If WFS have renegotiated to a cheaper payment they will have extended the term and changed this to a modified account. When an account is modified it will show up as a new loan even though it isn't. The added amount is probably the interest over the longer term.

Phoned insurance co. & told them about this claim letter. The person on the other end just laughed and told us to forward both the letter and the scary questionnaire citing Road Traffic Act this & that all over it which I would imagine they expect to be returned. One other unusual thing I noticed - in the section headed Funding it states that the solicitors are obtaining an 'After the Event Insurance policy' and to advise them if we know that their client had a 'Before the Event Insurance policy'. WTF is that all about?

Don't want to reveal the exact location MrShed - never know who's lurking. JonCris - wife reckons she had no chance of stopping as other car came out too fast and without any warning. Have been to the roundabout and tried to retrace my wife's path as fast as possible to see if it was possible for us to be in the wrong so to speak but only managed 10mph at the point of impact due to the tightness of the bend which would have given any car moving straight over ample time to be clear of my path unless they were driving an HGV or something similar and don't for the life of me know how this lady managed to sustain these injuries at such low speed of impact. Probably suffering from a ruptured purse or broken piggy bank! In general I am against these type of claims and the solicitors that seem to chuck them round like confetti. Just means the rest of us have to pay and in general viewed as a victimless bonus for the inconvenience of having a crash in the first place.

Roundabout on a T Junction. Not quite a mini as there is a roughly 1m diameter slightly raised circle in the middle. Bar of the T heading north/south with other leg heading west. My wife was heading south intending to turn west(right). Other car was heading north intending to carry on north. Witness car in front of ours heading south intending to continue south. At the entrance to roundabout south heading road splits into 2 lanes with the left lane for those continuing south and the right for those turning right(west). My wife moved across to the right lane and as there was no car approaching from her right(west) started to turn right around the roundabout.There are no hazards in the middle of the roundabout to limit visibility of all entrances/exits. As she reached the apex of the turn the other car pulled out without warning heading north and my wife was unable to avoid crashing into the side of the other car doing quite extensive front end damage to our car and damage to the side of the other car. The witness was travelling south also but intended to continue south so moved into the left hand lane and as my wife pulled alongside her to her right moved onto the left hand side of the roundabout. She has told us that she saw the other party's car stopped as both she and my wife pulled away and she also saw my wife indicating to turn right. I cannot think of any circumstances in which this other person can claim she had entered the roundabout first save that she either purposefully stopped just after entering the roundabout or broke down. The claim alleges my wife failed to give way but as the other party's path did not cross in front of my wife this seems very strange.

Thanks for that Lula. I did phone the police about 2 hours after the accident to report it but the guy in the call centre said that as nobody was injured it would be a civil matter and one for the insurance companies to sort out. 3 things - 1. Now that it appears that someone is in fact injured (or looking for the big windfall that helps to keep insurance premiums as high as they are!) could I now report this accident to the police? (feel that the other lady's recollection may change somewhat if asked to provide a statement)2. Is it possible to report this as an attempted fraud to the police? and 3. The wording on the claim from the solicitor explicitly states "we are alleging that you failed to drive without due care and attention" - is driving without due care and attention not an offence under the Road Traffic Act and are they allowed to make these allegations?

Hi all. Hope someone who knows their way around this subject can give us some guidance. My wife was involved in an accident a couple of weeks ago. Circumstances were that she was halfway round a mini roundabout turning right when the lady approaching in her car from the opposite direction intending to carry straight on pulled out in front of my wife's car which went into the side of this other car. Wife a bit shook up but they exchanged details etc. and carried on. The lady who was in front of my wife also stopped and confirmed that she had seen my wife indicate to turn right and also seen the other car pull out after my wife before hearing the bang and gave my wife her details in case she needed a witness. We did the usual i.e. phoned the insurance company, filled in the claim form and our car was duly dropped of for repair (getting it back tomorrow). There was one curious thing our insurance company told us while reporting the bump - the other lady did not appear on the insurance policy for the other car. This doesn't mean that she has no insurance but may well be fully comp on another car and thus 3rd party for the one she was driving. Couple of days later this firm of well known 'ambulance chasers' called us and asked my wife to verify her registration number as their 'client' had given them the wrong one. They then asked my wife if we were intending to 'dispute it'. We were a bit confused but referred them to our insurance company. Today we recieved a letter claiming damages on behalf of the other lady stating that my wife failed to give way to the other car, failed to drive with due care by not braking, steering etc. Claim is for the usual - personal injury, earnings etc. Surely this is insurance fraud! My wife has 9 years no claims protected so the max we are liable for would be the £100 excess on the policy but as a point of principle we would not like our insurance company to pay one penny of this claim. Can anyone advise what to do or is it better just to let our insurers get on with it. We have heard that if they are worried about potential costs that insurance companies have a tendency to settle 'knock for knock' but would be totally against them agreeing to this.

