Hire Purchase - Rejection of Goods

[Hobbie]

Please list the months and the dates of the month that the payments were debited. I believe you noted that they've stopped taking the monies out of your account, when was this stopped?

 

Insurance is still paid to Halifax Car Insurance, as per terms of the agreement, that we must keep the vehicle fully insured. Payment is collected by DD each month on the 14th.

 

August 27th

September 27th

and each month there after on the 27th.

 

The finance company have agreed to stop collecting on the account as from 28th March, so the account is up to date.

 

Yes the repair is receipted and which was paid by cheque, a copy of the receipt and cheque which was presented for payment, all forwarded to the FOS.

[legalpickle]

Insurance is still paid to Halifax Car Insurance, as per terms of the agreement, that we must keep the vehicle fully insured. Payment is collected by DD each month on the 14th.

 

August 27th

September 27th

and each month there after on the 27th.

 

The finance company have agreed to stop collecting on the account as from 28th March, so the account is up to date.

 

Yes the repair is receipted and which was paid by cheque, a copy of the receipt and cheque which was presented for payment, all forwarded to the FOS.

Please put in a spreadsheet all payments debited with the dates thus far and attach to the thread. (Note: The dates of agreement may be up to 4 days out from the dates of the actual debits from your account - the latter is what's necessary.)

 

Does "The finance company have agreed to stop collecting on the account as from 28th March, so the account is up to date. " mean that no payment was made on 28th March or that no future payments will be made?

[Hobbie]

The mrs is more into the spreadsheets, so i'll ask her to go over all the bank statements and put a spreadsheet together which I'll hopefully post up here tomorrow morning.

 

I've checked InetBanking and they've not collected the direct debit for March, which is generally ALWAYS taken on time.

[legalpickle]

The mrs is more into the spreadsheets, so i'll ask her to go over all the bank statements and put a spreadsheet together which I'll hopefully post up here tomorrow morning.

Ok. When you post it, select "Manage Attachments" below the first "Submit Reply" button and then you can post the file onto your post.

 

I've checked InetBanking and they've not collected the direct debit for March, which is generally ALWAYS taken on time.

Wow! I'm surprised they may have kept their promise this time round and done something honest! I wouldn't be surprised if you get a default notice again though!

[Hobbie]

Legal Pickle,

 

As requested, here is a breakdown of the payments made to date, minus the £25.00 charges, which was removed by the company as previously stated.

 

Thanks.

Payments Uptil 31-03-09.xls

[HSBCrusher]

job done hobbie

[Hobbie]

Thanks HSBCrusher! Now just wait for LP to hopefully check it for me.

[legalpickle]

Legal Pickle,

 

As requested, here is a breakdown of the payments made to date, minus the £25.00 charges, which was removed by the company as previously stated.

 

Thanks.

So far so good. Your insurance policy will be a 1 year policy and it will be hard to get out of it without penalty, so how much is the policy for the whole year?

 

I'll write that it may be possible to get some of the monies cancelled when the policy can be cancelled however the policy cannot be cancelled till the vehicle is returned, thus this can only be calculated accurately once the vehicle is returned. As the finance company has refused to take the vehicle without that being in "full and final settlement" the insurance must continue to run. When the vehicle is taken back, advice can be given on how much exactly has been incurred for the policy.

 

Next, in the spreadsheet there is no mention of the repair charge and the date it was debited from your account. Please advise the amount again, and the date, and I'll put it into the spreadsheet.

 

Next, can you look into getting a reliable local garage to do a reliably written, well worded, breakdown of the faults with the vehicle? I am sure you can get this done for £100 or so. If you can my guess is that it would be worth it. Make sure to get an invoice if you do get this. It should be a reputable garage.

 

The reason I say this is I have considered everything and think it may be worth writing to the finance company stating the insurance problem and stating that you are not willing to have the vehicle taken away in "full and final settlement" but that they would incur additional costs as long as you continue to have the vehicle in your possession, therefore it is in their best interests to take the vehicle as soon as possible. BUT I want you to have substantial evidence as to the vehicles condition prior to doing this. It's only a thought, I may be wrong as to what's most viable, but consider it and look around.

