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    • Page 33 general conditions  "Your duties You must contact us as soon as reasonably possible and provide all the information,  documents, evidence and help we need to settle your claim or pursue a recovery." Some policy wordings are more specific than others. But even in this policy example, this Insurer may decide not to offer renewal, if they are not informed of a potential claim, if they find out from third party first. It is your risk to take. Do nothing and you may never hear anything further or the third party armed with your registration number makes a claim and your Insurers are contacted. Then your Insurers see you as someone who is careless.  
    • Good evening, The court date for this is 3rd June and I've decided I will defend in court. Following some very interesting happenings in my other claim at court the other day (thread will be updated after this one) I am certain I want to defend this not because I'm confident of it's success, but rather I want to experience the day and press on my belief (I know it's only a belief) that a copy of DN and NOA's themselves, is not proof of serving, which MUST have taken place. Much better evidence of serving, would just be proof of postage or signature of recipient with the correct date, even without the letter copies themselves. Their evidence in exhibits is not strict proof. Law of Property Act 196(4) "Any notice required or authorised by this Act to be served shall also be sufficiently served, if it is sent by post in a registered letter........." Isn't a 'registered letter' proof of postage/receipt (signature)? It might not have mileage, but its my first claim and I will be levelled up for experiencing it and trying. Meaning I can make more informed decisions on the numerous others pending within months. including claim #2 Thank you for helping me get this far, I've learned so much already and already making better decisions on accounts I don't have a thread for. I welcome discussion, thanks  
    • thats a good point. I've attached the policy but can't see anything about reporting accidents being mandatory. Unless I'm missing something?  this is only the policy document. But I can't see it being in any of the others (list below)?  Schedule & IPBY Shows the details you gave us when you bought your policy. Includes main and additional driver details, add-ons and excesses. Insurance Certificate Proof of your vehicle insurance. It shows who's covered, your vehicle use, and any cover exclusions. Insurance Policy Explains the terms and conditions of your cover. Credit agreement Outlines the terms, payments, and interest of your credit agreement. Important Information Document Outlines fees and charges, how your data is used, and how to ask for documents in different formats. Insurance Product Information Document Details of your cover and exclusions. Direct debit information Details of your Direct Debit, such as your collection, bank details, payment amount and your Direct Debit Guarantee Pre contract credit information Outlines the key features, costs, and legal details of your credit agreement. Adequate Explanations Details of your credit agreement. About our insurance services to you Details about our vehicle insurance, service standards, and regulatory status (and the status of any intermediaries)   insurancepolicy.PDF
    • I've never thought they were reliable enough and stories like this just confirm what I thought. Tesla owner says car in ‘full self-driving mode’ failed to detect a moving train WWW.AOL.CO.UK The close-shave in Camden, Ohio, was captured from multiple angles by the car’s cameras  
    • Hi,  I had a look through the credit agreement again, despite the signature looking legit I've noticed the below and wondered if they'd work as part of my defence, a)    The document headed ‘Your Personal Details’ has an office stamp which is unreadable. b)    On the above mentioned document under section ‘What to do next’ it states turn to agreement form on page 3 however 2 pages are provided. c)    The above mentioned document is unsigned & dated on behalf of Halifax PLC. d)    Two sets of documents headed ‘Credit Card Agreement Regulated By The Consumer Credit Act 1974’ was received containing dissimilar information. Under Parties to this agreement, both papers contain different name / address of the banking institute as well as Defendants address. This document is not on letter headed paper, the layouts are different, paragraph numbers differ as does the document content. Thanks again for any help.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car


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OK so slight differences in the figures as you originally said

£6318 left to pay so take that from £11662 would mean you had paid £5344 but now you say inc deposit you have paid £5023 towards the agreement with any interest adjustment as dx says your max liability is £808. What the car fetches at auction is neither here nor there to you as you do not receive any money from the sale, It all goes to CB to help towards their considerable losses


Normally I would advise sending a SAR to double check for a Default However in your case personally I would just get on with it as if CB realise what has happened they may issue a DN pretty quick , You need to realise you have been exceptionally lucky so far and could walk away from this mess with a profit of £1500 to £2000


My advice would be GET ON WITH IT


Click VT for information 

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 2 weeks later...

they cant, not  your problem.

 

 

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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"Good morning, 

Customers can voluntarily terminate their agreements in order to return an asset to a lender. Customers are liable up to the half paid amount on an agreement plus any wear and tear that that falls outside of the BVRLA standards ( BVRLA BVRLA Fair Wear & Tear).

If customers is less than half paid and have any liability following the inspect and collect of an asset, they are required to pay this to the finance company in full. If they are not able to do so, the liability will be transferred to a Debt Collection Agency in order for a payment plan to be put in place. 

A Voluntary Termination shows on the credit profile as an asset having been handed back. If there is unpaid liability this will show as an amount outstanding on the credit profile – it will be recorded on the Credit Profile as a Default for the amount unpaid."

No way is the dead car on my drive "normal" wear & tear? 🫣🥲

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but the damage is not thru W&T.

 

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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nope.

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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Share on other sites

All you need to do is to send the VT letter stating that the agreement will terminate on  xx/xx/2023,

that they then must collect their car for which no charge can be levied for collection


If and when they invoice you we can then deal with that


You will only be paying that which is necessary to bring the amount paid to 50% of the agreement 
All finance companies hate VT and are full of bluster

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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This is what I've been told & emailed:

 

Good afternoon,

Thank you for your recent email confirming you wish to proceed with voluntary termination of your finance agreement.

Your agreement has been transferred to our Asset Recovery Team who will manage your agreement throughout the termination process.

To confirm, you have not paid over 50% of your agreement and your agreement is in arrears of £360.50 for 2 missed payments. Therefore, your liability is £487.75 plus any excess damage deemed outside of fair wear and tear.

We’ve now shared your information with our vehicle inspection agent DMN who will be in contact within the next 5-10 working days to arrange an inspection.  Following the inspection a copy of the inspection report will be emailed to CBMF usually within 24 hours, who will then endeavour to contact you within 72hrs of receiving the report to discuss any damage/mileage costs.

Please follow the link below to access our fair wear and tear guides.

https://www.closemotorfinance.co.uk/customers/finance-explained/information-and-advice

Any excess damage above fair wear and tear will be chargeable.

Inspection Process;

Following this, we’ll then share your information with our vehicle collection agent Motor Auction Group who will be in contact within 5-10 working days to arrange collection of your vehicle, once collected the vehicle will then go into the next available auction and your agreement with CBMF will be terminated. Your credit profile will be updated, and where applicable, any outstanding liabilities will be transferred to our debt collection agency.

Collection Process;

  • MAG will telephone and agree a suitable time/day for collection 
  • Place the vehicle documents V5, MOT/service history and the spare key (s) inside a sealed envelope and have them available for the inspection
  • The MAG Driver will telephone the customer an hour prior to arrival 
  • The driver will then take the vehicle to complete collection 

You’ll be required to complete section V5C/3 (Yellow Section) of your logbook and return this to the DVLA.

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yep all std.

when they get the vehicle you do NOT sign anything. as usually that means you take responsibility for anything outside W&T, which is wrong!! that they deem so.

what they get at the auction is their problem.

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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Share on other sites

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