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    • this is a normal contract for when you forget your wallet and fuel up your car and then promise to pay them later. If you return righ5t away you dotn pay any extra and you can even demand your paperwork back from the garage as they then have no lawful reason to process it. Now is it a fair contract? well, yes and no, if you dotn have the means to pay for your fuel before you fill up then you are committing a criminal offence by doing so but as i many cases of this nature the company would rather farm all the aggro out to a third party who then screw you out of money rather than invoke the available law. So, as you werent offered the contract to consider before you fuelled up then none of it is enforceable and the petrol companies should get their heads around this rather than allow the third party just coin money out of the unfortunate or forgetful   what I fail to understand is why you didnt just pay for the fuel with the card that you were going to use to get the cash? As for the rest of your story listing your afflictions , that doesnt make any difference to a contract, if you are not capable of entering a contract you shouldnt be driving either.
    • Their Order is somewhat confusing...yes you get your set a side and they will not object.   No defence has ever been submitted so it can't stand.(unless you submitted a defence with your application ?) They then state Directions Questionnaires be issued (goes to allocation) and then the next paragraph states the claim is stayed.   Anyway the " Schedule  " is irrelevant it's the " ordered by consent " part that matters.....claim is stayed.     Typical Robbers Way     Andy    
    • Yes thanks both  Have been on the phone to a UC call centre today  to help someone in my Council ward, they said that there is NO paper based system, but if someone is blind or has a vulnerability that makes it difficult to access  then what TomTom has linked to is a way to do it.  That mythbuster link is very useful indeed. DWP are known for pushing easy options  (for them) but will help at a Jobcentre if no other way.
    • UKDomains that's a great shout, I'll open a support ticket on LBC & hopefully they can provide that information.   I've just spent 2 hours in branch, it turns out the fraud dept. never received the proof of entitlement that the branch scanned & emailed to 2 separate email addresses given. That has led to the 3 chargeback amounts, & once again the girl on the other end of the phone had "no idea" about the £685.16, & said "it must be a calculation" well that's good & vague. I have the name of the person in branch I've been dealing with (who has been great btw, & has suffered through this this with me).   Also, by sheer coincidence, she was dealing with the very same rude woman in the fraud dept. who refused to give me her name the other day, but did provide it to the lady in Branch. So now I have that in full, & her employee ID.    I did query with the woman in branch, why TSB aren't backing a customer who has proven beyond any doubt that the transaction was legitimate. Her response? "I got the strong impression when I called the Fraud  dept. on Monday, that we've already reversed the funds to Monzo Bank, this is why they want you to pay the money back into your account."   Well how stupid is that, based on what can only have been a verbal claim by Monzo's customer, this has led to TSB saying "here you go".  & then asking me to kindly underwrite their own stupidity.   I have also just received this by email:   Hi Gavin   Thank you for your note and for contacting me about the difficulties you’ve encountered with TSB.     I have passed your note on to my Head of Customer Service and asked her to ensure that either she, or one of her team, contact you as soon as possible.     Thank you once again for contacting me.     Kind regards     Debbie    Debbie Crosbie CEO, TSB         
    • Many thanks for this alternative advice tomtom   Andy
  • Our picks

    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
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      • 0 replies
gavmoulds

Barclays Partner Finance and DWF

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In short I am in arrears with my car finance. Over thirds but slightly under half. Total arrears £900. Have tried making several offers of payment which have been rejected outright. Mainly have suffered with employment but have tried to make full payments.

 

They have passed my debt to a company called DWF who have flatly refused all offers of payment and want it resolved over three months and nothing else. My father has offered to help me with some payments and they have refused that stating that they will only accept payments that I can afford.  They have demanded that the only offer they will accept is a total of £700 per month to clear the arrears. 

 

I have tried lodging formal complaints but as usual they just keep saying that they are never upheld and always fall in their favour.

 

Barclays have now terminated my agreement stating that they intend to reposess the car. ( i already know they cant do that).

 

I did take some brief advice from FOS but they wont act until the complaints have been dealt with.

 

Ive just accepted a job 17 miles away to try and get my arrears cleared and get my Finances sorted out. I am going to have to decline that offer now.

 

What the hell do I do. 

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Posted (edited)

If you have definitely paid over a third, the car is now 'protected goods' under the Consumer Credit Act 1974.

 

Don't decline that job offer. Barclays' need a ROG (return of goods order) before they can recover the car from you - they takes MONTHS to get through the court.

 

You should just tell them you have a new (hopefully secure) job, if you have any spare money now from you/dad put it to one side to pay the arrears. As from what you say it sounds like they are refusing payment? (very odd) Then when you start your new job, offer DWF/Barclays what is affordable each month.


If it comes to the ROG and you are summoned, you could also look into applying for a Time Order (read below) setting out what you can pay.

 

https://www.nationaldebtline.org/EW/factsheets/Pages/time-order-hp/hire-purchase-and-conditional-sale.aspx

Edited by Sparxeh

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I appreciate your reply but the 'goods' are not protected as the agreement has been terminated and as such the protection does not apply.

 

But thanks for your addvice re the time order.

 

Should I start that now or wait until the court are involved.

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The agreement being 'terminated' doesn't mean you lose your protected goods rights - what makes you think that?

 

That simply means the account has now been registered as 'defaulted' and will be a big fat red marker on your credit file. It doesn't mean you don't have protected rights to the vehicle.

 

You can apply for a time order before or during a court order action, personally I would wait to see if Barclays initiate a court order first (ROG) then put your application in if needed for a time order - if you're comfortably able to demonstrate you can pay, and do pay or you're just going to incur more costs for yourself otherwise.

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Posted (edited)

Hi All,

 

Prob been asked a million times but My search is too wide ranging.

 

BPF Terminated my agreement. I am in the position where they will need a return of goods order which I think will be requested by DWF.

 

1. will I be notified of the ROG.

2. Can I defend it.

 

I cannot get alternative Finance and I really need to get to work. No public transport avaialble.

Edited by gavmoulds
spelling

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threads merged please keep to one topic pers issue.

 

the claimant would be BPF

but they will still have to abide by the pre action protocol.

so what letters have you had indicating their intensions since march 18th

have you started the time order to head them off at the pass?

 

dx

 


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No paperwork at all. And I don't even know about a time order.

 

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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

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