No I think I must have missed that back then as I only did a SAR request but not a CCA but from what they sent me it would have been the same info if it had been a CCA... I have the agreement and T&Cs now but they sent nothing else just a statement showing its now written off and the balance is nil.. .its the other info they failed to send that would give the details of the repo and default/ termination and info they put on the CRAs which I know is wrong.

I wrote to them giving them 14 days to send me the information they had not sent in their SAR return as you suggested and I received an envelope in the post today with a compliment slip and no letter and all that was enclosed was some pages of terms and condition I had never seen and nothing else whatsoever. Im astonished it seems they are determined not to send me anything else they hold on me. I believe the default process and repo was definitely illegal but they wont send me the info. Its a bit complex as I believe GE Money acted for the main creditor in the repo so I have been dealing with the main Creditor who was the one threatening Court action but then they wrote it off a few days after they received my SAR request but have not written to confirm that decision. The default date they put on the CRA is 2 years after the repo so surely that would mean the agreement is void and I should be entitled to a refund of all the money I paid them but I m not sure if that alone would stand up in a claim without copies of all the documentation.

thats what I thought at first but I definitely only did the SAR and they definitely refer to receipt of the £10 so it seems they are very hesitant to give me the other data they are holding on file assuming they have kept it. I stated in my letter that if they did not send any of the info I requested and no explanation was given then I would assume they did not have this information and it was not capable of ever being being processed. I suspect the default and repo was faulty and the repo from private driveway without permission could render the agreement void and I would get my money back and that info would have helped me.. .I dont have the means to make a claim against them right now but I am thinking about writing to ICO about them and also because they have registered inaccurate default info with the CRAs and totally ignored my request about this data in the SAR

Hi i have just recently received a response to my SAR request and all that was included was a couple of pages of a smudgy looking agreement and a statement. On checking the statement they have an entry right at the bottom for write off of the balance outstanding just after receiving the SAR and the balance is now showing as zero. No details of any default, termination or repossession was included in their return or even any mention of them writing it off. A big thank you to dx100uk and theoldrouge for your advice it looks like they would rather write it off than send me the default repos data etc which it appears they may not have retained so they were bluffing in their court threats and its a positive outcome - thanks again

yes of course you are right I will not do anything about making a complaint at the moment and wait for the documentation from the SAR request.

yes im sure they are lowlifes and i guess they will get more and more aggressive .. .I have read up a lot about what has happened to other people and specifically that company tricked one person into allowing them to secure an existing unsecured debt to their property in return for agreeing a lower payment plan and then immediately started further action ...the person was gullible but it shows the depths they will plunge to ... I intend to fight them all the way and also to show they dont follow the codes they subscribe to .. i believe they are in breach of the Consumer Protection From Unfair Trading Regs 2008 if they force someone to make payment they would not normally have done so by acting in a misleading or aggressive way, they are also in breach if they do not follow the codes they subscribe to... .so my eventual complaint will take them to task on this its just the CAB have held me back now since July and im going to have to make a very strong formal demand for information from them as well which is frustrating when they are supposed to be helping ..... anyway thanks for your help I will get the SAR and CCA requests sent asap and report back when I get the replies

Hi yes I did hand the keys and logbook over in the end but in protest after being told it was not legally mine and he had every right to take it and if I refused it would involve the police and at the time I felt was the last thing I needed but in hindsight I should have stood firm but i wasn't aware it was trespass. The solicitor is LesteraldrigeLlp when it first started earlier this year they were giving me 14 days to pay I phoned them to tell them the CAB were handling it for me something which FGA obviously neglected to do. They then wrote me shortly after saying I had called them and made an offer to pay monthly and they were enclosing a financial questionnaire for me to fill in so they could review my offer (there was no mention of what the offer was). I sent all my letters to the CAB as that is what they asked me to do.. .but now I have stopped doing that because I am forever waiting for lots of them back with copies of all their correspondence. . I wanted to make a complaint to the OC and solicitor but because of this I dont have all the evidence which is so frustrating, luckily I keep good notes i know what has been sent but at the moment im in the middle of my creditors and the CAB who are slow to act and seem hesitant to give me what i have asked for . ..I will chase them again and get them scanned as soon as I get them back .

