A Rather Complicated Situation

[dave27]

hi peeps

new to this site "so here goes". my situation is complex so i thought i would introduce it in small doses and try and obtain as much info as possible.

installment 1. (prescribed terms ?????)

read this t&c section regarding how punctual payment is of the essence and how payments must be made on that date specified in the agreement etc.



"but" no dates are specified nor are they expressed in any way. the agreement shows how much and how often @1x£633.08 and 59x£433.08. BUT WHEN ?????



improperly executed or un-enforceable ?????????

dave

[Celestine]

Re: A Rather Complicated Situation

Welcome Dave

Can you post up the next 'chapter' please?
:beagle:

[dave27]

Re: A Rather Complicated Situation

Welcome Dave

Can you post up the next 'chapter' please?
:beagle:

hi celestine

thanx for looking in at my thread "much appreciated"

would a dodgy default notice interest you at all

installment 2.



dave

[Celestine]

Re: A Rather Complicated Situation

Ok, what sequence of events happened between you purchasing the car and receiving the notice?

Will check back tomorrow.
:tinysmile_grin_t:

[dave27]

Re: A Rather Complicated Situation

hi celestine.

"NOTHING"

it all started after the first default notice dated 12/07/2007.

i phoned my creditor to quiery the alledged arrears. muppet 1 explained how i had only made 17 payments out of 19 hence the 2 months arrears of £866.16. so i asked muppet 1 how this could be as i had only had the vehicle 11 months (DINK) he put the phone down on me.

two days later i got a call from from my creditor muppet 2. after quite a nice chat i agreed to send 3 post dated cheques dated a week apart and a manual payment via internet banking in august. at this stage i thought the worst that could happen is i would be in credit, "but" how wrong was i when this came in the post.



so i phoned my creditor to complain and got passed around several muppets for a couple of weeks and waited for some response, which came on 12th october 2007 via the repo agents who came to repo the vehicle for the first 2 minutes then decided they wanted the arrears of £1299.24 + their costs. so what they did was come onto my property clamp the vehicle and told me to pay the money then they would remove the clamp?????. so i begged and borrowed the money and on the 18th october 2007 i did just that.



from that moment i gone through inhouse complaints/fos complaint, two more default notices and two more terminations a few phone calls and now link financial sevices are involved.

dave

[TUTTSI]

Re: A Rather Complicated Situation

Something similar happen to us with Aviva formery NU with our home and buildings cover, early December when one DD payment was missed and like you my o/h contacted the Company Aviva and arranged for them to collect the DD 10 days latter. What the silly sausages did next was to cancel the policy 2 days after my o/h had made the arrangement.

Now we did not know and it was mot until 3 weeks latter when we received the letter of cancelation that we had not had cover for last 3 weeks. My o/h phoned and spoke to their call centre who advised that they would hold temporary cover over that weeken untill it could be sorted on Monday.

Monday came and in their infinent wisdom said that they do not want our business and discarded us even though we had an arrangement in place for them to collect the money.

Straight away I contacted the CEO and guess what we are fully reinstated with cover, we then received a hamper for all the inconvenience and upset and the CEO are very apologetic and keep on writing to ensure that all is running smoothly. They found that the staff needed a hell of a lot more training and that they were not recording calls correctly which was as a direct response to our complaint.

With DD's and insurance companies it appears that they automatically cancel a policy if one or two payments are missed and in your case you had an arrangement like us. I would take your complaint to the MD or CEO of the company and see how you get on. You will find that in most cases calls are recorded and they can check back on conversations.

Let us know how you get on.

Tuttsi

[dave27]

Re: A Rather Complicated Situation

well done tuttsi

its amazing what these muppets will do to cover their own ar$e

dave

[Main man]

Re: A Rather Complicated Situation

Are they allowed to resurrect a terminated agreement?

Because I thought you could only terminate an agreement once?

[TUTTSI]

Re: A Rather Complicated Situation

In our case they terminated the agreement in error, so they commenced a new policy and did it that way.

In Dave's case he also had an agreement in place and they also served a default notice on him as Aviva did with us.

I can say that Aviva have assured us in writing that there is NO default registered against us as it was their mistake.

Tuttsi

[dave27]

Re: A Rather Complicated Situation

Are they allowed to resurrect a terminated agreement? I DONT THINK SO, I THOUGHT BOTH PARTIES HAD TO AGREE IN WRITING OR VIA AN AMMENDED AGREEMENT FOR IT TO CONTINUE.

Because I thought you could only terminate an agreement once? "ME TO"

from what i understand to terminate an agreement after a dodgy default notice it is called an "unlawful recsission of contract" which in turn blows the creditors chance of section 87 and only allows them to collect on the arrears upto the default notice, but to be entitled to those arrears the agreement also has to be properly executed/enforceable.

dave
------------------------------- merged -------------------------------

In our case they terminated the agreement in error, so they commenced a new policy and did it that way.

In Dave's case he also had an agreement in place and they also served a default notice on him as Aviva did with us.

I can say that Aviva have assured us in writing that there is NO default registered against us as it was their mistake.

Tuttsi

nice and amicable between two parties, as it should be.

dave

[dave27]

Re: A Rather Complicated Situation

looking through my FOS letter, they hold a different view on unlawful recsission



dave