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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

iconoclash

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Everything posted by iconoclash

  1. iconoclash
    Hi - have had a spurious claim issued against me which I can and do wish to fully defend - my main problem at the moment is that the its been issued in Aylesbury Court - nowehre near me. I have written to the claimant and told them my position and copied it to Aylesbury County Court stating that I would wish to defend and transfer to my local court. To my amazement they have gone ahead with a hearing in my absence without notifying me of any hearing dates! I believe that they should have automatically transferred this to my local court, having read the CPR on this. But the DJ has made directions for the defendant, me, to submit my full defence to them by Feb 10. So, now I dont know how this affects my transfer request if they have already begun a process of sorts? there is now way I can afford to go to Aylesbury being unemployed at the moment and on such a tight budget. any advice would be very welcome. thanks.
  2. iconoclash
    Hi and many thanks for your responses. Can I ask: when a DN is issued and it says Total amount payable under the Agreement xxxx, followed by Less Reabte figure of xxx, then total to be Paid xxxx, does this mean the actual Total due under the Agreement. There is another place in the DN that states an arrears sum due in order to bring the account up to date, but the total given as due under the agreement is now confusing me. Are they required to give only the cost figure or cost remaining? thank you
  3. iconoclash
    Hi - been through the figs again and the total on the agreement for others (not car) is £4101.60. Some of this I know is invalid as I cancelled stuff but, trying to find out what the position is with using an agreement as the basis for a claim (against me) that shows sums that clearly are no longer valid. If a Dj or another looked at this contract alone they might well believe that I have an obligation to pay over £11k. I have no modifying agreement but payed a reduced rate which is alledged to represent the car cost plus the warranty costs monthly, but, the warranty was for 3 years and the car finance for 4 years. At no time did I receive a statement or letter or notice identifying that the cost for the warranty was now complete and I had forgotten about such details, but think It would have reduced by around £25-30. As it happens I had to reduce the payments anyway due to changed circumstances but did not look into whether I was then being charged extras, so was probably going 'two steps forward and one step back' all the time. And, since there were two 'products' with different interest rates involved, should I ask for separate statements that clearly identify the details. It is very difficult to discover the accounting on this. thanks
  4. iconoclash
    Hi - Ive never noticed this before but dont think this part of the Agreement can possibly be legal: " Please note that the termination rights set out in this Hire Purchase Agreement only apply to the Hire Purchase goods and to that part of the payments which relate to the goods. If you exercise your right to terminate this agreement, you will be liable to make payments due in respect of any optional insurances that you have chosen." The entire document is CCA regulated and early settlement rebate calcs also apply to insurances in law so if a customer terminates/cancells they are not, in my opinion, obliged to continue with any insurances. This statement is surely false and another example of misrepresentation by this company. Also stated by the DJ as being known 'behaviour' of this company.
  5. iconoclash
    hi - could they argue that having sold the 3 insurances they used some 'pay-off' for that to then pay the broker? but, as I cancelled two of them within a week and paid nothing against them they surely would not have been able to keep anything they got - which reminds me that in their paperwork I noticed that someone had written on my requests to cancell the PPI and the GAP, and it said that it wasnt possible to cancell ? not that I was out of time or anything but just says "cannot cancell this" - maybe they thought they would just tell me that and then thought better of it - who knows.
  6. iconoclash
    . hi - so looking at Hurstanger I also noted other stuff about Sealey but, this further confirms my position I think, as although there is talk about whether the broker was a specific agent for the consumer, in my case I found the broker and the broker found the finance - surely that qualifies as representing me. So it was that I should find a car, enny, enny enny car....and he would sort it out, so no, no other deal or option available.
  7. iconoclash
    oh - only just noticed that - my title doesnt say "dismissed" does it - says dimissed instead - what a plonker - wonder if i can change that? lol
  8. iconoclash
    Hi - yes I do have evidence of the payment from Advantage to Cash Drive UK Ltd - this came to my attention when they complied with my SAR and not before. I wrote to them and asked for the KEY code to decipher their diary comments, and to explain who this guy was and why does it say: "Underwriter = automated approval [92] Dealer Name = Please take this from dealer offer warranty. Sales Source= Other broker." Payment = £1468.60. Their response was that it was nothing to do with me as it doesnt appear on the agreement. ??
