Backdoor Cabot/Marlin 2005 CCJ for old BCT car finance remainder after vt . not paid since 2005!!

[just_jue]

Hi, Have I read it right, that we have been paying interest on the acceptance fee?

If so that would make the agreement invalid?

 

Thanks

 

just_jue

[iddles10]

Some harassment by telephone can be avoided. There are machines that can screen your calls to your landline - 'trueCall' etc.

 

Also, there are software that can screen calls to your mobile phone - 'BlackBaller' (by killermobile.com). This is 100% reliable, in my experience. You can ban withheld numbers, and specify particular numbers for instant rejection, so the caller gets instantly cut off.

 

If you want to record calls to your mobile - 'TotalRecall', also from killermobile.com. Not all mobiles are able to download this software, and the software isn't perfectly reliable and has it's limitations, but it very nearly always works for me. If you are relying on the TotalRecall software to record ALL your calls - don't.

 

If you have a number that continues to call you, that you don't recognise - 'whocallsme.com'.

 

I suppose, though, the best approach would be to change your number with them before you attempt any action etc. Halifax have ignored my formal requests for them to stop calling me up to 7 times a day. It's not right, but they do because the laws are vague if they believe (and would convince a court) that you actually owe them money. But, I put pay to them! Yay!

Edited July 8, 2009 by iddles10

[dx100uk]

because Harassment Laws allow them to continue to contact you if they are chasing a debt,

 

really?

 

what law is that, the law unto themselves.

 

fire off the letter they are NOT allowed to harrass you!

 

dx

[just_jue]

Hi, I have had no response to my last letter, but worrilingly I have a letter from them saying as they are going to instruct their client to start bankruptcy proceddings against my O/H.

What would be the best way to play it now?

 

Thanks

[harrassed senior]

I would wait and see exactly what they send next. You could also make a complaint to OFT and Trading Standards as there is an ongoing 'watch' on these types of companies who are using the threat of bankruptcy to force payments to be made.

[just_jue]

Hello everyone,

 

Sent off a CCA request to a DCA regarding car finance, they have replied with just one page of the 9 .

Will this do as an agreement or which letter do I send regarding the other 8 pages?

 

Thanks in advance

[vint1954]

Can you post up what you have received.

[Bazooka Boo]

http://www.consumeractiongroup.co.uk/resources/templates-library/86-debt-collectors/582-possible-letter-when-a-questionable-agreementapplication-is-sent

 

However that is only a possible letter to send, IMHO I would withhold all future payments to them, as they have failed to produce a legally enforceable document.

 

They can huff and puff all they like, but until they do, then you can legally withhold payment. I wouldn't waste my time telling them, let them wind themselves up over it, just ignore them.

[just_jue]

Hi, this is what they sent and their covering letter

http://i718.photobucket.com/albums/ww185/just_jue/BCT.jpg

http://i718.photobucket.com/albums/ww185/just_jue/BCT.jpg

[vint1954]

To my untrained eye, it looks ok.

 

Hopefully someone else will be along soon.

[Uptotheneck]

I have had the same, just the CCA, but I am sure they should send you T's & C's and a statement too?

 

Regards

 

David

[Bazooka Boo]

Yes they should send you the T&C's, I've asked another member to have a quick look and give their opinion, should be along shortly;)

[vint1954]

Yes they should send you the T&C's, I've asked another member to have a quick look and give their opinion, should be along shortly;)

Yes spot on, missed that.

[IdaInFife]

they should send the t and c's and statement too but that in itself would not render the agreement unenforcable.

 

the prescriber terms on the agreement and it does refer to the t and c's and presume all the letters with be numbered.

 

you can certainly write back and ask for the terms and conditions but the agreement itself would be enforceable

 

ida x

[Bazooka Boo]

Cheers IDA, was about to trouble postgii for his opinion!

[just_jue]

Just received a letter regarding the SAR I sent, it was dated 10 days after they received it, when does the 40 days begin? Is it the day I sent or the day they acknowledged receiving?

 

Thanks

 

JJ

[clemma]

I'm sure it's 40 days from the day you send it - and that's 40 working days.

[postggj]

its 40 days from confirmation on royal mail track and trace

[just_jue]

Hi, still had nothing regarding the SAR, what is the best letter to send now.

 

Thanks

 

JJ

[sillygirl1]

None, just leave them alone.... you are not the ones in default, they are. Should they write to you again then you can send the YOU HAVEN'T COMPLIED letter.

[just_jue]

Right, they have finally sent all the paperwork (about 60 pages).

Just had a quick look and some of the figures:

 

Opening Balance: 10,157.90

Total Payments made: £5,515.96

Total Charges: £1562.42

 

They have also sent all the paperwork for the Broker Commission and how much he was paid for the deal- £1341.66.

 

What would be the best course of action now?

 

Thanks in advance

 

JJ

 

Anyone please

[postggj]

was the broker comission on the agreement or have you only just found out about it

[just_jue]

Hi, just found out about it, didn't get any paperwork when we signed up for the car.

Thanks

 

Through reading other post, we should of been told about any broker fees otherwise it makes the agreement invalid.

Is this true or have I read wrong?

 

Thanks

 

JJ

Edited January 24, 2019 by dx100uk
merge

[postggj]

you are corect

if a broker fee has been added and not declared to the borrower,

it makes the agreement invalid

 

wilson v hurstanger

 

can you post up the document on the commission payment

[just_jue]

Hi Post,

Thanks for that, I am just scanning some of the paperwork for someone to look over for me.

Thanks

 

JJ

 

http://i718.photobucket.com/albums/ww185/just_jue/bct/agreement1.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/agreement2.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/payment1.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/payment2.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/payment4.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/payment5.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/statement1.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/statement3.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/statement2.jpg

http://i718.photobucket.com/albums/ww185/just_jue/bct/payment3.jpg

 

Thanks

JJ