Rbs Partner Compnany - Car Finance

[surfaceagentx20]

Yunno what? I'd let the idiots take the car.

 

Under Consumer Credit Act 1974 section 90, if you have paid one third or more of the total price for the car, the car becomes 'protected goods'. That means the car can not be recovered without a court order.

 

The consequences of a breach of section 90 are spelled out in Section 91.

 

Section 91 says:

If goods are recovered by the creditor in contravention of section 90

(a)the regulated agreement, if not previous terminated, shall terminate, and

(b)the debtor shall be released from all liability under the agreement, and shall be entitled to recover from the creditor all sums paid by the debtor under the agreement.

 

Getting all your money back and release from all liability sounds a great plan. So as I say, let 'em. (Only don't sign a piece of paper saying you consent to them taking the car back).

 

x20

[jjandbump]

its a long story.

 

we have had some money problems and got in to arrears with our hp on our car, we have had it 3 years and paid well over 1/3 probably actually we have paid at nearly 2/3.

 

we got an visit in may from their door step re he ACCEPTED a payment of normal payment £156 + £100 a month off the arrears.

 

 

 

we paid in may £260, in june we got a credit for them for charges at £380.00 that shouldnt have been applied, i called the credit showd as a credit, we had no money so we used that towards the payment. Leaving £120 excess, in august we paid them £360 + 50, this with the excess fromlast month brought us to date. This months payment has been paid at £260. bringing the arrears to £220 this will be cleared in 2 months if we pay an extra £10 a month. We have jusdt had a call from BPO collections saying that we owe £960 in arrears, the payment only went for this month yesterday so it may not have been taken off yet. But however what has happened here.

 

We have been in contstant corrospendence with caapital bank explaining they accepted the offer what is going on they have not answered one (all were sent recorded delivery and signed for), one with augusts payment stated that we had offered and the offer was accepted by philip drew asnd cashing f this cheque confirmed their acceptance of this offer. they cashed the cheque i got a letter saying, they cashed it but they wouldnt accept the offer. Now wer are being hounded.

 

Tonight the rude little s**t from BPO said that if we didnt surrender the car (which we dont want to do as we willbe clear in 2 months) but he said right u will issue a court order and in my experience the judge wnt even listen to you and will always take the car. I said that i have requested statements and they have not come, he was very mcuh trying to get me to say i was surrendering the car. we have worked hard to pay this much off and am not prepared to give it up now.

 

i told him that the discussion was over and if they wanted to corrospond any further i would only do so in writting, i offered the same agrrement and he said no full amount or surrender the car. Its not even worth anything really we'd have to pay still after its gone, but its a car that gets us about,

 

please can you advise me at all, very worried and concerened i will write tommrow to capital bank requesting a statement again, and saying my point that they agreed an arrangement and now they are getting us hounded and clearly charged us through the nose.

 

your help would be appreciated.

 

Thanks

[jjandbump]

its a long story.

 

we have had some money problems and got in to arrears with our hp on our car, we have had it 3 years and paid well over 1/3 probably actually we have paid at nearly 2/3.

 

we got an visit in may from their door step re he ACCEPTED a payment of normal payment £156 + £100 a month off the arrears.

 

 

 

we paid in may £260, in june we got a credit for them for charges at £380.00 that shouldnt have been applied, i called the credit showd as a credit, we had no money so we used that towards the payment. Leaving £120 excess, in august we paid them £360 + 50, this with the excess fromlast month brought us to date. This months payment has been paid at £260. bringing the arrears to £220 this will be cleared in 2 months if we pay an extra £10 a month. We have jusdt had a call from BPO collections saying that we owe £960 in arrears, the payment only went for this month yesterday so it may not have been taken off yet. But however what has happened here.

 

We have been in contstant corrospendence with caapital bank explaining they accepted the offer what is going on they have not answered one (all were sent recorded delivery and signed for), one with augusts payment stated that we had offered and the offer was accepted by philip drew asnd cashing f this cheque confirmed their acceptance of this offer. they cashed the cheque i got a letter saying, they cashed it but they wouldnt accept the offer. Now wer are being hounded.

 

Tonight the rude little s**t from BPO said that if we didnt surrender the car (which we dont want to do as we willbe clear in 2 months) but he said right u will issue a court order and in my experience the judge wnt even listen to you and will always take the car. I said that i have requested statements and they have not come, he was very mcuh trying to get me to say i was surrendering the car. we have worked hard to pay this much off and am not prepared to give it up now.

 

i told him that the discussion was over and if they wanted to corrospond any further i would only do so in writting, i offered the same agrrement and he said no full amount or surrender the car. Its not even worth anything really we'd have to pay still after its gone, but its a car that gets us about,

 

please can you advise me at all, very worried and concerened i will write tommrow to capital bank requesting a statement again, and saying my point that they agreed an arrangement and now they are getting us hounded and clearly charged us through the nose.

 

your help would be appreciated.

 

Thanks

[berrylover]

Not very sure what to advise but I am sure someone will be along soon who can help you. Good luck

[Robot_roo]

You may have to look into this but the council tax bailiff once told me that the courts will not take a car if its less that £5000 in value , as it would cause even greater hardship. Im not sure how valid his statement was though, Im sure someone on here will know!!