  9. iconoclash
    Hi - re DN - I was able to show that the Consumer Credit Directive Regulation 33 applies and that their notice did not conform, and it was this that the DJ said found their case against me invalid as they had not therefore issued a DN and could not be in court. As for getting my money back from the broker - they dissolved in July 2011 so have to go for the finance house - is that right? ta.
  10. iconoclash
    hi - sorry been ill, but re this claim against me: they claimed total £4804.05 made up balance, interest inclusive as pre-determined at start, charges, plus interest from April 2011, plus court fees. They claim against an agreement that shows a total liability of: £11,171.36, being for the car and three insurances and acceptance fee. Car value = £3994.00. I have paid £4192 approx. ( x 2 ins. cancelled ). I have a letter from AA Warranty asking if I want to renew with them and their quote is £419.00 for 24 months with a 0% APR, so the AA Warranty the finance company sold me was 36 mths for £695.00 but their interest rate: 34.10 so cost a lot more, actual figure unknown as the TCC is combined with other things. Then the broker got £1468.60, so I'm wondering where this was applied? Dont think they paid it out of the goodness of their hearts. Should I take that from my balance and if so, what about the interest on that @ 36.46 which is the rate on the car part of the agreement. And I think if I didnt know the TCC on the Warranty I should deduct that. I am not trying to get something for nothing but feel unhappy about all the charges when they knew I was on benefits and just wanted to negotiate but they were so rude and I know I've paid for the car already its the rest of the deal that I think is dodgy, especially when they didnt fix the *** bleeping due to a faulty component somewhere and still living with that infernal noise - grrrrrr.
  11. iconoclash
    HI - this is taking me some time as the finance company sent the data on a passworded disk that i have to enter for every single page each time and download to the PC - but -meantime, yes there was a broker in between me and the finance house - I did not choose them the broker did - had never heard of them til signing up and had no copies in advance. I have to read those other cases again to understand properly but do thank you so much for the advice. I have found this bit of Latin when searching around which seems appropriate re DJ's making choices. The fear of getting someone who wont listen to a LIP etc., if it goes that way that is. 'Stare Decisis' when used in a legal context means 'let the decision stand' and is apparently used to express the idea that a prior court decision on a specific issue MUST be recognised as a precedant on that issue. I think this is going to be more complicated than I first thought which is a bit frightening. So tied up with fighting my son's school too so please forgive my delays in answering at times. I have the internal broker/dealer booking sheet and their internal invoice for vehicle. thanks
  12. iconoclash
    hi - i only found out about this in their response to my SAR and I wrote and asked them who heck is *** and why did he get paid that money - their answer was that its none of my business ! but then it doesnt appear on the agreement anywhere. will get some other info together as whatever i do i think i should have rubber stamped by the court. thanks,
  13. iconoclash
    hi - i did a SAR when they started to get offensive - this showed commission paid by the lender to the broker but the broker company name meant nothing to me and research shows them to gone bust - I rang a company advertising on the web re car finance who simply said to go and find the car and they would sort out the rest. The name isnt the same and the documents were given to me at the dealership to sign. A week later I realised I didnt need GAP insurance or PPI and cancelled so didnt ever pay those but kept the warranty going. The mthly payments were reduced accordingly and I never knew the total figure for it. A large part of what they say I still owe them is for charges e.g. £7.50 for a text message to a mobile I no longer own - huh - letters sent unnecessarily saying I havent responded when I had and by Recorded Delivery at £35 each charge, plus interest on top, then extra interest from issue of DN. I have paid for the car value and more and there's over £1200 been paid to Cash Drive UK by them so this must be out of my pocket somehow. I think I will do some sums and try to figure what has been paid exactly and in the meantime the contract term has expired. thanks
  14. iconoclash
    Hi back with the post to new thread: http://www.consumeractiongroup.co.uk/forum/showthread.php?333395-Car-Repo-started-dimissed-settlement-sought&p=3675198#post3675198
  15. iconoclash
    Hi - back with my car finance problem. I need to make some kind of offer with this case as the claim has been dismissed but with general liberty to restore. Yes I see that the claim may be reissued, but not with the same details and faulty notices, and i want to sort something before this happens. The other issues about the whole deal were not heard of course but the DJ told the advocate that he already had a case in front him that week with "this company" and they were most disreptuable in the way they misrepresented their contracts. Then told the advocate that if he kept on pressing him he would find for me. The advocate thought he would pressure me outside the Chambers too but I was perfectly happy to talk round the issues telling him that the devil is in the detail. Was he shocked when he found out about that detail I'm disputing the unfair charges added to the account to include searches for me and the vehicle even though I was in correspondence with them - they even searched facebk - cant think why. Another problem was the cancellation at the outset of two insurances embodied in the contract, leaving a warranty on, but was a combined total charge for credit. Dont know if they should have reissued the contract but they wanted to claim all the contract interest for the term plus extra interest from their DN at a daily rate, which I saw as double recovery and there was no settlement rebate sum either. Sorry this is a bit messy but having paid more than half I wonder what a settlement offer from me should look like now??