With WFS the procedure is as follows - delinquent accounts are transferred after 120 days in arrears to the LMB. The staff at the LMB have the power to renegotiate the agreement and are heavily targeted on collections to hit bonus. They also have the power to reduce the balance by 35%. All accounts are reviewed monthly and if it goes another 120 days without satisfactory result it is then transferred either to legal for court action, or if there is little chance of the legal avenue working i.e. customer has 2 or more CCJ's already it goes to the LCU (Local Collections Unit). They can reduce the balance by a total of 65% and will also renegotiate payments, term etc. If the LCU gets no joy either the debt is then passed on to a DCA.

PossVox - the request you have already sent is a Civil Procedure Rules Part 18 request in which you request all of the documents the other side wish to rely on in court. You can indeed ask for the claim to be struck out if they fail to provide these as you do not have the opportunity to conduct a meaningful defence.

Had exactly the same thing with Cabot. Sent CPR 18 request and defence asking for strike out. Got a Notice of Discontinuance shortly after. Don't worry - sharks like these will not have the neccesary documentation to actually go to court. They just like to harass & intimidate people into paying them but like any bully will soon back off if you stand up to them. I have now sent them a S.10 Data Protection Act leter telling them they better stop processing my data pronto and inviting them to suggest an appropriate level of compensation for the data processing they've carried out in the past without my permission. LBA next - see how they like it!!!

Phoenix have just had their case struck out against me as they were unable to supply any docs. Please have a good look round this site, it will give you all the ammunition required to defeat these bottom feeders. No valid agreement = no enforcement. I have now issued them with a DPA S.10 notice to prevent them storing/sharing data about me & a request for compensation for the data they have shared in the past

Just an update folks - came back from hols yesterday to find a Notice of Discontinuance. They obviously didn't have any documents and would have looked pretty stupid in court when asked to prove the existence of this debt. Would appreciate some help with a Data Protection Act Section 10 letter to stop them processing my data and especially to stop them passing this onto another DCA and having to start this whole rigmarole all over again.

Depends. Cat A, B & C write off can no longer have finance recorded against them, however Cat D can still be financed. E.G. if a car is stolen and turns up 6 months later none the worse for wear then there is nothing technically wrong with selling again and putting on HP even though original owner would have had insurance payout long ago. Hope this helps.

Ruling just says as neither party attended motion is dismissed. Would appreciate help with this one cos debt was a sold CC balance full of charges claimed by a DCA. Still going after OC for charges etc. If I win my case against OC would this provide a route to have this CCJ deemed null & void as debt was unlawful?

How they ever gonna know if I did or didn't get letter? Wasn't reg post or signed for just normal 1st class post. According to BBC 14 million items of post went missing last year alone.

Surely there must be some kind of appeal allowed. What if I was out of the country or in hospital at the time? Could I not fib about not receiving the court date letter?

Got CCJ re Cap 1 (debt composed entirely of charges) whilst out of country & duly applied for set aside on the basis I didn't receive Claim(fib) & have a valid defence(true - all charges!). Got a date at local court for a hearing and was advised by mate of mine who generally knows what he's talking about & used to work in a court that there was no need for me to attend & that set asides are normally a formality/rubber stamp exercise. Got a ruling yesterday from the court that says that as neither party showed up the motion is dismissed. What do I do now apart from never listening to my mate again? Any advice sincerely appreciated.

Poss also a challenge via Sale of Goods as goods are not as described. Did the order form & invoice issued by the dealer agree with the HP agreement on the mileage?

you are right Ron in that dealers can sell a car for whatever someone is prepared to pay however I have spent the last 4 years as a sub prime business manager at a large car supermarket and have dealt extensively with Blue and they have very strict criteria about the LTV they will advance and the maximum mileage they will consider. Blue also act as brokers for a firm called BCT so I would need to know if the deal was done on Blue's own paper or BCT's.

Dealers are allowed to finance the amount they want to sell a car at subject to certain restrictions. One of these is that they can only charge a percentage of Glass' Guide Retail Value (normally 100% but sometimes more depending on the FinCo, credit score of the customer etc.) Same principle as a mortgage i.e. you can't get a 200k mortgage on a 150k house. You would need to find out what the Glass retail value was in that month and what criteria the FinCo you used sets in that regard. If you PM me the name of the FinCo I may be able to tell you. If the loan sought was significantly higher than that which would normally have been offered on that car with the incorrect mileage you may have a 'get out' citing fraud on the part of the dealer.

If a lender finds you are deliberately lying on a credit application they have the option of registering this with CIFAS and marking you down as a potential fraudster. Unlike defaults, CCJs etc this data is rarely if ever removed from your file and pretty much scuppers your chances of ever getting credit again. I would advise against this.

Was the car bought from a Welcome Car Finance branch or at an independent dealer using Welcome for the loan? This could be very significant to the outcome.

Thx Docman - getting threads mixed up.

Response in to CPR letter. They do not feel I am entitled to the documents.

Sent acknowledgement of service back to Northampton stating that I intend to defend all of the claim. Date of N1 was 12/6/08. Waiting to hear back from solicitors so I can plan my next move, hopefully with a bit of help from the CAGers.

Car finance companies generally charge 2 different fees in relation to an HP agreement. The first one is a document fee (normally spread across the term) supposedly to reimburse the finco for the admin required to book the deal on to their system, digital imaging of fin docs, registering interest with experian etc. The other is an option to purchase fee normally payable with the last payment which actually buys the car from the finance company.