[Robot_roo]

Im sure someone on here will pop along and know all about hp agreements, in fact im looking forward to it too, as I would love to know a bit more about this too!!!

[surprise]

If you look at your agreement it tells you at what stage that they can repossess but by the sounds of things you are well in advance of this. They will have to get a repossession order first, and don't believe what they say about what courts will and won't do. I would also have a look at reclaiming the charges back as these are unlawful just like credit card charges. I would do a SAR which will cost your £10.00 you can adapt the bank letter to suit your needs. You will need to send this recorded delivery. Don't sign your letter, just type your name. You will need to send this to the Finance Company, also I would send the Harassment by phone letter.

[jjandbump]

thanks, i sent the SAR last week, as i wanted to have copies incase they got funny had a 6th sence i think, i will know from the statement what the cahrges are. thanks i have been in a real state, I thought this would be the case, we have made loads of confirmation letter and they ignore anything.

 

Still any further advice would help

[surprise]

After 30 days do them a reminder and tell them that you are still awaiting the documents as a result of the SAR. If for any reason after 40 days they don't send you anything you can report them to the ICO. I had to do this with Goldfish and the ICO do actually contact the creditors.

As they have threatened you with repossession tell them that they have to get a court order first. I was advised by GAG to do this when my daughter was having problems with GE Money and they threatened twice to take repossession.

[surfaceagentx20]

From what I can tell from the information you have provided, they haven't served a default notice. No default notice = no right to return of vehicle. Plus, with one third havnig been paid off, the right to the car (following service of a default notice) will only be exercisable under an order of the court. And you seem close to bringing the account up to date.

 

Since the car constitutes protected goods, you might want, with care, to go along with the creditor's deceit that the car must be given up. There are bonuses to be had and I sniff this might be possible if your cards are played in the right order.

 

If releasing the car in exchange for a right to a lump of cash is of interest, say here, and this can be developed.

 

x20

[jjandbump]

the original hp was for 8995.00 after 9 months we tried to rejrct the car as its had 30 faults 9up to now) they wouldnt help,

 

we have £3200 to pay off now. but the cars book price is only about 3000, i need a car to get to work and get kids about to child care school etc. your help would again be most appreciated

[blind-as-a-bat]

I see what x20 is getting at here;)

 

May i suggest you have a very close read of your agreemant you may then see what s/he is getting at too:D

[jjandbump]

We had a car on finance from Capital Bank that are now RBS.

 

We called the office and made full and final payment as agreed by BPO on the 23rd June 2009, which cleared my account on the 24th June. There was also an additional £0.35p debit card use charge which was taken.

We are desperately trying to sell this car as we have spent thousands upon thousands on it; due to the fact the Capital bank neglected to help us, and breached the sale of goods act. The record s they keep were jumbled and inaccurate.

However my complaint is that we paid this and are trying to sell this car as we can not keep paying the costs of the repairs which keep being required.

Today we had a buyer for the car at £1900.00 he came with the cash to buy and take the car, he asked to do a HPI check as he came to my office, we went in and done one, knowing I had paid as agreed with you (BPO). It was furious, embarrassed and needless to sale the guy was no longer interested when it flagged up “finance still outstanding”. We even had a letter from BPO yesterday (which is at home) to confirm “the account was paid in full and closed”!

I called Royal bank of Scotland collections where is spoke to **** who said that BPO have total control no payments have been made and so they wouldn’t do anything.

On calling BPO **** informed me that the last payment we made was of £360.00 directly to Capital bank and the account had been returned to them. I then went on to online banking and found the Debit card transaction of £400.35 which cleared the account on the 24th July - PAid to BPO COLLECTIONS LTD ; she then went to speak to Patrick. With this she said she had to contact capital Bank Plc and I could call back in half hour to see what is happening. I called back and was told that she is waiting for Michael to call back from the Royal Bank of Scotland Head office.

1) We have now lost the sale on the car of £1900.00, so how do you intend to compensate us as this has only happened due to your administration failures.

2) I want confirmation that the HPI check is appearing as clear

3) I want any credit record marks put as default to be removed

For the record I Andy at Capital Bank have said that this is all down to BPO.

This letter has been sent to both parties; BPO and RBS.

What do i do, they have lost me a sale of the car that in this economic climate is not easy to find and put bad marks on my credit file.

PLEASE PLEASE any help and advise would be Massivly appreciated

[Pinky69]

The problem here is that Capital Bank may not have anything on record to say the last payment was in F&F settlement. These things should always be done in writing so you have a record of it and so does the bank. You make the proposal for F&F with any conditions you have eg the account will be closed and not passed on to a third party, you will receive a receipt confirming payment was received in F&F and no adverse entries will be made in your credit reports. Payment is made by a third party as witness to the transaction ie you give the money to a friend and they write the cheque for you. The creditor then replies that your proposals are acceptable and then you pay and get the required receipt. It looks as if you are going to have to get BPO and Capital Bank to talk to each other so that BPO can confirm they agreed on F&F