 

Let us know.

[Hobbie]

So far so good. Your insurance policy will be a 1 year policy and it will be hard to get out of it without penalty, so how much is the policy for the whole year?

 

The total policy amount is £396.00

 

I'll write that it may be possible to get some of the monies cancelled when the policy can be cancelled however the policy cannot be cancelled till the vehicle is returned, thus this can only be calculated accurately once the vehicle is returned. As the finance company has refused to take the vehicle without that being in "full and final settlement" the insurance must continue to run. When the vehicle is taken back, advice can be given on how much exactly has been incurred for the policy.

 

Agreed.

 

Next, in the spreadsheet there is no mention of the repair charge and the date it was debited from your account. Please advise the amount again, and the date, and I'll put it into the spreadsheet.

 

The cost to repair the vehicle is listed in colum Q:4 and forms part of the total in M:17

 

Next, can you look into getting a reliable local garage to do a reliably written, well worded, breakdown of the faults with the vehicle? I am sure you can get this done for £100 or so. If you can my guess is that it would be worth it. Make sure to get an invoice if you do get this. It should be a reputable garage.

 

This was seriously considered, but due to the cost as the vehicle doesn't drive, electronics come on, but engine won't start. So we'd have to pay for a front lift trailer to take to the garage, and because we have no guarantee that we would receive a refund at the end of the day we deemed not a suitable option, however. We did request the finance company to make arrangements when it was claimed by them that the vehicle was not faulty, we pointed out to them that it was not for us to prove it was faulty, but for them to prove it wasn't. Still the finance company refused this option.

 

The reason I say this is I have considered everything and think it may be worth writing to the finance company stating the insurance problem and stating that you are not willing to have the vehicle taken away in "full and final settlement" but that they would incur additional costs as long as you continue to have the vehicle in your possession, therefore it is in their best interests to take the vehicle as soon as possible. BUT I want you to have substantial evidence as to the vehicles condition prior to doing this. It's only a thought, I may be wrong as to what's most viable, but consider it and look around.

 

Let us know.

 

I don't want to give them the vehicle back unless we get a full refund of all monies paid, as if we return it without the proof the vehicle is faulty it becomes our word against theres. If the finance company agree to refund all monies including insurance then I’d be more than happy for them to come and collect it.

 

Thanks

[legalpickle]

The total policy amount is £396.00

 

 

 

Agreed.

 

 

 

The cost to repair the vehicle is listed in colum Q:4 and forms part of the total in M:17

Sorry, didn't notice it.

 

 

 

This was seriously considered, but due to the cost as the vehicle doesn't drive, electronics come on, but engine won't start. So we'd have to pay for a front lift trailer to take to the garage, and because we have no guarantee that we would receive a refund at the end of the day we deemed not a suitable option, however. We did request the finance company to make arrangements when it was claimed by them that the vehicle was not faulty, we pointed out to them that it was not for us to prove it was faulty, but for them to prove it wasn't. Still the finance company refused this option.

 

 

 

I don't want to give them the vehicle back unless we get a full refund of all monies paid, as if we return it without the proof the vehicle is faulty it becomes our word against theres. If the finance company agree to refund all monies including insurance then I’d be more than happy for them to come and collect it.

Ok. I agree with the latter bit, which would be solved if a survey of it was done. I could not guarantee that the cost of a survey would be reimbursed but believe it would be. However considering the added expense of a tow each way, I agree it's most likely not viable.

 

Thanks

No problemo.

 

I'll try to get the letter done tonight, if not then it should be done tomorrow some time, latest tomorrow night.

[Hobbie]

I'll try to get the letter done tonight, if not then it should be done tomorrow some time, latest tomorrow night.

 

Thanks for your kind advice, once this is finally put to bed, i'll get you a bottle of Dalwhinnie 15.

