Consumer Credit Act - Threshold of Success

Consumer Credit Act - Threshold of Success

Postby huntingross » Mon May 25, 2009 5:26 pm

I'm posting this now as it is moving in the right direction, and will move it (hopefully to Success Stories) according to future developments.

The Story so far.

I bought a new car just over 5 years ago, on an HP Agreement.

In the showroom I signed the agreement and the showroom manager signed it to witness my name (this is an unexecuted or improperly executed agreement)

A few days later, a copy of the agreement came through the post with the signature of the Finance Company in place.

At this point this became a "properly executed agreement" under the Consumer Credit Act 1974.

I then filed this and forgot about it, paying my monthly payments without fault for the entire duration of the Agreement (60 months).

However, remembering that the Agreement term finished in early 2009, I dug it out of my filing system and checked the date to find out exactly which month would be the final payment. Having recently read on here about dodgy signatures, I paid a little more attention to it than normal and found there wasn't a single piece of written information on the copy which wasn't forged.

I sent a copy of both documents to a colleague in the Trading Standards Department for some legal advice, telling him it wasn't a "properly executed agreement" under the CCA 1974 and that under Section 23 and 24 of the Bills of Exchange Act, liability lay with the person who fraudulently executed my signature.

In other words, I'm entitled to all my money back to date and they are entitled to their car back, all in accordance to the CCA. Additionaly (IMO) I'm keeping the car because the liability for the debt, therefore the residual value of the car, lies with the person that purported to be me by forging my signature (BoE Act 1882 S23).

To my surprise the Trading Standards Department is taking the case forward, and I meet them tomorrow....so I don't even have the hassle of pursuing the case.

I shall post paperwork when I have a conclusion to this matter.

To be continued.
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Re: Consumer Credit Act - Threshold of Success

Postby Veronica » Mon May 25, 2009 5:39 pm

Nice one, HG!

There are 100,000 cases outstanding under the CCA.
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Re: Consumer Credit Act - Threshold of Success

Postby booibooi » Mon May 25, 2009 6:41 pm

Good evening everyone,

Ive been that busy sorting my loans/cards out i forgot about this :puzz:

I have a question,

I bought a ford transit van dec 07 returned it very faulty feb 08 thats the easy bit,

The garage exchange it for a mercedes van a bit more money in which i paid the difference (straight forward)

The bank said that if i pay the difference then the origional paper work need not be changed as the finance side hadn't altered,

I never signed to say i'd swapped the vehicle as the garage said they would take care of it,

I requested a copy of my agreement a few months later and an agreement for a ford transit arrived!!!!!!!!!!!!!

i contacted the bank to ask them for my new agreement for the merc which i knew didnt exist,
The bank says stop worrying its all taken care of at their end but i aint signed nothing

if i stop the payments they would try an reposses a FORD TRANSIT as per my agreement which i dont have anymore

Im sure they have paper trails for the swap between the garage and themselves

They have put a marker on it with HPI saying that its on finance but i aint got jack shit to say it is

Anyone got any ideas where to go with this

Thanks peeps
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Re: Consumer Credit Act - Threshold of Success

Postby huntingross » Mon May 25, 2009 8:23 pm

I think Tigs would nail this one, but haven't seen her around for a bit.

When is the last time you've heard this...I'm no expert on this but....but I'm not.....I would say the paperwork should have been changed for the very reason you have identified.

What proof other than hearsay do they have that its their van, was any paperwork amended, issued....etc.
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Re: Consumer Credit Act - Threshold of Success

Postby booibooi » Mon May 25, 2009 9:02 pm

huntingross wrote:I think Tigs would nail this one, but haven't seen her around for a bit.

When is the last time you've heard this...I'm no expert on this but....but I'm not.....I would say the paperwork should have been changed for the very reason you have identified.

What proof other than hearsay do they have that its their van, was any paperwork amended, issued....etc.



Hi,

I have nothing wotsoever to say i swapped the van,nothing signed zip nada nothing,

The garage have something for their records a refund/exchange note or similar

From what i can gather they should of cancelled the agreement and started a fresh one but they didnt,because the payments hadn't changed
When i contacted the bank they said i had changed the vehicle in sept 08!!!!!!when in fact i changed it feb 08

i keep ringing therm to send me my agreement and the ford one keeps arriving :thinks:

My written agreement is for a ford tranny thats all i have
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Re: Consumer Credit Act - Threshold of Success

Postby huntingross » Mon May 25, 2009 9:43 pm

I think you're right then....stop paying, there is no "enforceable agreement" under the Consumer Credit Act 1974 as I understand it.

Let them prove their claim.

If they applied to the Court for enforcement, as it stands at the moment, I only see the transit getting re-called....but wait....they already have it.....doh.

Infact, muddy the water....sell it....and get a different van....trade it in....
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Re: Consumer Credit Act - Threshold of Success

Postby booibooi » Mon May 25, 2009 9:49 pm

huntingross wrote:I think you're right then....stop paying, there is no "enforceable agreement" under the Consumer Credit Act 1974 as I understand it.

Let them prove their claim.

If they applied to the Court for enforcement, as it stands at the moment, I only see the transit getting re-called....but wait....they already have it.....doh.

Infact, muddy the water....sell it....and get a different van....trade it in....




LOL,

Ive thought of that already,i need to be 100% sure before i go down that road,

The van shows up on hpi as having outstanding finance,so selling it or trading it at the minute is a bit of a no no

The transit van is actually on finance to a dude down south so he might get a shock when the repo bro's show up :giggle:

The bank says its legal to do this sort of thing!!!!!!!
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Re: Consumer Credit Act - Threshold of Success

Postby huntingross » Mon May 25, 2009 10:18 pm

Give it to the Trading Standards to sort out....let them do the leg work.

What is hpi....and if it shows up on it...what does it show up...?
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Re: Consumer Credit Act - Threshold of Success

Postby booibooi » Mon May 25, 2009 10:21 pm

huntingross wrote:Give it to the Trading Standards to sort out....let them do the leg work.

What is hpi....and if it shows up on it...what does it show up...?



Hpi shows up that the van is on finance,though nothing is in writting

Tried trading standards they were useless :cry:
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Re: Consumer Credit Act - Threshold of Success

Postby huntingross » Mon May 25, 2009 10:45 pm

How far through the agreement are you....is it half way through they can't take it off you without a court order (enforcement)

I don't honestly see how an agreement on the wrong vehicle is a properly executed agreement....
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