Jump to content
We are now - The National Consumer Service ×


  • Tweets

    No tweets were found.

  • Posts

    • Their letter to you was rather condescending and even rude  "-in order to allow a reasonable driver to be notified of the terms and conditions". So f they do decide to go ahead from here remember that when responding to their Witness Statement as they never get that right. 
    • Trump also threatened blanket tariffs of 15% or 20% on most trade partners, and said he will soon announce new tariffs on the EU.View the full article
    • We still have not seen either the Notice to Driver or hte Notice to Keeper PCNs. As these are legal documents that can help  your case could you please post them up. I did ask last year if you didn't retain the NTD that you send UKCPS an sar. Did you do that? If you don't have those two vital PCNs [not the reminders] can you please send off an asr now. Sometimes the rogues use Trace to confirm their address is till valid with a view to sending out a letter of Claim. If you have received the SAR could you please post up its contents.
    • One more thing Madge just make sure that you include the payment confirmation from the phone app to ECP. this will never see Court if anyone at ECP has the ability to read and understand English. Then send it off to court and ECP. Next -at least one bottle of wine between the two of you and relax. It is over..........................
    • Thank you Restart for posting the original PCN-it is the one that has to comply with the Protection of Freedoms Act 2012 Schedule 4. And thanks to Nicky - I hadn't noticed the word Reminder on the first PCN and wondered why it was posted on the 29th June but Restart said he had received it on the 24th. The original PCN is not compliant with the Protection of Freedoms Act Schedule 4 whicch means that you as keeper are therefore not liable for the charge. The driver is the only one now liable and as you haven't appealed they don't know who was driving so you are both in the clear.  It is non compliant because they have not included the actual parking period just their own ANPR times that obviously include driving from the entrance to the parking place and later driving to the exit. Section 9 [2][a] refers- (2)The notice must—(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; They have also failed to ask the keeper to pay Section9 [2][e]  (e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—(i)to pay the unpaid parking charges Sadly although both of you are in the clear there is nothing yoycan do to bring this to a quick close. So you will just have to read piles of letters containg threats and unlawful increases in the amount they are charging. They can all be safely ignored knowing that your case will be thrown out should it ever get to Court. Though Dave is right that a letter to Starbucks might get you a quick cancellation. All you have to watch out for is a Letter of Claim which if received let us know and we can advise a snotty letter to send back to them. The snottier it is the more likely they will decide not to go to CourtIn the meantime read up other cases which have been successfful or ongoing cases esprcially ones similar to yours to understand the way these vile companies operate. Do not contact them as  you might let slip who was driving and that at the moment is your strongest asset.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 162 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Thanks
        • Like

Recommended Posts

My friend has a HP agreement with alphera which she has been paying off since 2018. During lockdown she was not able to make payments for approx 9 months.

 

She restarted payments at some point in 2021 when Alphera increased monthly payments by £14;

 

in Feb this year Alphera have sent her a letter stating that she owes approx £2600 and on calling them, she was told that she can only set up a payment arrangement over six months which means she has to pay £400 pm which she cannot afford at present.

 

What are the options she has in this situation?

 

 

Link to post
Share on other sites

HP for what?

has she got a copy of the agreement?

if so scan it all to one mass PDF.

 

it might be an idea to send them an SAR, too.

 

is the balance about right or have they added £100's in arrears fees which are unlawful?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Well they can't demand £400pcm

 

Does she want to keep the car?

She is very near 50% mark and could VT it only owing upto the 50% paid figure?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 I did mention the VT option to her yesterday but the car is essential for her work.

 

They have told her (on the phone) that the ONLY option she has is to agree to their 6 month payment term of £400 pm OR face losing the car by repossession, court etc.

Link to post
Share on other sites

  • dx100uk changed the title to Alphera car Finance default notice - said can only now pay £400pcm!!

Utter rubbish!!

 

they can only repo the car by going to court and getting a recovery of goods order, and as soon as the judge hears what they have told her, he will throw the case out and probably order costs against them too!! Because she can pay the agreement £pcm .

 

Now as long as she does not co-operate with them by handing the car over and they snatch it, then the agreement will be voided as the car is classed as protected goods under the consumer credit agreement rules, she has paid more than 1\3rd.

 

If they do she WINS!! And they must return the car and all payments made to date. 

 

There is always a time order, which forces them to accept any resonable £pcm she makes and is backed up by a court order to protect her going forward.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

SAR prepared and ready to send tomorrow. 

 

Should she hold off and simply email them stating that £x pcm is all she can afford at present?

 

Or should the SAR be sent anyway?

 

OR should she just quietly keep making regular payments as she has been, so far?

 

Link to post
Share on other sites

  • dx100uk changed the title to Alphera car Finance (BMW Financial Services (GB) Ltd), default notice - said can only now pay £400pcm!!

never heard of this lot but they sound pretty much like moneybarn that think they can make up the rules as they go along.

