HCEO re: CCJ for unpaid car rental excess Fee following write-off

[c-Bai]

Hi all - I need a little bit of advice please.

 

I have had a Notice of Enforcement from Marstons, for just over £1100.00.

I believe my notice period ends on Monday.

 

 

The money is owed as the result of excess on car insurance after an unfortunate accident in a hire car. Insurance and the car provided by a hire car firm.

 

I have spoken to them this evening and asked them if I could set up some sort of payment arrangement to pay them, but have been told they wouldn't do that without a HCEO visiting to see what goods I have.

 

I told them about lung issues I have,

which leave me often unable to walk and/or adequately breathe,

which leaves me in a lot of pain and that it's not likely I'll get to the door.

 

 

I have two children living with me (my 16yo daughter acts as a sort of unofficial carer), and he suggested that I send them to the door to let them in.

 

BUT, is a hire agreement regulated by the Consumer Credit Act and are (as the internet seems to suggest), HCEO's not allowed to collect on these debts?

Is this accurate please or has it changed?

 

The result I want is to get to a stage where I can make regular payments (I'm happy to do that), but in this situation I fear I'm going to be at the mercy of a HCEO who will affect my health by making things difficult.

 

My health often suffers if I am up and about too much and it declines rapidly, something they are demanding of me by asking me to answer and deal with them at the door.

 

Thank you for having a place I could ask this question.

[dx100uk]

well you most certainly DONT ever let him in nor sign anything with him.

[c-Bai]

Thank you, I won't be letting anyone in.

[dx100uk]

excess claim on car insurance is not covered by the CCA.

 

 

so it can be an HCEO.

 

 

what letters have you had and their dates

[c-Bai]

It's not excess on a car insurance document though is it,

it's excess included in a hire agreement,

which is the same document they are using to enforce my payment of this money.

 

 

I thought perhaps that as this detail was included in the agreement and only in the agreement

(the only paperwork between the hirer and myself), and the agreement should be regulated by the CCA, that this should apply?

 

I have had a Notice of Enforcement, received two days ago, dated 8th February 2017 (our post can be like that).

[dx100uk]

unless the claimform says its CCA regulated its not

 

 

can you post up the poc from the claimform please

[c-Bai]

It says (my name) hired a people carrier from (Claimant), on the 27th Dec 2014.

 

Unfortunately she had an accident, and the car has been write off (sic),

(My name) was well aware that there was an excess on the vehicle of 1000 (sic) in the event of an accident where the vehicle was declared a write off.

 

We have the original signed insurance documentation.

 

We have made several attempts with no avail to get (my name) to pay the money she owes.

 

That's exactly as it's written.

 

I did try and pay them and wrote to them on numerous osccasions,

but they wanted the full amount.

I couldn't pay it.

I offered £200/month.

 

Also the document they are referring to is a hire purchase agreement, with insurance details on it, rather than an exclusive insurance document.

 

Everything I can find online suggests that to hire cars out they need to have a consumer credit license, and that the consumer credit act regulates car hire.

 

I'm just trying to understand why if that's the case, this is not covered.

[AndyOrch]

HP agreements have nothing to do with Hiring a car...and Hire Car has nothing to do with CCA1974

 

Andy

[c-Bai]

It's not Hire Purchase is it to rent a car for two days?

 

Is there anything else I can do?

[AndyOrch]

It's not Hire Purchase is it to rent a car for two days?

 

I know thats what Ive just stated

[AndyOrch]

Is there anything else I can do?

 

Take it up with the company that provided the car insurance for 2 days

[c-Bai]

Okay, sorry.

 

I'm just trying to find a way to stop this so I can deal with it within my ability and means.

 

Take it up with the company that provided the car insurance for 2 days

 

The rental company?

 

They denied my offers to pay.

[dx100uk]

who was the claimant?

[c-Bai]

A local hardware company who are running a Practical Car Hire franchise as far as I can tell.

[AndyOrch]

Why did you not defend the claim when it arrived ?

[Bailiff Advice]

Hi all - I need a little bit of advice please.

 

I have had a Notice of Enforcement from Marstons, for just over £1100.00. I believe my notice period ends on Monday.

