How do I get out of this please?

biggar_2

nemo----i have signed a very unfair contract and i will be warning people about this UK-wide firm of 'Estate Agents' :rolleyes: as soon as it gets sorted out. My solicitor is dealing with it.
John

BargainHunterCat

Personally I would speak to Capital about the possibility of transferring the finance onto a new car, possibly from the same garage?
That is something most finance companies can do if your car is written off following an accident. That way they don't lose the business so they may be less inclined to impose big nasty penalty clauses.
Definitely speak to them to be clear on all your options - I doubt they want to lose your custom if they don't have to!

sandralovescats

joules wrote:

Only just seen this but from the basic info provided the agreemnet is contrary to provisions of the Consumer Credit Act on rebate on early settlemnets. Clause is accordingly unenforcesable. The term would also be an Unfair term under provisions of the Unfair Terms in Consumr Contract Regs....Would suggest you have misread in some way.Suggest visit to your local Trading Standards who should be able to calcualte the amount owing on settlemnet.

I seem to remember listening to an item on the radio last year sometime about this very thing. Did this ruling come in sometime last year?

There is a portion of the contract that states that any change in the law would not apply to them as a Company or this contract!

rog2

sandralovescats wrote:

I seem to remember listening to an item on the radio last year sometime about this very thing. Did this ruling come in sometime last year?

There is a portion of the contract that states that any change in the law would not apply to them as a Company or this contract!

Have a look on the Consumer Credit website, or give Trading Standards a ring.

Also worth checking 'legality' of any clause which claims exemption from changes in Law.

sandralovescats

I have had a read of the Consumer Credit website as suggested. The law changed on 31st May 05.

Am seeing the solicitor tomorrow and will go from there.

Will keep you up-to-date

Thanks!

rog2

sandralovescats wrote:

I have had a read of the Consumer Credit website as suggested. The law changed on 31st May 05.

Am seeing the solicitor tomorrow and will go from there.

Will keep you up-to-date

Thanks!

How did you get on?

Emmzi

Why are we all rushing to see lawyers before Sandra has even got her settlement figure?

It *may* be reasonable!

It may not, but cross that one when she gets there?

Put down the burning torches!!!

sandralovescats

I was unable to see the Solicitor on Tuesday as planned and have had to make another appointment.

I spoke with an acquaintance of mine who works for C.A.B. who said that it was probably best to write to the Company involved, explain the circumstances and see what they had to say about it. He said it sounded as if the contract was illegal in law anyway.

Whilst I do need a car that is automatic, if I buy a new car the waiting list will be about 10-12 weeks.
I do need an automatic - I saw the Orthopaedic Surgeon and I need a full ankle replacement to the left foot. So, from a medical point of view, I can prove that I actually do need it and that I am not making a song and dance about nothing.

Will write a letter to the Company this weekend and see what comes back.

Will keep you updated.

Thanks for the advice and help.

sandralovescats

Sent a letter to the Company last Monday, explaining my situation and requesting some help with my problem. So far, no response!

billywhizz

Sandra

I work for a sister company to Capital, one thing I can be completely sure of is that they do not offer the usual "rip off" terms associated with the dirtier end of the market, really! The settlement figures you are looking at are calcuated under acturial rules laid down by the new law from the OFT.

From what i can see here you haven't asked for a settlement figure yet, PLEASE DO. You need to get that figure first to work out your options. How much is the car worth in relation to what the settlemnt figure is, that will give you an idea of what to do next.

Speak to the company, the people on the end of the phone will be sympathetic and if you are looking for a new car they can help you with that and that will give you a good negotiating tool on the settlement figure.

Keep us up to date but crikey don't shell out on a solicitor until you know what the situation is