volunarty termination

[alfie13]

Re: volunarty termination

Hi rob just got a shitty message of ombudsman saying the pictures come up with error now and what she's saying now is that the pictures got to be dated from when I bought my car , I won't to take court proceedings due to the way this is being handled, I would really appreciate your help thanks mike

[R0b]

Re: volunarty termination

If you want to go down the route of court, then politely inform the advisor that due to the way she has handled the matter you would like to withdraw your complaint as you are now looking to take legal action against Startline. If you want to, you may also wish to mention that as a result of the poor handling of the complaint and/or failing to explain things properly, you would like to make a formal complaint about the advisor and to be put in touch with their manager.

You can complain about the level of service provided by making a formal complaint to the team manager then senior manager then an independent assessor. That can be done alongside your issue of proceedings if you want to or you can leave it.

As for the next steps, it may be wise to write a further letter before action, given the passage of time between the last one and now. Within the letter you may want to include the following:

- Confirm that you have now withdrawn your complaint with the Financial Ombudsman due to the poor handling of the complaint and are now looking to commence legal proceedings against Startline.

- Explain that the default is still on your credit report and that Startline has unlawfully recorded the adverse entry which is contrary to Principle 4 of the Data Protection Act

- What you require Startline to do e.g. remove the default notice immediately form all credit reference agencies and confirm in writing within the next 7 days that this has been done and compensation to be paid for the distress caused (a reasonable sum may be between £750 - £1,500 based on previous cases gone to court on data protection breaches)

- Failure to comply will mean that you will issue proceedings without further notice and seek damages including aggravated damages for breach of data protection (and report them to the ICO if you wish)


Have a go at writing the letter yourself and post up when your ready and I'll let you know what I think and any comments.

[alfie13]

Re: volunarty termination

Hi rob would you make formal complaint against adviser , should I write a letter by email or by post thanks

[alfie13]

Re: volunarty termination

Hi rob been looking at my credit score and startline finance have closed account on my credit score but links are still ringing me for money they are debt collector thanks

[R0b]

Re: volunarty termination

So your credit rating has now gone back up then, and the default marker on the account has gone despite the account being closed?

[alfie13]

Re: volunarty termination

Hi rob looked again but its not showing anything credit score is gone up a bit cheers

[alfie13]

Re: volunarty termination

Morning rob is there anyway I can still take them to court ,looks like they know what they are doing cheers mike

[R0b]

Re: volunarty termination

Hi Alfie,

If they have removed all defaults, closed our account as settled and there is no default balance showing on your credit file and there is no adverse entry on there, then I don't think there is any reason why you should be going to court over this. The ball is now in their court and whether they would want to take action against you - you have achieved your objective of terminating the agreement and getting rid of the car so all I can suggest now is to keep all correspondence you receive and send in relation to the dispute. There is a limitation period of 6 years for them to bring a claim so ideally you should be saving the correspondence for that length of time though if it starts rearing its head in between that time, you might want to keep it longer especially if they sell the alleged debt onto a debt purchaser at some point.

I would also keep an eye on your credit file every now and again just in case something changes by Startline.

Also if they continue to send demands for payment either by phone and/or letter or email then you might want to consider sending a letter containing the following (always keep proof of postage):

- You do not give permission for them to contact by phone and they should refrain from doing so

- Reaffirm your position that the debt alleged is not owed and explain the reasons e.g. car returned in a reasonable condition and excess mileage is not recoverable

- You will no longer enter into any further correspondence with them and if they wish to pursue the matter then they should issue legal proceedings which you will defend

- Now that your position is set out in the letter, any continued correspondence demanding payment wil be considered harassment and you reserve the right to issue legal proceedings against them.

Just to repeat, the ball is now in their court and as I said, many lenders create a lot of huff and puff but in the end that is all it is. You should only be concerned when you receive a letter before action form Startline or their solicitors or when you see any documents in the post which appear to come from the court.