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Volvo Contract Services/Santander/DWF - Car HP Agreement - letter of Claim - handed car back Nov 2020 - also DWF sent someone else's paperwork..


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Hi,

 

I received a letter today from a debt collection law firm threatening CCJ action on behalf of Volvo/Santander for a voluntary termination of a vehicle. (I did request Volvo/Santander that a complaints procedure be started as I think the terms of the contract were miss sold but alas, they ignored me and went straight to CCJ action via a debt collection law firm!).

 

I digress, the letter was addressed to me, it included my original signed contract, but, there was another document inside. This document was another hire contract with some other person details on it!

 

It includes:

 

  • Their full name
  • Their address and postcode
  • Their handwritten signature
  • Their email address
  • Their mobile telephone number
  • Their debt amount
  • Their vehicle registration 

 

Is this a breach of the data protection act? On the flip side, my details could be in the hands of someone else, who knows? 

 

What should I do now, is this a trump card that I could use if this matter does actually go to court?

 I did intend to argue against this debt in the first place.

 

Any advice on this would be most grateful!

 

TIA 

 

 

 

 

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i wouldn't worry about the other persons data

thats a 2nd string for later.

 

you need to deal with this threat. whatever it is...

tell us the story and name names with dates and times etc.

 

they cant threaten you with a CCJ to VT a vehicle, you probably mean a return of goods order.?

 

do you still have the vehicle? i will gather so and you are behind with the finance agreement, with Santander, is this an hP agreement or a personal loan whereby the car is specifically mentioned please.

 

i will guess its just a std DCA (who) on behalf of their client (santander?) threat-o-gram whereby they haen't a clue what they are doing but think it's the right one to send..

 

only the OWNER of any debt can do court, and if its vehicle finance via HP/per loan whereby you've paid more than 1/3rd, there is stuff and all anyone can do without a return of goods order as under the Consumer credit Act, the vehicle becomes protected goods past 1/3rd paid

 

spill the beans

 

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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Hi dx,

 

Thanks for the quick reply!

 

Unfortunately the history is a tad complex but I'll give it a shot:

 

I originally had a PCP contract on a Volvo. The PCP was coming to an end so I went to renew for a new car. When I went for this, unbeknown to me, my credit rating had slipped so I was declined. In a panic, as I was going to be without wheels for work, the salesman asked if anybody would be willing to take the finance out on my behalf. 

 

Again, in a panic, I asked my brother to and he did not hesitate to take the finance. At the time of the sale, the contract was changed to a  PCH. It wasn't really explained at the time,  what this implied. I suppose it was naïve on my part not to look into this further but it seemed like a rush job at the showroom. He just wanted the sale in other words and brushed past all the details... sign here....sign there etc. 

 

Fast forward to COVID and I loose my job. Cant afford the payments. Only had the car a year or so. I ring up to explain this and they tell me of course.....but.......we (Volvo Contract Services/Santander) want £5,000 for early termination. I was gobsmacked. 

 

I told them there's no way I can pay that; I don't have a job. Not interested. I look into this further and there's FCA advice regarding miss selling of car finance and a lot of what is on that subject applies to my situation. I thought I could ask Volvo/Santander for their complaints procedure before I contact the FCA. I emailed them this request.

 

Next thing I know I get this letter through my front door today from DWF Law LLP (Manchester) saying that I have 30 days to cough up or else they will issue County Court proceedings. Of course the letters cover page with the actual threat is a mixture of my details and this other persons details and their agreement stapled to it.

 

As far as I'm aware though, a PCH isn't regulated by the CCA?

 

What do you reckon? 

 

Sorry, just to be clear; I handed the car back in November time.

Edited by mark12
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  • dx100uk changed the title to Volvo Contract Services/Santander/DWF - PCH Car Lease - Court threat-o-gram - handed car back Nov 2020 - also DWF sent someone else's paperwork..

thanks for all that....

yes interesting.

you handed the car back in nov 2020, how long was the lease agreement for and when did it start?

 

if you read the threat-o-gram carefully it doesn't say WILL anything.

who are stated as DWF's client please ?

and have you still your copy of this agreement?

 

 

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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  • The agreement started 11/02/2019  for 47 monthly hire payments

 

  • Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.

 

  • The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.

 

  • Yes I still have my agreement. 
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is this letter entitled letter of claim? and comes with a reply pack?

 

please scan up your original agreement to ONE multipage PDF

read our upload guide carefully 

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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Hi dx,

 

The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.

 

No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.

 

Thanks!

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  • dx100uk changed the title to Volvo Contract Services/Santander/DWF - Car HP Agreement - letter of Claim - handed car back Nov 2020 - also DWF sent someone else's paperwork..

ah good.

changes things then.

but you must reply to them within 30days. we'll deal with that later.

 

now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name

its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?

 

what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.

 

can you expand upon the how the handback came about and what they did and didn't say?

 

all of the above if true bodes well to p'haps buffing this debt away .