[legalpickle]

Thanks for your kind advice, once this is finally put to bed, i'll get you a bottle of Dalwhinnie 15.

Thanks for the very nice offer. All advice and help given in this forum is entirely free and as a gesture of goodwill of those who give the advice. I cannot accept anything for it. Instead of getting me a Dalwhinnie 15, please donate what you would spend on the whisky - and more if you can - on donating money to CAG so that it can continue it's excellent work so that people like me can contribute and help others.

 

Draft letter due tomorrow night latest, as promised.

[legalpickle]

Sorry for the delay.

 

Please see attached.

interest calc.xls

proposedletter-02042009.rtf

[MARTIN3030]

Ok done

[legalpickle]

Ok done

Thanks Martin for approving attachments.

 

Hobbie,

 

Any questions? Anything you think should be added? There are several gaps in the letter which are in for you to fill in, remove the when you do so.

 

I doubt you'll get £500 compensation, I think it will be about £200-£350, but always better to ask for more.

 

Please keep us posted.

 

Don't hesitate to ask if you want any more advice or help.

 

I'm looking forward to the complaint being resolved so that you can tell us who the finance company is!

 

Good Luck,

legalpickle

[Hobbie]

LegalP,

 

Thanks for the spreadsheet and the letter, both of which I've now had a good chance to look over.

 

Everything looks fine, but slightly concerned about the number of times "demand" is used within the letter, plus one paragraph appears to be dictating to the FOS telling them how to do the job [i would recommend that the FOS notifies the OFT....]

 

Plus...

 

".... such a ridiculous company." Is it not best to keep personal opinions and name calling out of the complaint?

 

Thanks

[legalpickle]

LegalP,

 

Thanks for the spreadsheet and the letter, both of which I've now had a good chance to look over.

No problemo.

 

Everything looks fine, but slightly concerned about the number of times "demand" is used within the letter, plus one paragraph appears to be dictating to the FOS telling them how to do the job [i would recommend that the FOS notifies the OFT....]

I disagree with this opinion. The demands are made against the finance company, rather than the FOS. Also, it is the responsibility of the customer to alert the FOS to any problems in the case, as it is the responsibility of all parties to court claims to assist the Judge in understanding the claim. You are merely advising them of every relevant fact.

 

Plus...

 

".... such a ridiculous company." Is it not best to keep personal opinions and name calling out of the complaint?

Nope, it shows how frustrated you are and could assist you with getting more compensation. Obviously if you called them a bunch of lying thieves it may be pushing it .

 

Thanks

No problemo.

 

Please keep us posted.

[Hobbie]

In that case... thank you very much

[Hobbie]

LegalP,

 

All changes made (added company name) printed, and posted. Just need to wait for a responce from them now.

 

In the mean time do you suggest any correspondence with the finance company, just letting them know we refuse the "kind" offer of returning the vehicle in full and final settlement or just leave it?

 

Thanks

[legalpickle]

LegalP,

 

All changes made (added company name) printed, and posted. Just need to wait for a responce from them now.

 

In the mean time do you suggest any correspondence with the finance company, just letting them know we refuse the "kind" offer of returning the vehicle in full and final settlement or just leave it?

 

Thanks

The response from the FOS should be a short acknowledgment letter.

 

Nope. No need to bother with writing to the finance company. They'll get the message.

[Hobbie]

Hi,

 

Just a quick update.

 

Received confirmation from the FOS that they've received the additional documents.

 

Thanks

[legalpickle]

Hi,

 

Just a quick update.

 

Received confirmation from the FOS that they've received the additional documents.

 

Thanks

Great. Please keep us posted.

[Hobbie]

Monthly update.

 

I have contacted the FOS via telephone and it is still with the Case Work team awaiting an adjudicator. Shouldn't be much longer within a month I am told....

[steven4064]

Did they say which month?

[Hobbie]

No, but I am hoping before end of July.... Although one can only live in hope.