Diddled into giving back car HELP PLEASE!! bluestone/close credit management

[dx100uk]

yes you can reclaim

 

sounds like you were diddled to hang on a mo.

 

dx

[dx100uk]

you can reclaim the PPI and the unlawful charges

 

[late/missed/letter/phone/debt mediation]

 

i bet all those show.

 

i think it best you SAR them first

unless you have all the statements.

 

here is a text file i often refer too:

 

If this is a regulated hire purchase/conditional sale agreement where the car is specifically mentioned on the agreement,

and you have paid more than one third of the total purchase price,

they can only repossess the vehicle with either a court order or your consent.

 

if it is a fixed sum loan agreement (personal loan), no mention of the car at all, they can't touch the car,

 

they are stuffed as far as repo goes. they can't even obtain a court order for a repo,

 

the only way they would be allowed to take the car is if you gave them consent to do so.

 

if you initially gave consent by signing the VS form its ok,

but the key is that that consent is revocable.

 

In other words, it still has to exist at the time of repossession.

 

if they take the car, it is highly arguable that you had withdrawn your consent when they took the vehicle (otherwise why would you deny them access?).

 

If they did repo without your consent, then the good news is that the CCA requires them to repay you everything you have paid under the agreement,

including your deposit - so effectively you will have had a totally free car for the time you had it.

 

dx

[dx100uk]

what bit?

 

get that sar off first

 

library green tab top left

 

dx

[dx100uk]

we dont operate like that here

else how do people learn......

 

you are correct in what you are saying.

 

however, in this case, its the otherway around

he would like to get his payments back!

 

as for the bombshell he is paying CCM, that proves he has been cash-cowed.

 

the OC wrote this off years ago - or didn't even require anymore payments as the deal was done.

 

but sold ir on for some reason, khowing they would never get anything themselves

 

i bet CCM fired off a few scary letters or phone call or doorstepping

anf the OP fell for it.

 

this SAR is going to be VERY interesting reading.

 

dx

[dx100uk]

nope they will inherit all rights and contracts etc

 

dx

[dx100uk]

yes agreed

 

lets try and focus help to the op

 

dx

[dx100uk]

can you check your CRA file too

see my sig

 

i wonder if it still shows

 

should as you are still paying

 

dx

[dx100uk]

the idea of the cra file is to see if this debt is REAL

it might well not show - i bet it doesn't

 

pers.

i think you have been cash cowed

this debt was written off years ago

 

if it dont show - stop paying.

dx

[dx100uk]

well well how surprising!! NOT!

 

its darn shame you didn't record that call

admitting it was older than 6yrs - ruddy spoofers.

 

i'd write them a stern letter demanding all you payments back that you have made to them.

 

dx

[dx100uk]

sri what are you try ing to figure out?

 

they've offered a discount

so you def owe no-one anything anymore ......

 

dx

[dx100uk]

no bother we've got lots to investigate yet

 

i'll ask someone to pop as well

 

dx

[dx100uk]

thread tidied and atts sorted to one pdf above

 

dx

[dx100uk]

yea ok calm down bud....

 

we know how ppi works..

 

dx

[dx100uk]

you can still get the PPI back though

 

dx

[dx100uk]

post 1 says was still paying the reduced amount until the start of the thread

 

so not SB'ed?

 

dx

[dx100uk]

charges yes 6yrs

ppi no time limit

 

dx

[dx100uk]

pers i'd carry on with your thoughts

 

GG was confused i think

 

dx

[dx100uk]

post 23 is useful

 

dx

[dx100uk]

you need to get them on the changed agreement too [ppi being struck through]

 

if this is true

 

then the agreement is void.

dx

[dx100uk]

i'll do something later

that is by far not strong enough

they've had you blind

and with PPI

 

its absolutely disgusting that they admitted on the phone

that they had no paperwork

and you actually owed NOTHING

when they started to fleece you when they sent the doorstepper around.

 

more later.

 

dx

[dx100uk]

I've not got time to trawl the whole thing

 

you should

head your letter FORMAL COMPLAINT

put their ref number and the FNM a/c number.

 

I request you open a formal complaint through your complaint proceedure

upon the way yourselves & FNM plc treated me during the period from xx/xx/xx till today.

 

by

bullet point

spoofed into VS

spoofed into paying a debt not owed.

 

etc etc

no waffle

 

let them reply first before writing the chapter and verse

 

dx

[dx100uk]

yes must agree

 

if you look at the comms log carefully

they even make ref to the fact that they KNEW it was 1/3rd paid.

 

LO605 22/04/2005 term C/S reg 1/3 pd[registered 1/3rd paid]

 

also I notice they even noted YOU had the car in for repair - that's THEIR problem its an HP agreement [their car!]

 

dx

[dx100uk]

tbh the only issue for the formal complaint should be

 

They cannot take possession of goods under a HP agreement when there has been over one third of the credit paid unless the contract has been properly terminated and they have secured an order form the court.

 

If they do they have to refund all payments made under the agreement. This is your main argument in my opinion.

 

 

you unlawfully repo'd the vehicle

 

under the CCA act 1974 - give me all my monet back.

 

dx

[dx100uk]

you need to PDF attachments.

dx

[dx100uk]

your payments can only be reclaimed at simple int 8% not compounded AFAIK

 

the auction cost if it had additional int added and ran for months at their rate then that

 

dx