  16. iconoclash
    Many thanks for responses - will do other thread - oooh ive done this in wrong order - could posted link - will be back....
  17. iconoclash
    Hi all - and congratulations to Wannabe - I expect you're taking time off from reading this thread - what fortitude and strength you have. Who's up for another? - lol. I'll give you the bare bones and start a proper thread somewhere. I too have a car on finance and have gotten behind with payments follwing a redundancy and surviving now on benefits. Finance house would not re-negotiate payment level. Refused to discuss it but sent threatening letters to recover vehicle. Sent DN followed by Termination Notice. Sent Notice to Recover. Having paid more than half of the contract I wrote back stating they had better have a court order before attempting recovery. Finance Co filed in court immediately for possession. I defended in full. The DN was defective and the DJ agreed - he dismissed their claim but with general liberty to restore. Next move is mine but I want to clarify this point please. If the DN is invalid doesnt that also mean that the Termination Notice is also invalid, or, is an unlawfull recission of contract? thanks
  18. iconoclash
    Hi Spot - thanks for that quick response - I will amend my defence and let you all know how I get on
  19. iconoclash
    [ hi - sorry to but in here but have been trying to catch up and inform myself as ive had no internet (being broke) and in court next week. Im dealing with a finance house but cant go into much detail as theyve been searching everywhere for info. to use against me. A broker introduced me to a product but there are no fees on the contract. The SAR revealed a fee/commission being paid to the broker. I queried this with the finance company and they said: "its irrelevant as I didnt pay for it". I said: it is because I didnt know about it and it must be paid somehow and probably thru the interest rate charged to me. Am I right? please
  20. iconoclash
    Hi - has anyone has had any correspondence from a Nick Chamberlain at Advantage Finance? can you pm if you have pls thanks
  21. iconoclash
    ok- so what if the borrower used a broker but his details do not appear anywhere on the papers supplied in the SAR but is/was acting as agent for the customer?
  22. iconoclash
    Hi all - Advantage are part of the S & U Group and they have a wonderful time on 'fun events' raising money for charities to increase their fantastic profile for events organised by..... TRADING STANDARDS - that's a nice cosy relationship then
  23. iconoclash
    Hi - its a family member i have been helping - we sat up literally all night writing the defence and counter claim. Essentially it is a disreputable lender trying to repossess a family home but the original deal, the contract, the behaviour throughout, the charging regime, the terms, the interest rate, etc etc are all outrageous and seriously need to be challenged, there are unfair terms, mcob breaches etc and hidden charges within the claim - the real situation is that the claimant owes the defendant monies when all has been examined properly and certainly should not be allowed to walk away with the house. Therefore the defence to the repo action is to counter claim. BUT - I cannot discover now if this is acceptable now that the court clerk has said that one "cannot counter claim a repo claim" - is this true? or is it that one has to make a separate claim against the lender and bring that to the courts attention. ? - thanks
  24. iconoclash
    does anyone know the answer to this one????
  25. iconoclash
    Hi - heres hoping that someone can guide me in this one - Ive paid more than half of the HP finance on my car but am on benefits and wanted to reduce the payments, the company were not interested in my preparing a budget sheet for income and expenditure when I suggested it they said that anyone could write numbers on a piece of paper. Negotiations with them failed and so I did a SAR one month ago to assess the charges and commissions etc on their files. During this time they have sent a DN which seems a bit flimsy and today sent a Termination Notice. They say they will take me to court to get the car if I dont make it available to them. This all seems a bit odd to me as I have asked them to show me the figure on the warranty they sold me at the same time but nothing has been forthcoming so far. Do you think they are moving to repossess the car before I have a chance to see their figures or what?? I was going to make a reduced offer to settle the remainder of the contract and I need the car to continue job hunting, collecting son from school etc. any advice please:?:

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