Obtaining goods by deception?
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Notfussed
Posts: 1 Newbie
I really need some help.
I am self employed and due to the state of the economy my business has been failing for some months. As such I have fallen behind on my car HP payments. I own over a third of my car and it has a cherished number plate that my wife bought me for christmas last year. Yesterday 2 men turned up on my doorstep, demanding £2,000 for the arrears. Of course I didn't have this money so they gave me 3 options:
1 - Pay the £2,000 there and then.
2 - Send them away and they will obtain a court order to seize the car. This would then incurr heavy costs for court and admin fees, plus I would still be liable for any outstanding money once the car had been sold.
3 - Buy myself some time by giving them the keys. They would take the car to a local pound and once I had got the money together to pay the arrears, I could call them up, make the payment and get my car back.
Of course, I panicked and took option C. I took some of the items from it but left some things like a couple of cd's and I now realise that I have left some of my work paperwork.
Today I arranged emergency funds and called them this afternoon to make the payment only to be told, by the woman at VW Finance that my car had gone to British Car Auctions and that the ONLY way to get it back is to pay the full settlement!!!! I told her of the arrangement that the 'agent' had made on my doorstep and in a later phone call she told me that he had completely denied the conversation and said that I had surrendered the car willingly. I am absolutely furious.
I have phoned Trading Standards who are passing it on to my local office, who will contact me within the next few days - the problem is that I don't have 'a few days', I have work to do and a family to feed - without my car I can do neither. They told me that this could be a lengthy process as it is essentially my word against theirs.
Trading Standards told me that I should write a letter of complaint to both VW Finance and Crystal Collections. I want to quote the law as I believe that they have obtained my car through false pretences and have given me false and misleading information. I believe that it would be something to do with the Theft Act 1968 and Obtaining Goods by Deception but I don't know how I should word it or what to quote (I don't want to sound like an idiot). Could someone please help me with this, as I need to get this letter sent, by registered post tomorrow.
Also, is there anyone else that I can complain to? I have thought about informing the police but I believe that I will be told that this is a civil matter. Would this 'agency' be answerable to the FSA or Credit Services Association? And where do I stand with my cherished plate?
Many thanks for any help that you may be able to offer me.
I am self employed and due to the state of the economy my business has been failing for some months. As such I have fallen behind on my car HP payments. I own over a third of my car and it has a cherished number plate that my wife bought me for christmas last year. Yesterday 2 men turned up on my doorstep, demanding £2,000 for the arrears. Of course I didn't have this money so they gave me 3 options:
1 - Pay the £2,000 there and then.
2 - Send them away and they will obtain a court order to seize the car. This would then incurr heavy costs for court and admin fees, plus I would still be liable for any outstanding money once the car had been sold.
3 - Buy myself some time by giving them the keys. They would take the car to a local pound and once I had got the money together to pay the arrears, I could call them up, make the payment and get my car back.
Of course, I panicked and took option C. I took some of the items from it but left some things like a couple of cd's and I now realise that I have left some of my work paperwork.
Today I arranged emergency funds and called them this afternoon to make the payment only to be told, by the woman at VW Finance that my car had gone to British Car Auctions and that the ONLY way to get it back is to pay the full settlement!!!! I told her of the arrangement that the 'agent' had made on my doorstep and in a later phone call she told me that he had completely denied the conversation and said that I had surrendered the car willingly. I am absolutely furious.
I have phoned Trading Standards who are passing it on to my local office, who will contact me within the next few days - the problem is that I don't have 'a few days', I have work to do and a family to feed - without my car I can do neither. They told me that this could be a lengthy process as it is essentially my word against theirs.
Trading Standards told me that I should write a letter of complaint to both VW Finance and Crystal Collections. I want to quote the law as I believe that they have obtained my car through false pretences and have given me false and misleading information. I believe that it would be something to do with the Theft Act 1968 and Obtaining Goods by Deception but I don't know how I should word it or what to quote (I don't want to sound like an idiot). Could someone please help me with this, as I need to get this letter sent, by registered post tomorrow.
Also, is there anyone else that I can complain to? I have thought about informing the police but I believe that I will be told that this is a civil matter. Would this 'agency' be answerable to the FSA or Credit Services Association? And where do I stand with my cherished plate?
Many thanks for any help that you may be able to offer me.
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Comments
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Phone your local trading standards direct,ask them for the wording too?Speak to a debt adviser at National debtline.
Speak to a Manager at VW,ask them,as the case is in dispute , to urgently suspend the sale ,as you are complaining about the BAiliffs(?) actions.Get them to phone you back to confirm they HAVE suspended the sale.Put the same in writing.Get names, or staff numbers,times,departments.
Were you given any type of "receipt"?