Hi yes , sorry I worded it badly I believe it was Ge Money acting on behalf of Fiat Auto for the repossession although they never explained this to me at the time I will send off the SAR right away to FGA who have a solicitor acting for them making threats of a claim. They are not very helpful and act quite bullish making inaccurate statements like I made an offer of payment and agreed to deal with them separately despite the fact they knew the CAB were acting for me. I don’t have the full agreement or early statements and the more recent ones I have only show opening and closing balances so I dont have the full history of what happened. I will scan/upload them as soon as I get a response. Thanks again for your help

Unfortunately I dont have scanned copies of the DN and Termination letters at the moment, the DN (3 June) was followed by Termination letter (18 June) - they were received so close together that allowing 14 days was very tight and the figure quoted to be paid was £552 (this included two late payment charges of £26x2 = £52). this was not broken down on the notice and just one figure was quoted. Also the Total amount payable under the agreement quoted in the DN did not include the two late charges but I think these are probably just minor technicalities and the rest is fine. I did not receive anything about the repo apart from a copy of the vehicle condition report from the day it was repossessed but that just gives minimal info about the car and was never signed by myself in protest at the time. My thoughts were now they appear to have stored inaccurate data about the default against the CRAs stating the default was 2.5 years after the event and the repo.. ..so either that is a deliberate mistake to keep it on my record for much longer than it should be or maybe they have not kept adequate records .. ..so maybe they cannot produce these documents they would need to enforce the agreement.

yes Fiat Auto sent a default notice with 14 days and then a termination letter before the repo , the issue was they took it under duress from my driveway without a court order albeit I was never going to keep it but was aggrieved with the way they did it also that they had given me less than 2 months in the first place and were not very helpful, now FGA registered the default date with the CRA effective from 2 and half years after the default date and repo with a different address, also never sent me details of the proceeds of sale although it appears on a statement i received and looks like they sold it cheaply for its age mileage and condition .. .well under £2000 less than what they were selling for so i guess someone made a real killing on the deal.

yes thats what I thought but they were not very helpful at the time, they did send a default notice.. all this was done by the original company hence I was wondering if they would have to assign the account for the new company to have the same rights

It all happened very quickly at a time I was in business and the credit crunch came along and I ended up losing the car it was taken from my private driveway after I was 2 payments behind and I had not paid more than a third. I knew they had a right to repossess it. It was taken by a man (not a bailiff) who was sent by a company called Ge Money who said he was taking it to auction. I was not very happy about him coming onto my driveway at the time but he threatened to make a scene and involve the police, this was a very difficult time my house was being repossessed and my relationship ending so I was in no mental state to defend things at that time…so I felt I had no choice under duress but I now believe they needed a court order to come onto my property so may have been in breach of the CCA. I still have the paperwork he gave me but nothing else was received. Now I am being chased for the debt which I believe amounts mainly of interest… having checked my CRAs they have also registered a default date 2 years after that and at my new address. I am not trying to avoid paying my debts I have paid them token payments for 3 years but I am not well off have very little income and have other debts but they have not been helpful and keep making threats of a claim which is crazy as it would take them 25 years just to recover the costs. They changed my agreement number in 2012 they said they had a new system . ..I suspect they may not have copies of default and termination letters hence registering default 2 years after the repossession which if correct would it possibly make it illegal and the original contract void.

Hi I am pretty new to this and wanted to ask some advice about a HP loan I took out to purchase a car which was subsequently repossessed. The company was Fiat Auto Financial Services Ltd at the time but it is now being handled by FGA Capital UK Ltd. I believe Fiat Auto entered into a joint venture a few years ago and became FGA Capital UK Ltd. I have never had any of this explained to me by them and wanted to ask if anyone can advise if by Fiat Auto becoming FGA Capital as part of a JV would this mean they would have had to formally assign the debt for FGA to have rights to collect and enforce it.