 

Total amount payable under this section 」XX.XX (i owe them apparently) show these

 

 

Condition of Goods

 

The goods must be returned in a condition commensurate with their age and mileage, both mechanically and cosmetically.

 

 

Should the goods not be in this condition when returned you will be required to pay to us the amount required to return the goods to such condition. debateable

 

This amount will be in addition to any sums detailed above (please refer to the terms and conditions of your Hire Purchase Agreement). rubbish!!

Our definition of good repair and condition is that the vehicle must:

 

Require minimal refurbishment to be ready for resale rubbish!!

 

Have a current MOT certificate or require little or no work for the issue of a new certificate rubbish!!

 

Be free from mechanical or body damage rubbish!!

 

Be in its original paintwork, trim and specification (as at the time of purchase) rubbish!!

 

If you are in any doubt as to the condition of the vehicle, you may choose to obtain an independant report from an organisation such as the RAC or AA to confirm the above. rubbish!!

 

The goods must be returned to us within 21 days of this email to complete the Voluntary Termination. rubbish!!

 

In order to obtain details of our nearest agent to you please contact us on 01472 586360. no thats their problem dont ring them

 

Alternatively, we can arrange for the goods to be collected from your address. nice of them!!

 

An upfront fee of 」80.00 will be payable for this. rubbish!!

 

We look forward to hearing from you."

 

 

ruddy fleecers!!

 

 

can you explain or fill in what 」0

IS

 

..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ruddy fleecers!!

 

 

can you explain or fill in what 」0

IS

 

..

Hi DX thanks for your reply explanations below:

 

_|0 = £0

 

283.32

267.58

15.74 is what I am supposed to owe them.

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Usual garbage from advantage

 

"Our definition of good repair " laughable

 

Statute prevails over adv definition

 

Car must only be in condition commensurate with its age

 

You only need to travel a short reasonable distance to return the car

 

defined by trading standards as the distance you travelled to purchase the car

 

They cannot charge for collection

 

You!!!! Terminate the agreement in 14 days not them

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks theoldrouge.

 

I need to respond, can someone help put it together.

 

 

Also how can they accept I owe nothing then tell me I owe them £15.... or am I being thick..

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who says you need to respond?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you don't owe them any money

so what insurances did you take out?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I think advantage need a reminder of

their obligations

 

Busy today will give you a few ideas

tommorrow

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I would suggest something along the following lines

 

I acknowledge receipt of your email dated..........the content of which has been noted

 

As an established Finance Company regulated by the Financial Conduct Authority, you will be well aware

that statue overrides any terms,conditions or definitions of vehicle condition, set by Advantage Finance

 

I refer to my letter dated......,sent under s99cca1974, informing you that my agreement number.......with yourselves

WILL terminate on.......

following which I will inform the dvla that you are solely responsible for the vehicle.

 

I therefore require you to inform me by return ,in writing, of a suitable local address where I can return your vehicle.

 

I would reiterate that statute decrees that this must be a short reasonable distance from my home address.

Trading Standards have advised me that this would approximate to the distance that I travelled to purchase the vehicle, in this instance .....miles.

 

Should you be unable to provide a suitable location, you may collect the vehicle from my home address.

Once again Statute decrees that you cannot charge for this service.

 

I consider that the vehicle is in a reasonable condition commensurate with its age and mileage

as set out in s100(4)cca1974.

 

In regards to the GAP insurance, I now consider that I was missold this insurance at the outset of this agreement ,

 

and I will be forwarding you a Formal Complaint in this matter following the termination of the agreement.

 

I trust that this fully clarifies my position, and I look forward to your early positive response

 

Yours etc..

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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