 

forget what was said on the phone, they wont put that in writing as they'd get fined by the authorities. just like they castigated moneybarn all those times.

 

actually where this stands is...she has a default notice. that hints they MIGHT/MAY go get a return of goods order. 

if they do then wack in a time order. job done.

 

for now i think i'd just keep paying as she should do,

lets see where this goes.

 

just tell her dont ever do anything or co-operate if they come to get the vehicle, dont sign anything, dont hand over the keys nor any docs let them do what they want . if she wants a good laugh, film them on her mobile phone. act stupid is the best way. 

 

BMW Financial Services (GB) Limited trading as ALPHERA Financial Services, 

just looked up who they are.

we dont often see BMW screwing up on HP agreements

 

  • Thanks 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 months later...

BELOW EMAIL RECEIVED 18 may 2022:

 

 

 

((We are writing to inform you that we have been instructed by 'BMW Financial Services (GB) Ltd' to arrange collection of your vehicle or to arrange settlement following the breakdown in communication between you and BMW Financial Services.

 

As you have paid over one-third of the total balance 'BMW Financial Services (GB) Ltd require your express consent to collect your vehicle. Without your consent, BMW Financial Services (GB) Ltd will need to instruct their Solicitors to obtain a Court Order for a Return of Goods Order. This could result in you incurring legal costs.

 

In addition, any legal proceedings will inevitably delay the sale of the vehicle which could result in a lower sale value and thereby increase the amount you owe to BMW Financial Services (GB) Ltd.

 

To avoid any unnecessary costs, would you please complete and sign the attached voluntary surrender form and contact us on 0330 390 4567 to arrange the collection at your earliest convenience.

 

If you are concerned about the content of this letter we suggest that you take your own legal advice.

 

Please can you confirm answers to the below questions by email if that is your preferred method to correspond;

 

Please confirm your date of birth

Please confirm your postcode

Please confirm the make and model of the vehicle

 

For free debt advice you can also contact free debt advice agency. Please click on the link for more information: https://www.moneyadviceservice.org.uk.

 

 

Kind Regards ))

 

BMW have cancelled the direct debit yesterday.

Is there anything I should do at this stage?

 

 

 

P.s. That SAR never got sent. Have to send this weekend. 

Link to post
Share on other sites

Dont like the fact they are doing a voluntary surrender.

typically that means you have to pay the full value of the loan minus any sale value of the car.

 

what are they upto?

who has sent this email?

 

DX

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

On 30/03/2022 at 21:34, dx100uk said:

Well they can't demand £400pcn

 

Does she want to keep the car?

She is very near 50% mark and could VT it only owing upto the 50% paid figure?

 

Dx

Grosvenor. Blimey not heard of them in years.

 

if she doesnt want the car do a vt

if she wants it do a time order.

 

tell her not to engage with these scammers and never ever leave the car on a public foad, they can snatch it.

they cant fron a driveway

 

you need to get reading up here to help her properly

Go read a few 10's of moneybarn threads

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

 

 

Go do a time order tomorrow

 

 

On 30/03/2022 at 21:34, dx100uk said:

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 2 weeks later...

She found this when she got back from work today 

Screenshot_20220620-191408_Snapchat.pdf

 

Workign on time order now.

 

The form has a field for signature by a solicitor. Is it okay if she signs on the field?

 

Also, I have been wondering: At this stage is it reasonable to ask Alphera whether the arrears owing can be paid off monthly thus preventing going to court and/or losing her car?

OR

Shoud she apply for the time order THEN request Alphera to accept monthly payments towards arrears? One time order sent, does everything have to go through the courts?

 

Thanks again for advice!

Link to post
Share on other sites

The time order will sort/fix and override everything.

 

And fix it legally.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hit time order and read it all again.

Her local county court.

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

There has been no court action to date ...so n1 doesnt apply.?

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I've read through the content in the TIME ORDER link.

We now have the following prepared to submit in person at the drop-box in Lincoln County Court:

 

1. N440 Completed and signed

2. Cover letter explaining reasons for inability to pay resulting in outstanding arrears

3. Financial statement (showing monthly income and expenses)

 

Does she need to include a "statement of truth" for the financial statement?

 

Spoke with the county court to figure out the fees for this procedure and was told that she has to drop off the form and related docs into the "drop box" at the court and await a phone call (in 1-2 days) when they will take the payment over the telephone. Lady on the phone thinks (but nor sure) it may be £275.

Can anyone confirm ?

 

Link to post
Share on other sites

  • 4 weeks later...

Yes of course she can 

Never needed to not use it 

 

She has paid over 1/3rd so the car becomes protected goods. 

 

Did you not read post 6...???

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

From previous posts I gathered that she can't park it anywhere except her driveway which sort of restricts her use of the car. 

 

Please correct me if I'm wrong: she can use the car and park it anywhere?

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...