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Roxy v Car finance Co Help needed !


princess roxy
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Hi i am now about to take a car finance company to court,they still insist that reclaiming late payment charges etc does not apply to them,only to banks and cc companies, they wont send me a breakdown of charges or a copy of the T&Cs . however i rang the oft and they confirmed that under unfair terms etc i can claim back my charges . problem is on the MCOL form giving reason for court action , all the threads that i can find, the wording relates to banks, should i use these but do a bit of editing to suit ????? any ideas anyone. thank you Roxy

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just read karen654321 thread ,very interesting...... she says that the finance company were charging intrest for a late payment,can they do this? iv requested a breakdown of charges and a copy of T&Cs but they wont send them. if i take them to court could they use this interest excuse against me to justify the £26 charge, appreciate any help thank you Roxy

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Hi Roxy, I have found the T&C's for my car insurance on the back of my renewal letter, maybe yours are in a similar place or with your policy somewhere?

Just for information, mine states:

 

POLICY CHARGES, INTEREST, FEES

 

Clients will not earn any interest on money we hold for them. Any interest accrued on these funds will be retained by us.

 

Adjustment and administration fees are charged for our professional services which are non refundable.(well I managed to get one refunded!) Our current charges are as follows:

 

INSTALMENT ADMINISTRATION FEE: £1 per instalment

CARD PAYMENTS: £2 per transaction

PROFESSIONAL ARRANGEMENT FEE FROM: £20

(new business and renewals)

CENTURION LEGAL COVER: £25

DUPLICATE CERTIFICATES: £10

POLICY ADJUSTMENT FEE: up to £50

DISHONOURED PAYMENT FEE: £25

CANCELLATION FEE: up to £75

 

There is no mention of interest, other than above. I note it says DISHONOURED PAYMENT FEE, whereas the finance company call them admin fee's. Same thing though, like the banks charges, a penalty, just a variation of the name:roll: I couldn't find any T&C's from the finance company, tho I do have another place to look.

 

T&C's have become an important part of the paperwork needed to claim back bank charges, I would think the same goes for any similar claim now. Are you saying the finance company have refused to give you any? YOu are certainly entitled to a copy.

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Correct ,they just dont want to know, maybe asking for T&Cs on there own with no LBA letter might work, before i start any court action would you advise first getting a copy of these ????? thanks stadium really appreciate your help with this,i have a feeling i may need your help againm so keep looking in . and thanks again, Rox

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Hi Roxy, have you looked to see if you still have the T&C's that came with your policy? I don't know enough to say you will def need them, I just have a feeling you might, as it's the same procedure as the banks, and they have become an important part of the court bundle now.

I think you should ask them for a copy if you can't find yours.

Anything else, just ask. If I can help I will:)

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My problem is with payments for my car, i bought a new car with Fiat Finance,and late payments were due to my bank taking out there charges before paying my monthly car payment,Fiat then charged me £26 for a LP,this is what im trying to reclaim, but still i should try to get hold of my T&Cs before i take action ,do you think. thanks stadium keep watching , Roxy

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  • 10 months later...

10 months on after quite a few claims for different people,decided to get back to this auto finance company. car was paid off in march ,they have taken over £100 in late payments,sent two letters. they still insist reclaiming doesnt apply to them,only to banks and cc companies. should i use financial ombudsman or court, any advice appreciated ,thanks ,roxy.

Edited by princess roxy
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They are, of course, quite wrong. A penalty charge is a penalty charge regardless of what the contract is. The first case about this that is always cited from way back in 1915 actually involved somebody selling Dunlop tyres below the recommended price. A very recent and widely reported case 3 years ago was about redundancy pay that someone would get if they lost their job. So, as you can see, to claim that it just refers to banks and ccs is rubbish.

 

I would suggest going down the court route, but I also know that a lot of people have been successful with the FOS route. At the end of the day it really is your call.

 

If you haven't done this already, you need to send them a sar first of all to get all the information, like copies of the agreement and payments made, charges applied to the account etc. They have to comply with this in 40 days and it costs £10.

 

If you want to go down the FOS route I believe that you first have to go through the companies own complaints procedure, but from what you've said it seems like you've already done that.

 

 

hope this helps

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thanks Nicklea, in 2007 i got to send them a second lettr but decided to postpone action as i had a few reclaims on the go. , have now finished my repayments to them. i have a copy of agreement and a list of all the charges for late payments, iam waiting for a reply to my 2nd LBA .....the total reclaim figure is only £120, would this make a difference between claiming through FOS or courts, and do you think that they would actually turn up in court to defend their case ??, thanks Roxy

Edited by princess roxy
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It's always best to assume the worst and that they will turn up.

 

Don't forget that the judge may not be aware that this is different from the bank charges issue and try to stay the case. To pre empt that, I put this in my claim for a cc, you'll need to amend it as necessary:-

 

The Office of Fair Trading (“OFT”) Test Case

1. This counterclaim does not relate to the recovery of overdraft charges on a bank current account. It is therefore not affected by the current OFT case recently heard in the High Court on the applicability of the UTCCR and should be allowed to proceed to it’s natural conclusion through the court.

2. Credit card charges differ from current account charges in that they relate to a clear breach of contract and this is shown in the Claimant’s own terms and conditions.

3. Furthermore, as there is a clear breach of contract, there is no question as to whether or not the UTCCR applies as it has already been held to apply to default provisions by the House of Lords in Director General of Fair Trading v First National Bank [2001] UKHL 52.

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  • 2 weeks later...

right ,have given this car finance company three weeks now, and they hav nt even replied to my letter (2nd LBA) so its about time i started to take some action, but, do i go FOS or go through the courts for my £120 , any input would be greatly appreciated , thanks Roxy.............ok only 120 quid ,but i really want to nail these arrogant so and so,s they keep saying reclaiming charges doesnt apply to them, so come on guys how best can i throw these charges in that smarmy managers face.

Edited by princess roxy
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right ,have given this car finance company three weeks now, and they hav nt even replied to my letter (2nd LBA) so its about time i started to take some action, but, do i go FOS or go through the courts for my £120 , any input would be greatly appreciated , thanks Roxy.............ok only 120 quid ,but i really want to nail these arrogant so and so,s they keep saying reclaiming charges doesnt apply to them, so come on guys how best can i throw these charges in that smarmy managers face.

 

:confused:could do with some advice please, thanks Roxy

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