Car possessed for debt which has been previously agreed upon.

[braydee89]

Re: Car possessed for debt which has been previously agreed upon.

Hi everyone, I've just gotten off the phone with the credit union who have confirmed that their loans are covered by the CCA. Could you advise me how to proceed please?

[braydee89]

Re: Car possessed for debt which has been previously agreed upon.

Also, the car was free of finance and purchased by my Grandmother for my mother, though the paperwork was in my mothers name.

[ploddertom]

Re: Car possessed for debt which has been previously agreed upon.

I assume it was the Credit Union who originally took action & obtained a CCJ against her? This is before the HCEO became involved. Therefore how did C&L become involved?

[braydee89]

Re: Car possessed for debt which has been previously agreed upon.

Hi, I've just spoken with both the credit union and C+L. The CCJ was taken out by the union on the debt and passed to C+L who act on their behalf to reclaim the debt. The HCEO were acting on behalf of C+L who were claiming the debt on behalf of the union.

C+L said that the CCA is not applicable to this debt and therefore a HCEO was fine. They also said that the email confirming that the car would not be taken was not binding and not meant for the public.

The credit union have nothing to say, the person handling the account is currently on holiday for three weeks (lucky him) and so no one can help. We're in a situation where the credit union explained on the phone that the car would absolutely not be taken, that my mother should not worry as he had told C+L to accept the repayments but that he was not in a position to confirm this as the debt had been passed on to do this.

C+L explained that the car was taken as at the rate of repayment which had been agreed, the debt would take 20 years to clear.

I feel like this is an unfair situation caused by the union rep speaking out of turn and that we will never be able to fix this. Thanks again for you help.

[braydee89]

Re: Car possessed for debt which has been previously agreed upon.

I don't get how the union rep can say with authority "Don't worry, put your feet up and make a cuppa and I'll sort this out." when my mother calls up to ask whether her car might be possessed and then this happens.

[ploddertom]

Re: Car possessed for debt which has been previously agreed upon.

Do you have the actual Credit Agreement that was made with the Credit Union? If not can I suggest you try and get a copy ASAP?

Don't get me wrong, it is all fine & well the Credit Union saying one thing & C&L saying another but you need definitive proof if CCA applies or not. I could quite imagine C&L saying it doesn't apply as it fits their actions. If found out to be true then I believe the fireworks will start. The HCEO cannot be held to blame as he is only carrying out instructions given, if it turns out that C&L have taken the mick about it then it is them who are going to be held responsible for all the fees & charges of the HCEO and quite possibly re-imbursement to your mum.

When the debt "transferred" to C&L did you receive any notice about this?

[labman]

Re: Car possessed for debt which has been previously agreed upon.

I agree Plodder. I would be sending a SAR to the Credit Union (it costs £10) to get all the information they about this. Here is a template one you could use:

[Address]

[Date]

Dear Sir,

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1998 I hereby request that you supply me with any and all historical data in your possession which in any way appertains to me and any accounts or agreements I may ever have held with you.

This should include, but not necessarily be limited to:

· a copy of the original signed executed agreement along with a true copy of the Terms and Conditions in place at the time of inception, and all subsequent amendments to them.
· statements of account, duplicate statements and/or print outs of all account transactions
· all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts
· notes of manual interventions such as telephone attendants' notes
· copies of stored telephone conversations, internal and external emails
· any other information held on all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party, with or without my express permission, will you please include details of this in your reply, along with notes of any legal action past or pending, including a true copy of default notices, court orders etc...

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so on, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge and the Term or Condition upon which you rely to claim such a charge.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

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Print Name


Where the gobbledegook is just above print name at the end, I usually insert the attached before signing to protect my signature.