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    • Thanks BN. I should add, that any Bailiff action is, to my mind unconscionable, and the point should have been raised by the Master IMO. As usual our problem will not be, what the amendment says.  But more, what some EA will imply it says, on the doorstep.    
    • Yes agree UB it will be unworkable in practice, the issue being that some EA will regard the Virtual CGA as allowing them to physically force entry later if payment not forthcoming.  Or like some bailiffs used to try to imply that phone call a desperate debtor makes at Compliance stage is in effect a Virtual CGA when itn is nothing of the sort. Rule 1 it is known some  bailiffs Lie. Rule 2 Treat all bailiffs as liars until they prove they are not.
    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Recommended Posts

I am looking for advice on Car HP debt during the Coronavirus crisis.

 

I isolated in March 2020 as things were starting to impact as no work and went behind a month on car finance.

Sent the company an email to ask for corona payment holiday but heard nothing back.

Still tried to make payments as and when I could.

 

Received a phone call last night from a recovery company seeking possession but first I have heard of it.

Phoned company straight away and spoke to the most unhelpful person ever.

 

He informed me that I had defaulted and they wanted the vehicle back.

I told them I have received no mail whatsoever but he was adamant that as long as they had sent it that was proof I had received it.

He also stated that they only need to apply to the Court as I defaulted and they could repossess the car without me being allowed to defend myself.

 

The original finance was for £17000 and I still owe £2700 in total.

I cannot believe during this crisis companies can be so confident that the Courts will take their side without no defence.

 

I have double checked and I have received nothing from them for 9 months .

I have only just started using my phone again as I thought we were coming out of the crisis only to be put straight back in.

I found the phone calls to be very threatening.

 

Any advice welcome.   

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Please can you not post your story in a solid block of text. It makes it very difficult to read – especially for people using smaller screens or telephones.

We can help you but you need to present your story in a readable way. Thank you

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done

 

please name names too.

 

iyou have paid more than 1/3rd so under the consumer credit act - HP agreement rules  - the car is deemed protected goods and they cannot simply grab the car without raising a return of goods order through a county court, of which you will be informed and WILL be able to defend, it is NOT simply a rubberstamped exercise they claim.

 

which is why you should NEVER EVER ring anyone.

they will LIE as they have.

 

as for the guy with a flatbed...they are NOT bailiffs and have ZERO legal powers to take the car without your express permission, which you do NOT give.

 

HOWEVER, do NOT leave you car on the public highway. when not is use, park it on your drive...Private Property.

though should they take the car from the public highway, you will entitled to SUE THEM for all your payments back as well as the car FOC.

as they would have voided the consumer credit act they signed with you. 

 

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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i see you are already well vested in all the above so am a wee bit puzzled why you immediately picked the phone up and not followed you already successful route before in dealing with??

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

Thank you,  To be honest its been such a bad year and only just started using my mobile again as I let someone use it as its on contract and we just isolated after losing

 

someone very close in June. When I answered the phone it totally through me and when I phoned the company Moneyway, the guy I spoke to was not listening at all

 

and had an attitude that if they send a letter out to someone, a Court accept that as proof I received it even though I had not.

 

It just caught me by surprise that he could just make an application to the court and they would rubber stamp it with me not being able to represent a defence.

 

He also said they do not respond to emails which also made me doubt myself as the easier way of proving you sent something is by email?

 

I have still been attempting to keep track of payments and the fact there is little left to pay against percentage paid that I had no confidence as I was being spoken to too

 

in such a threatening tone and way. All what you have stated has restored my confidence in help that is out there and can only say a big thank you.

 

I will wait to see what paper work arrives and then post an update. Whilst typing this the recovery company has texted me to see if I contacted Moneyway and I

 

replied I did. The text back says "No problem, as we've provided all the options available and your aware of them I'll ask them to continue with the action and await further instruction."

 

What a piece of work he is? All he said yesterday was do I want to hand the keys back and I should contact Moneyway. 

 

Should I still keep paying the same way I have been doing during this coronavirus?   

 

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moneyway and angliaUK? (i bet) pull this stunt all the time.

text the repo guy back stating :

 

as i have paid over 1/3rd of the agreement, under CCA 1974, the car is deemed protected goods, your client has no legal right without my consent to a voluntary surrender, which i will not agree to, to take the car. They/you require a return of goods order from a county court to remove it, which should your client apply for will be dealt with via a time order. Please be clear that should you repo the car without one,  this will void the HP agreement and i will sue for the return of all my payments and the car or equivalent monetary value under the consumer credit act regulations.

 

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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they are very well known to us.

 

use our search top right

moneyway.

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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