 

The money is owed as the result of excess on car insurance after an unfortunate accident in a hire car. Insurance and the car provided by a hire car firm.

 

I have spoken to them this evening and asked them if I could set up some sort of payment arrangement to pay them, but have been told they wouldn't do that without a HCEO visiting to see what goods I have.

 

I told them about lung issues I have, which leave me often unable to walk and/or adequately breathe, which leaves me in a lot of pain and that it's not likely I'll get to the door.

 

My health often suffers if I am up and about too much and it declines rapidly, something they are demanding of me by asking me to answer and deal with them at the door.

 

Thank you for having a place I could ask this question.

 

Unfortunately, with CCJ's passed to a High Court enforcement company, it is a requirement that a payment arrangement cannot be accepted without a personal visit being made. The reason is outlined under paragraph 7.3 of the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

 

You say that you have health problems. Are you in respect of any disability benefits?

[c-Bai]

Why did you not defend the claim when it arrived ?

 

I tried, but I was ill and I did it too late.

[dx100uk]

A local hardware company who are running a Practical Car Hire franchise as far as I can tell.

 

nice to see bailiff advice pop up

 

why are they hiring cars out with inadequate insurance inplace???

 

sorry something smells here

[c-Bai]

Unfortunately, with CCJ's passed to a High Court enforcement company, it is a requirement that a payment arrangement cannot be accepted without a personal visit being made. The reason is outlined in the following Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations 2014.

 

You say that you have health problems. Are you in respect of any disability benefits?

 

No, I'm self employed, so I can work from my laptop in bed if I need to. I get in work benefit help with having children, but that's it. I'm not able to get to the pip assessments, so I have never gone through with finishing applying for it.

 

I live in the middle of nowhere, one friend local and no family. I have no support to make that happen.

 

nice to see bailiff advice pop up

 

why are they hiring cars out with inadequate insurance inplace???

 

sorry something smells here

 

Should they not be hiring out cars?

 

I don't understand, what smells?

 

I'm really worried about this, I can take a photo of that section of the claim of it helps, but I copied it word for word (except for my and their name).

 

I live in a very rural area, I'd rather not give details out is all.

[dx100uk]

http://www.the-franchise-shop.com/list/401/practical-car-amp-van-rental

 

Claimant:A local hardware company who are running a Practical Car Hire franchise :

It says (my name) hired a people carrier from (Claimant), on the 27th Dec 2014.

 

well for a start I don't like this line in the POC:

 

(My name) was well aware that there was an excess on the vehicle of 1000 (sic) in the event of an accident where the vehicle was declared a write off.

 

this claim is more than 2yrs old, why HCEO now?

....

 

you signed a rental agreement with the require clause regarding excess

 

they've taken this long..

 

too me it all smells

but you need to deal with the HCEO and BA can help with that

 

me pers..i'd be going for a set aside on the CCJ and you should get remit on the £255 fees if you are lucky and on benefits..

[Bailiff Advice]

No, I'm self employed, so I can work from my laptop in bed if I need to. I get in work benefit help with having children, but that's it. I'm not able to get to the pip assessments, so I have never gone through with finishing applying for it.

 

I live in the middle of nowhere, one friend local and no family. I have no support to make that happen.

 

What sort of payment proposal were you considering making?

 

Do you have a car parked outside of your home? If so, it is at risk if being seized. How much roughly is it worth?

[c-Bai]

I hope to strike a balance between what they want and what I can afford. It's not going to be anywhere near the £200 I offered originally, I'm much worse off now. I'm struggling with life generally if I'm honest.

 

I don't have a car, I hire them when I need one.

[ploddertom]

Do you still have the T&C of the Hire? Was the Insurance part of the Hire or as an extra? Were you offered extra Insurance in case this sort of thing happened.

[c-Bai]

Hi, yeah I still have my copy. It was a full agreement with insurance as part of that agreement in one section.

 

I wasn't offered any other insurance ever. I hired with them regularly over a number of years. Always just the same one sheet document.

[AndyOrch]

I have moved your thread to the Motor insurance Forum....I appreciate that there is a Bailiff element....but you need expert advice from our insurance guys......once you have this part sorted we can move you back to Bailiff Forum.

 

Regards

 

Andy