Jump to content


  • Tweets

  • Posts

    • Ok this is weird. I have had an email from icl to make a claim on any loans that I have taken out due to irresponsible lending and yet the7 have sold it on. What should I do?
    • Thanks for the welcome Andyorch   dx100uk - I have had 2 previous addresses since coming back to the UK.   Does this mean I should not ignore?   
    • I would be inclined to rip their WS apart. That way, I doubt that VCS would wish to proceed to Court.  In paragraph 5 VCS claim they have full compliance with their Code of Practice for Private Enforcement and Private Land. Really? Can this be the same VCS that was issuing PCNs between 2013 and 2017 knowing that the signage there had not been agreed by Liverpool council and therefore the signage was illegal. Here is an open letter from the Parking Prank   Tuesday, 19 November 2013 An open letter to Simon Renshaw Smith of VCS parking regarding Liverpool John Lennon Airport   19/11/2013 Dear Mr Renshaw Smith,   I wish to draw your attention to the procedural impropriety in your operational activities on the approach roads within Liverpool John Lennon Airport.   You are actively operating under contract to issue civil penalty tickets (PCN’s) for traffic offences on the roads such as stopping at the roadside, whether for seconds, minutes or even longer, or for parking on the roadside verges.   You are doing so based on an allegation of contractual agreement for a breach of parking conditions and are actively sending out a notice to keeper in each case where you ask for the name and address of the driver. You are doing this under the provisions of the Protection of Freedoms Act 2012.   As you are no doubt aware, due to your many years of experience in emptying people’s wallets, where land is governed by byelaws the remedy for any breach of conditions of those byelaws is through the criminal courts, such as a magistrates.   Not only that, since the byelaws set an amount of penalty for failure to comply with them; a further amount based on your own assessment is unlawful at best and perhaps even fraudulent.   A set of the byelaws for the Liverpool Airport have now been obtained from a reliable source, Liverpool City Council,  which sets out the airport’s stance on roadway use, or misuse. It also lays down a penalty upon summary conviction for a breach of the byelaws of £5 for the 1st offence and a further amount of 40 shillings for a continued daily breach.   I put it to you that these byelaws govern the airport’s penalty regime for the alleged contraventions you are enforcing. In fact there is no penalty for stopping at the roadside. There is no offence committed so there can be no penalty unless it can be proven in a magistrate’s court that this action amounted to a failure under para 14: “Driving or placing a vehicle carelessly or dangerously or without due consideration for persons using the airport”   Para 18 gives notice that a “failure by the driver of a vehicle to comply with any direction for the regulation of traffic given by a constable or any person acting on behalf of the council or a traffic sign” will be subject to the penalty regime of the aforementioned £5 plus 40 shillings per day afterwards.   The mention of the traffic signs and the council's part in the overall monitoring means that the signs must be compliant to the TSRGD which are those shown for the public highways; not the ones arbitrarily stuck at the roadside by yourself which are meaningless in the context of the legal status of the byelaws.   Furthermore, POFA 2012 3(1)(c) states that Schedule 4 only applies on land on which the parking of a vehicle is not subject to a statutory control. It further states (3)For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.   The byelaws state at para 2.19 that the following act is prohibited. The penalty for this is a fine not exceeding five pounds.   POFA 2012 therefore does not apply, and you may therefore only pursue the driver and not the registered keeper. Moreover, you may only pursue them for the sum of five pounds.   Knowingly pursuing the registered keeper when POFA 2012 is an offence which the DVLA take extremely seriously and may ban you from access. The BPA wrote to you in their electronic newsletter this month reiterating this.   I put it to you, Mr Renshaw Smith, that your company is operating unlawfully at the Liverpool Airport site and ask what you intend to do since this has now been brought to your notice.   May I remind you that since this is an unlawful operation, you may well be required at some later time to recompense the amounts of the PCN’s already paid by drivers, and perhaps face tough questions in a court of law, not just a civil court.           Happy Stopping Briefly At the Roadside   The Parking Prankster   The Prankster would like to thank his source for the above   I am sure that you will find other examples of VCS not complying with Code of Conduct or the Law.   And of course VCS do not have the ability to take you to Court because you were a trespasser and only the land owner can take a trespasser to Court.          
    • Yes ...you have it confirmed by the court above that they requested a copy of the Order/Consent on the 2/08/2019....and then requested judgment on 21/08/2019 .
    • blimey J&P   I wonder how many more solicitor firms UAE creditors will try and use as a cheaper alternative to IRDWW and their cohorts that appear to have cost them £1000's in fees for nothing in return.   if this is not a letter of claim  pers i'd ignore them unless you have previous UK addresses since coming to the UK?
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 253 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi All,

 

I am looking for some help, my husband has recently passed his driving test but only has an automatic licence and we are in the process of changing our car. We have already been accepted for finance for a new car with another company with better rates.

