Sharon V On:Line Finance **WON**

[bearo]

Hi there,

Just need some advice really, have several claims going on right now and have taken this one on for my husband....

 

He has a car loan with this company who i believe are part of GMAC now... anyways, loan was for something like 14,000 :o and they amounted charges for £568.00 on top of loan at the end for things like missed payments sending letters etc (£30.00 a pop!!) Long story short, have sent a S.A.R - (Subject Access Request) on 07/08/06 and they cashed cheque, rang to find out where statements etc were and have been fobbed off, rang again today and a nice lady said she'd priont it all off and pop it in post, I referred to my letter saying I needed details of manual intervention etc, but she was completely lost on what I was telling her lol!!!

 

So she is going to track down the orginal letter and phone me back ( ya right I will believe it when i see pigs fly!!)

 

Anyways my question is this, if I want a copy of the loan agreement, do I need to send a seperate letter quoting the CCA and send £1.00?? Also If we find that they cannot supply the orginal agreement (which i suspect they cannot) what happens then? , have been reading and readin this site and various posts but as everyone has a slightly different case thought I would just ask my case straight out... if you can point me in the direction of an answer thats great if not pleasse help.

 

Thank you!

Sharon

[bearo]

well pigs did fly! She phoned back to say they cannot find the orginal letter i sent (sar) and could i refax if, I re emailed it to her and used the opportunity to email a CCA request also for loan agreement, who knows it might work!

Any advise on my previous question would be gratefully appreciated!

[bearo]

anyone?

[bearo]

is there anyone here??????

[jonni2bad]

Firstly, please stop bumping your own thread - 4 times in less than a day is more likely to get you ignored than recognised.

 

If you are suggesting that a missing piece of paper gives you the right to ignore a debt that you clearly know to be yours and valid, then you are asking for help on the wrong website. We do not condone any action which would suggest it is fine to avoid paying back something you know you should.

 

The charges imposed are a separate issue. If they have charged you more than it costs them to deal with the late payments etc etc then yes, reclaim them in the same way as you would bank charges.

[bearo]

wow sorry, i didnt mean to bump the thread 4 times, for some reason it posted my bump twice, i didnt do it intentionally, thank you for replying, i wasnt suggesting that a missing piece of paper gives me any right to ignore a debt, it was just i was reading some posts about original loan agreements not being found by the company and couldnt quite follow what some people were going after regarding this. Sorry my thread was bumped so many times!

[bearo]

well following some chasing up - and reading non compliance letter over phone to online finance received statements today - including all screen shots of calls - some of it is complete rubbish-

they owe 568.00 in charges. Pelim letter in post tommorow morning.

[bearo]

Actually some help would be really good on a question i have, during the course of our agreeement with online finance a baliff was sent round to take back to car due to non payment of monthly payment, this charge has been applied to the account, can I claim this or should i leave it out? Any advice much appreciated as i want to get this in the post tonight,

Thanks

Sharon

[jonni2bad]

I believe that 'reasonable' charges for this are not reclaimable. If you believe that the charge was excessive, you could at least ask for a breakdown of theri expenses though....

[bearo]

ok i think i will leave it out as i dont want to add something (£60.00) for it later to be thrown out as that charge is reasonable. Thanks Jonni.

[bearo]

lba posted today, didnt get any responce to pelim! Lovely!

[jonni2bad]

There will come a point where they finally take the time to respond...

[bearo]

Well you were right Jonni, they replied 29th Sept,juts osme advice needed if you would.... this was a hire purchase credit agreement. I believed from what I read on the site when I started that i could reclaim for these charegs also.

The reply i got today was....

 

The OFT regulations refer only to £12.00 limit on default cxharges incurred by creidt cards. The agreement you entered into with us was a conditional sale agreement regulated bt the consumer credit act 1974, which was inclusive of clauses whereby you agreed to indemnify us for any costs incurred. A tariff of these charges was included with your welcome pack at the beginning of your agreement. We must therefore aver that you have agreed to pay these charegs from the outset and thus do not accept your claim for re-imbursment"

Is this the standard fob off letter? I did apply for the original agreement under the cca at the beginning and also a sar request.

Should i have used another template as they refer to the consumere credit act???

Ughhh!!!

Thanks any help appreciated

 

Sharon

[jonni2bad]

Standard reply. If they would like to show you the evidence of their costs, that's another matter.

[bearo]

Great Jonni thanks for your reply, I am just a bit wary of finanace companies as opposed to reclaiming bank charges but I suppose its all the same right? Thanks for replying so quickly.

[bearo]

Small claim issued on 16th Oct.

[bearo]

Well Online Finance failed to acknowledge, have filed a judgement today...my guess is it will take a baliff to get payment from them, lets wait and see!

[jonni2bad]

Excellent news Sharon - let's see if they play the ignorance card and apply for a stay!

[bearo]

I reckon they will Jonni, I had a sneaking feeling they wouldn't bother to acknowledge, but I will be suprised if they don't apply for a stay...time will tell..

[Milo19]

Hi there Ollie. When you got your staements, could you tell what the codes mean? I have a list of payments and no explanation.

For example: DDM, ML, DDB, PDQ, PAY, MLA

 

Any ideas??? - I have statement of charges and statement of account!

[bearo]

i will pull out the paperwork and get back to you today on it!

[Milo19]

any news olliebear?

[bearo]

Ah! Forgot! I will nip upstairs now and have a look.

[bearo]

I havent got a list of what they mean, although I have a fair idea of what then mean if that makes sence....for my schedule of charges I used the statement of charges and put their "detail" column as my reason for charge i.e let1w, ddb, let2w, defnow...etc...does that help any?

[gollum237]

I'm glad i'm not the only one having issues with on:line, they have to be the worst company ever.

I paid off my car 2 years ago and sent a 1st request for £763.00 off on the 25th Oct. They wrote back saying I owed them £301.00 and have 2 weeks to pay. Until then the car belongs to them!

Cheeky ****. I have a stupid screen print that shows I owe them nothing at all.

 

I'm waiting to send the LBA now and am quite happy to see them in court, the worst that can happen is they can win £301 against my £763 + interest but I don't see how even that is possible.

 

I am really annoyed.