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| Approved/cygnet Finance; Cygnets school of etiquit | |
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| Topic Started: May 23 2007, 06:44 PM (137 Views) | |
| lesley1978 | May 23 2007, 06:44 PM Post #1 |
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Hi, New to forum and I would greatly appreciate your opinions/advice ......my ex partner and myself got a car off Approved car finance/cygnet at the apr rate of 72.3% which at no point prior to purchase were we made aware of .......Anyways I contacted them via letter in November My disabled son was having an eye op and was finding it difficult to pay so could it be refinanced or something ....They completely ignored this letter .....In January my partner and I seperated and it was decided that I have the car ( may I point out at this point I dont actually drive )Im also a single mum of seven one child is disabled .. I asked that the axa cover (£1600) be stopped as I dont want or need it on the contract it says i can do this at any point ...this still hasnt happened first requested in nov 06 ..... It is regarding my conversation with a representative from cygnet today that has distressed me the most......a week ago I was phoned to tell me that my payments were now £120 down from £188 and the first payment had to be there the end of the month which I agreed to and said I would try to pay it in two instalments on the 22nd and 29th and was told this is fine as long as its there for the end of the month.........Result !!! Or so I thought , today I recieved a notice of seizure .....I have little knowledge of the ammounts paid to date or ammount owing so shall be phoning tomorrow to request a statement of account including charges etc ....So upon recieving this notice of seizure I phoned them up .....I was put through to my accounts manager , she said that it was just to protect themselves incase I didnt pay ,which i accepted and asked if it would be inforced if I paid she said if we dont get payment by the 29th it would ....so I said ok I will pay the 29 th she said it has to be in BY then and it wouldnt clear ....so I asked if it was worth me paying .....to be met by a volley of abuse some of her little gems were " I dont believe you ll pay " " cygnet finance dont see the end of the month being the 29 th " " I believe you ve sold it " after i informed her actually she could view the car she said ok i ll come and look !!!! I informed her that she could check I havent sold it by contacting DVLA ......and at that point she said "no wonder your husband left you " .........then she said the manager will be contacting me and she d be reporting the car stolen ??? Anyway a few family members were visiting and like myself they were disgusted ( I popped the phone on speaker phone so they could hear how pleasent she wasnt ) My question is 1 )What can I do to either stop payments or carry on at reduced payments ...I cant afford to pay before the 29th .... 2) What can be done about the way I was spoken to......also Ive sent a e mail (letters disappear with cygnet ) at least i can prove i sent it etc I detailed the issues and informed that I would be seeking legal advice 3) the car is parked in my dads garage ( safer as its not being used ) do I have do disclose its whereabouts before I get legal advice 4).....also I wanted to cancell axa cover december how can i get this ammount removed from my account 5)Does anyone know if they record phone calls and if so how do I go about getting a copy ...I do have witnesses who heard the conversation but obviously a recorded conversation would be better ...........the thing is Im prepared to pay for a car I may never use as I signed the contract and having only recently seperated from a 6 year relationship and suffering depression ,due to this ,this womans comments were perticually hurtful |
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| Bakedalasker | May 24 2007, 12:38 PM Post #2 |
www.saynotoyes.co.uk
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 Lesley1978, welcome to our forum,Well you are having fun with these guys. 1. First of all you can get a copy of the tape if they actually do record conversations. You need to send them in a Data Protection Act (DPA) request. Feel free to use our template here: - http://z11.invisionfree.com/saynotoyes/ind...?showtopic=1684 I would add that you would like any device recording associated with you. 2. Regarding the Axa cover I would say your best thing hear is to stop paying it. If it is alowed in the contract and you have proof you have asked them to cancel it then I think you will be find to just stop paying it. Once they dont receive your payment they will sonn be in touch. Then that is the timeto inform them that you send the cancellation letter and you have proof. 3. I would not worry about "hidding" the car. If its on private property they will need a court order to collect it. Hope this helps for now. |
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| lesley1978 | May 24 2007, 01:29 PM Post #3 |
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Thanks for advice Im hoping to get somewhere ......Im not overly worried about hiding the car as its not on the road anyway .......I informed them that they can check its not been sold via the DVLA ........ |
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| lesley1978 | May 25 2007, 03:38 PM Post #4 |
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Just asking if for whatever reason I have to attend court or this problem goes to court and there is NO taped conversations is it possible to get the people who were present at the time ( I popped the phone onto loud speaker ) to confirm my version of events and details of conversations ...... Thanks ......reading through this site I gathered so much information and any input is recieved greatfully |
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| jenni | May 25 2007, 03:45 PM Post #5 |