 

We took out HP finance with Advantage Finance in July 2016, the agreement was for 54 months. If my calculations are correct we have made 29 payments back which is over the 50% they state you need to pay before you can proceed with a VT. I have sent an email and letter to inform them I was to terminated with immediate effect and I am awaiting their reply. (I have attached a copy of the letter/email sent)

 

I have never been in this situation before and want to know what my next steps should be? I have never been in arrears with them, never missed a payment or been late with a payment.

 

I just made a payment for the car on the 26th January 2019 (this would have been payment 29), should I still make my payment in February on should I cancel my direct debit?

 

I have been reading quite a few threads lately on dealing with Advantage when proceeding with a VT and I am petrified they try and charge us extra for scratches etc. that were already on the car when we originally purchased it. I will take lots of photos before it goes back, I have had it professionally valeted and washed also.

 

Any help is much appreciated.

Share this post


Link to post
Share on other sites

well they cant charge you anything more

inc any bogus charges for collection either.

 

as per what you have read I expect make SURE you take extensive photos of everything to do with the car.

 

inside body panels

underneath on a selfie stick.

video is good too.

 

they will try and get you on dings and dents and scratches they always do.

 

but fair wear n tear overrides their silly games.

 

did you send our VT letter?

cant see any attachments [read upload use PDF only]


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

sorry don't think it uploaded property, I have sent an email and a letter in the post.

 

Here is a copy of the content included in both:

 

Dear Sir or Madam,

 

Re: Termination of hire-purchase agreement pursuant to section 99 of the Consumer Credit Act 1974 (“CCA 1974”)

 

I am writing to inform you that I am exercising my right to terminate the above hire-purchase agreement with immediate effect in accordance with Section 99 of the CCA 1974. You will be aware that I have to date paid 29 instalments totalling £5083.41 which exceeds more than half the total price payable under the agreement. Accordingly, I calculate that there are no further instalments to be paid.

 

I have also inspected the vehicle and I am of the opinion that it is in a reasonable condition given its age whilst accounting for fair wear and tear. Photographic evidence has been taken in the event of any future dispute as to the state of the vehicle.

 

Finally, I would remind you that as a consequence of terminating the agreement under Section 99 of the CCA 1974 and having met the relevant criteria under S.100(1) of the CCA 1974, my liability is limited to one half of the total price payable. Any additional costs, expenses, compensation or otherwise relating to a breach of the agreement are irrecoverable. The vehicle is available to collect and arrangements should be made at your own cost.

 

I am prepared to deliver the vehicle to a local auction site at my own expense, no more than a short reasonable distance from my registered address. If, however, you prefer the vehicle to be delivered elsewhere, then I will require an undertaking from you agreeing to pay my reasonable costs and expenses prior to it being delivered to your preferred location.

 

I would appreciate if you could contact me on xxxxxxxxxxx at your earliest convenience to discuss the next steps.

 

Yours faithfully,

Share this post


Link to post
Share on other sites

:thumb::thumb:

 

pers I wouldn't have put the last line

writing only!!


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

I am still waiting on them replying to me, do you think it is safe to cancel the direct debit I have in place with them or should I wait till they respond?

 

I have just had confirmation from our new finance company that everything has been finalised on the new car, the last thing I want is to be paying out for 2 cars at the end of February

Share this post


Link to post
Share on other sites

even if you've not paid the 50% you can send the remainder later

pers i'd cancel the DD.

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

I'm positive I have paid the 50%

 

Original finance agreement = £9640.66

Entitled to return the goods once 50% paid = £4820.33 (this is the figure in my agreement)

Based on my calculations paid to date = £5083.41

 

I never took out any extras (insurance or GAP) with them so I'm hopeful that there is nothing left to pay. I did take GAP with Arnold Clark so will need to look into cancelling that.

 

One thing that has popped into my head is that I have not had the car serviced, I have never had the service light come on to tell me that it is due (it's probably not far off due). Is it worthwhile getting the car serviced before handing it over? I'd really rather not have to spend money on it if I'm giving it back but again don't want to end up with a massive bill

Share this post


Link to post
Share on other sites

they cant charge you anything..

 

looks like they owe you.

 

no if you'll ever see that is another matter!!


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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

spreadsheets 

 

Share this post


Link to post
Share on other sites

Thanks for your help, I'll not put it through a service!

 

Will await Advantage Finance reply to my email and letter

Share this post


Link to post
Share on other sites
looks like they owe you.

 

Even if 99% of the agreement had been paid, the finance company still wouldn't owe anything after a VT.

Share this post


Link to post
Share on other sites

I'm not looking to get anything back

 

I just want to make sure that I don't need to make any further payments so I am not paying for 2 cars at the end of February

Share this post


Link to post
Share on other sites
Even if 99% of the agreement had been paid, the finance company still wouldn't owe anything after a VT.

 

Hes talking about charges/PPI etc or whatever they like to charge.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
I'm not looking to get anything back

 

I just want to make sure that I don't need to make any further payments so I am not paying for 2 cars at the end of February

 

That depends which date you officially terminate the agreement. You may be charged for the full month or a pro-rata payment.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...