 

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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Hi dx,

 

Yes, it does say on the letter 30 days to reply.

 

Sorry, it was addressed to him, I just said I received it in my initial post for simplicity, really. His name is on the agreement. In hindsight there was a lot wrong with the sale: he only has a provisional license, appropriate affordability checks weren't carried out etc, you know what car salesman are like, they're only interested in the sale. 

 

Yes, I rang them up and said I had lost my job. I asked if the payments could be reduced or that the finance term could be extended but they would only accept voluntary termination and then requested that I sent them an email to confirm my  decision which I confirmed on 21/07/2020. I sent several emails back and forth stating over and over that I could in no way afford to pay back the amount. They did unfortunately, email back with regards to paying 50% of the outstanding back:

 

Quote

 

Dear Mr XXXX

Thank you for contacting us about your agreement. We know this is a period of great uncertainty and concern and hope that we can help.

Your terms and conditions allow you to hand the vehicle back to us by way of an Early Termination. By doing so we would require 50% of your outstanding rental payments.

The fee for this would be £6,916.35. However, to assist you we will apply a concessionary reduction on your Early Termination fee of 25%, bringing your fee to £5187.26 

You may be subject to further costs on return of the vehicle as detailed below:

·         Excess mileage if you have exceeded your allowed mileage for the period of use.

·         End of Contract damage, if upon inspection, the condition of your vehicle is outside of the BVRLA standards.

·         1 months unbilled rental if your contract is billing in arrears

Please note this quotation is valid on the assumption that the vehicle is returned between the following dates 06.7.2020  and 03.08.2020  and that your last rental due has been paid.
 

In regards to the ET amount, we do not expect this to be paid in full, we can set up an installment plan for a period of up to 6 months without needing an income and expenditure form from you. If you require longer than 6 months then we would need you to complete an income and expenditure form. 

 

But this would be assessed once the vehicle has been returned and once we have invoiced you for the Early Termination, any damages and any excess mileage (pro-rata'd)

 

 

 

However, there was no mention of anything other than voluntary termination?

 

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VT is correct, VS is the full remit one.

so it's increasingly looking like there is nothing much a miss here.

 

the fact the person that signed the agreement has only a provi licence etc is totally immaterial. i'st a credit agreement, can be signed by anyone as long as they meet criteria, affordability checks would have been done by them else it would not have been approved.

 

the agreement should show the VT figure on the back, check its the same figure as quoted above. as for mileage and damage, check again these limits are on the agreement. not normal for an HP agreement to have mileage limitations....

if they scammed you for collection of the car thats about the only thing that might be dodgy.

 

 

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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Thanks, there's no figures on the agreement that I can see. Only on the threat letter which states £5,745 not £5,187 in their original email.

 

 

The collection was sort of mutual don't think there was any dodgyness to it 

 

Do you think we have any leeway to complain about my brother being accepted for me. I'd much rather have the debt put on to me than him?

 

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well what DWF are claiming is immaterial, it's their client that sets that and DWF have already made mistakes by sending him anothers agreement.

 

you need to be sure that no repo cost for collection of the vehicle was added, was it drive away or flatbed collection? they typically charge +£350 for it and under the consumer credit act which governs voluntary termination and the HP agreement they can't charge anything as such.

 

i pers think you need to be a wee bit careful here as if i were to be frank, the vehicle purchase was made under what they call 'fronting'.

if the car was not registered in his name nor insured by him, with you as a named driver you are both on very dodgy grounds legally here. 

 

 

 

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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Hi dx,

 

Yes, its quite a mistake sending me all of this person data. But well see if that means anything later on.

 

I'll check with regards to the repo costs, it was a flatbed they sent to collect it though. 

 

Yes, thanks for informing me on the fronting info. I'll certainly keep that in mind and look into this further. 

 

Not really sure where to go from now. I think I might get in touch with the FCA and see if there's any grounds to proceed on the miss selling front. It's just a miserable situation when you finally realise the implications of these types contracts. I do know it was not explained to us at the time. Thing is I wouldn't have even thought about involving my brother if the salesperson hadn't of brought it up. Hindsight eh!

 

Thanks for your time on this. 

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fca dont deal in individual consumer complaints.

 

pers i'd not be kicking any pram wheels here if its true that he is not the registered keeper (and you are) nor are you on an insurance policy in his name as a named driver. which i suspect are both true as he only has a provi licence?

it could lead to a claim of fraud against him which will be a lot grander than £5k... be very careful!!

 

there is nothing unusual, special, different, about his HP agreement than any other...it is NOT cause of any complaint.

 

bottom line is you owe him £5k+, you've probably caused his credit file to already be trashed for 6yrs costing him alot more money on higher interest rates and refusal of any new credit for 6yrs this includes a mortgage...you need to get paying this off to him and he needs to reply to their letter of claim.

 

if all above is true i can see no way out of anything now and the fact they sent him someone elses agreement, pales into total insignificancy 

 

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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PCH?

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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