car cash point LBL - Burlington/Marstons wants car _ Live in NI

[Melissa2574]

Can I also ask do I not have protection under the consumer credit act 1974 in some way as even though it is a fixed loan agreement it is still regulated under them. 
sorry If I am sounding stupid

[dx100uk]

It has protection s yes - but as yours is not hp but a pers loan, the 1\3rd bit does not apply. The rest does.

 

did you get ahold of step change ni so you have breathing space for things to be investigated.

[Melissa2574]

I already am just started a debt management discussions with payplan to try and get my finances on track.

 

The problem being rightly or wrongly I did not make them aware of this loan as I knew the amount they offer other creditors is too little and I was concerned I would lose my car which is why I felt a repayment plan directly with CCP was best.

 

I now am panicking about approaching payplan on Monday to tell them this. The amount they will offer CCP will certainly not be enough to appease them. 

 

As part of my letter of complaint to CCP I stated I have entered discussions with payplan for a debt management plan and can provide you with a reference number going forward.

 

Under the CCTA you must allow me 30 days for them to contact you with repayment proposals as you have failed to accept mine.

[dx100uk]

The sad fact is its far better to never involve dmp providers as they do nothing to check if you actually do owe any of your creditors anything esp if the debt is very old or with a DCA.

 

but for the minute needs must you can always cancel it.

 

let things run for now till we have the sar return and results of the complaint.

[Melissa2574]

So should I speak to payplan on Monday and have them contact them or am I best to let things sit as they are for now until CCP come back to the complaint as I at least should have until 31st January or am I thinking completely wrong?

[dx100uk]

it looks that way too to me.

i don't think you are in any danger of the car being snatch until it been addressed by them as well.

just don't do anything silly like leave it overnight on the public highway just to be safe.

[Melissa2574]

Thanks I appreciate you both helping me out. It’s daunting. I will be keeping it on private property when I’m not driving it. 

[theoldrouge]

Yes you are going to have to put payplan in the picture 

Agree with dx that they are unlikely to try anything then whilst the matter is being addressed 

On the bright side here is an outcome of a complaint to the fos that may interest you https://www.financial-ombudsman.org.uk/decisions-case-studies/case-studies/my-lender-has-said-itll-take-my-car-because-i-cant-afford-to-repay-my-logbook-loan

[Melissa2574]

Thanks TOR.

 

Funnily enough I came across that very complaint last night whilst browsing.

I have no doubt that I have a good case for ombudsman.

 

If I was continuing paying this by the time I finish I will have paid 8600 or thereabouts for a loan of 2000.

Absolutely shocking.

 

I know for the most part it is made clear at the start but I was desperate.

My weekly payment is 50 and last week I offered 150 per week as my bf was going to try help me.

 

I told them in the complaint that 150 was not even affordable to me but to try and clear the loan ASAP I was getting other help. They rejected 150 per week which is shocking also. 

[Melissa2574]

Hi all, I have received final response letter from CCP now. Should I attempt to upload here? 

[dx100uk]

Would help

[Melissa2574]

I’m at work and having trouble converting this to a pdf

. I feel stressed to my eyeballs now with this

. Really don’t know where to turn next

 

 

 

Hopefully this works ok

complaint reply letter.pdf

[dx100uk]

Well they cant charge £300 recovery costs

If they jumped to soon and owe that to burs thats their tough luck!

 

its very revealing they have removed more than 50% of the debt

shows you how much else its inflated by unlawful fees.

 

can you borrow £1500 from family? Might be better to kill it dead.

else i think its time order time but that will be for the whole sum and then argue / sar for these fees.

 

sEE what @theoldrougetheoldr says

[Melissa2574]

I don’t think I can borrow that money from anyone unfortunately. They have ignored so much of my complaint. 
what about the fact they won’t give me 30 days due to debt management involvement and also what about the fact no repossessions until 31st January and they have ignored other points on my complaint also. 
I feel so backed into a corner now with no way out unfortunately

[dx100uk]

They haven't said about those as they are making you an offer, if you accept, they don't need to address them. Wheres the rest of page 1? Bottom missing?

 

Its also worth y to note they havent said what they propose to do they simply want you to reply  so stop panicking ..

 

in effect all the have done is admit the debt is 50% greater than what it should be. And as we normally find thats not all they should be removing.

 

Dx

 

 

 

[Melissa2574]

Thanks DX 

 

(merged to letter pdf 12:37 - dx)

 

[dx100uk]

That change s nothing good.

 

This sar is going to be revealing.

[Melissa2574]

What could the SAR throw up? I wasn’t sure of the relevance of it. Sorry I just didn’t understand it much

[dx100uk]

read what you sent sar...they must disclose everything they hold relating to your personal information and dealings with you.

that means ALL the statements, all documents and the manual intervention log ( their account notes) 

 

just imagine if it shows they acted wrongly against regulations...or heaven for bids...£100's of £'s more of unlawful fees they are not entitled too, like what they have already tried on...the unlawfully £300 repo fee...

 

if you bite our carrot we'll still scam you!

wake up at the back please...

 

its also why they have not said what they might do if you don't bite the carrott...  they want to see if you'll bite then you'll never find out.

 

we will respond but in our own time to them.

 

dx

 

[Melissa2574]

I was going to go back to them tomorrow and ask them to explain why they have ignored almost all of the points I have made to them. I was also going to advise that I cannot be expected to raise 1800 in 2 days and that Surely that is going against all the ethics they should be promoting as part of CCTA and FCA. Also they say they cannot hold my account due to debt management company as it has already been escalated. Surely that’s nonsense also. 
 

I also made a complaint re the enforcement officer who initially contacted me. I will put up a copy of my complaint to them and their reply. 

 

 

burlington comms.pdf

[dx100uk]

they weren't enforcement officer, they were a powerless DCA.

 

the point of only getting 2 days to raise £1500 (not £1800 the £300 repo fee is an unlawful penalty) is one we shall use.

BUT!!!.......

you can't call the kettle back , you've had more then 12mts to sort this out, you haven't, so the other points are pretty much irrelevant, it works both ways .

 

your reply has got to be very very carefully worded in most certainly wont be tonight nor tomorrow you should answer poss by friday, you rush back with a poor reply you play right into their games. don't!!

 

[Melissa2574]

How do I know what to reply though and how to get it right. 

I may have had 12 months to sort it but I simply have not been able to afford to keep it up.

In December I had high hopes but circumstances completely out of my control at that time meant rightly or wrongly my bank account was not on my mind.

 

Bear in mind I have taken out 2000 and paid back 4700 or thereabouts.

So it certainly isn’t the case that I never ever paid them or tried to run away.  

I have made substantial payments throughout these couple of years. 

[dx100uk]

You might not owe anything....

 

as i said we'll help with the reply

slow down

[fightingthefight]

I don't mean to pipe in,, but surely, regardless of what instructions they're acting under, the dca is still bound by the fca's rules? 

[Melissa2574]

I felt that also to be honest.

They can’t just decide to say what they like?

 

Surely if both bound by FCA rules they have to abide by them re no repossessions.

How can they say they don’t?

You will see the DCA saying it is incorrect about no repossessions but what they are saying is completely wrong