Chrystal collections are a member of the csa
http://www.csa-uk.com/csa/contact-us.php
There is a board on here called "Debt- Free wannabe",they might also be able to give you more support.
You need to prioritise your debts,if you can stop this situation ocurring again with other debts you will be on the right track.Good luck.0 -
I really need some help.
I am self employed and due to the state of the economy my business has been failing for some months. As such I have fallen behind on my car HP payments. I own over a third of my car and it has a cherished number plate that my wife bought me for christmas last year. Yesterday 2 men turned up on my doorstep, demanding £2,000 for the arrears. Of course I didn't have this money so they gave me 3 options:
1 - Pay the £2,000 there and then.
2 - Send them away and they will obtain a court order to seize the car. This would then incurr heavy costs for court and admin fees, plus I would still be liable for any outstanding money once the car had been sold.
3 - Buy myself some time by giving them the keys. They would take the car to a local pound and once I had got the money together to pay the arrears, I could call them up, make the payment and get my car back.
Of course, I panicked and took option C. I took some of the items from it but left some things like a couple of cd's and I now realise that I have left some of my work paperwork.
Today I arranged emergency funds and called them this afternoon to make the payment only to be told, by the woman at VW Finance that my car had gone to British Car Auctions and that the ONLY way to get it back is to pay the full settlement!!!! I told her of the arrangement that the 'agent' had made on my doorstep and in a later phone call she told me that he had completely denied the conversation and said that I had surrendered the car willingly. I am absolutely furious.
I have phoned Trading Standards who are passing it on to my local office, who will contact me within the next few days - the problem is that I don't have 'a few days', I have work to do and a family to feed - without my car I can do neither. They told me that this could be a lengthy process as it is essentially my word against theirs.
Trading Standards told me that I should write a letter of complaint to both VW Finance and Crystal Collections. I want to quote the law as I believe that they have obtained my car through false pretences and have given me false and misleading information. I believe that it would be something to do with the Theft Act 1968 and Obtaining Goods by Deception but I don't know how I should word it or what to quote (I don't want to sound like an idiot). Could someone please help me with this, as I need to get this letter sent, by registered post tomorrow.
Also, is there anyone else that I can complain to? I have thought about informing the police but I believe that I will be told that this is a civil matter. Would this 'agency' be answerable to the FSA or Credit Services Association? And where do I stand with my cherished plate?
Many thanks for any help that you may be able to offer me.
You should have chosen option 2."You were only supposed to blow the bl**dy doors off!!"0 -
http://www.consumerdirect.gov.uk/after_you_buy/money_and_credit/rightscreditagreement/
This link may be the more helpful-your rights under a credit agreement-maybe see the bit on "unfair relationships"?0 -
Tbh you can't prove that you didnt agree to it and they have two people who will claim the same story.
I am afraid you either settle the finance or accept it will be sold and the remainder of the finance left after sale.
Yes you can complain etc but ultimately its you against them and given you gave them the keys etc it will be very hard to prove your side.0 -
maninthestreet wrote: »You should have chosen option 2.
I'm sure that's very helpful for him to know, now.0 -
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I'm sure that's very helpful for him to know, now.
The OP has given the car away, there is nothing much he can do. The golden rule in these situations is never to give up a car like this when someone turns up unannounced on your doorstep and make demands of this nature. The 3rd option was just a ruse to get the OP to voluntarily hand over the car, and he fell for it."You were only supposed to blow the bl**dy doors off!!"0 -
He has already said he panicked.It's human.0
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"As such I have fallen behind on my car HP payments. I own over a third of my car"
There are some contradictions here. If you are really buying the car on HP then you do not own one third of the car. Whoever you were HP'ing the car from own the car in full.
HP is hire purchase. It means you hire the car from the company (not own) and you don't own any of the car until you have paid the last payment.
From what I understand about hire purchase is that you can hand the car back in at any time and you do not owe them any more money since you were hiring the car only. That may be good news that I don't think they can chase you for any loss they make on the car., which going by current car prices might be a good thing for you!
The cherished number plate belongs to you and may need to contact the DVLA to remove the plate. There is likely to be a fee for this. If you have left the plates on the car and get reprints made, you may not be able to use them for 12 months, but the DVLA should clarify this for you.
If you NEED a car for work, you really are limited to what you can do in the meantime as it may take time you to sort this out. Get down to an auction or old car place and pick a car up for a nominal amount or alternatively, go and haggle with a hire company for a cash-up-front car. You may be able to get some good deals especially if you know car hire companies are struggling (1car1 went under not long back).0 -
If it's not too late, repost this thread on the DFW board, or contact this lot ASAP http://www.bailiffadviceonline.co.uk/
or PM Herbie21 on this website (Herbie runs the above charity).Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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