www.saynotoyes.co.uk
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yes i think you can get them to sign a sworn statement witnessed by someone at the court but you would need to speak to someone like the courts or the CAB to confirm this is correct |
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| lesley1978 | May 29 2007, 05:36 PM Post #6 |
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HI, Cygnet have yet to respond to my CCA they said someone will be collecting the car tomorrow unless payment is made ... I ve told them i need written proof of arrangements as the person on the phone said it d be takien regardless .......i also said whilst a DPA request was out standing the debt is un enfocable ...the women said she didnt know what im talking about and that Im wrong ....can someone let me know if I am or if in fact she is....also they are threatening me with police action if I dont disclose the cars whereabouts saying they will say the car is stolen ......can they do this ????????Thanks again Lesley |
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| whistleblower | May 29 2007, 05:56 PM Post #7 |
www.saynotoyes.co.uk
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the police will not be interested in the case at all - its a civil matter nothing to do with the police, they are just trying to sacre you on this one 
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| Bakedalasker | May 29 2007, 08:13 PM Post #8 |
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If the car is on your driveway they will need a court order. If you have paid over a 1/3rd of the agreement they will need a court order. If they then take it away you will be in a position to reclaim all your payments. Whatever happens dont sign anything. If they do take it away report it to the police as stolen. |
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| lesley1978 | Jun 4 2007, 02:05 PM Post #9 |
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I ve sent several letters and e mails to approved ..yet to receive anything back also wating for DCA /CCA still nothing .....Im just querying a contract I have myself and my partner have signed it and it is dated 4/7/07 date of cygnets signature 12/7/07.......does this in any way affect the contract? the witness signature is just that has got a space for name and discription but not filled in.....Also upon reading it there was nothing paid for the car we took in as a deposit , plus no cash back which we were told we had ......all went towards the deposit (didnt though) a relative was present when this was all discussed so could sign a sworn statement if need be ........any new advice would be greatly appreciated ........ |
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| Bakedalasker | Jun 4 2007, 02:28 PM Post #10 |
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Lesley, when you sign a contract the finance company have got 7 days to return a signed copy by them to you. Well i think that is the case but will get this checked out. Not too sure how strong it makes the contract binding though. The car as a payment argument is well known in the law cirlces. We will need to look at your contract and the associated paperwork from the DPA to make a judgement. If the DPA shows that the deposit should have been put against the car then your liabilities have been executed wrongly therefore making the contract unenforceable. I will have to get some advice on this sworn statement. There is a thing called conflict of interest and the finance company might be able to use this as your witness is a relative. I will get back to you on this. Did they come and take the car away? |
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| lesley1978 | Jun 4 2007, 02:47 PM Post #11 |
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No they have nt taken the car away .....they did threaten it but I told the woman wasnt possible and the car wasnt at my house but parked safely in a garage as it wasnt being used....she then said they were going to report the car as stolen to the police ......I just replied fine .....I have been asking for all correspondance in writing I cancelled the gap insurances about 10 days after having the car .....and by my rekoning i should be up to date with payments bearring this in mind.....so surely they cant take the car??????.......All Ive asked for from them is a letter on headed paper saying that if I continued with payments the car wouldnt be seized as the delightful person I initally spoke to said it would regardless ....... |
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| lesley1978 | Jun 4 2007, 02:49 PM Post #12 |
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when you sign a contract the finance company have got 7 days to return a signed copy ...........they took 8 days on this one? |
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| Bakedalasker | Jun 4 2007, 03:53 PM Post #13 |
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Going on what you are saying here I am not surprised they have not taken the car. The woman you spoke to on the phone most likely does not know the law. You would have to be at least 2 payments behind for them to repossess the car. Then they would have to issue you a default notice giving you 7 days to catch up with your payment. If you dont pay then they can collect the car providing you have not reached the 1/3rd way mark of payments. If you have passed this mark then they would require a court order. If it goes to court and you dont turn up then by default they will issue a court order for repossession. If you turn up and show you have made effort to pay then the judge will most likely not issue a repossession order but allow you to pay etc. Summing up they are not allowed to just turn up because you are late with one payment. There are protocols to follow but saying that these guys do believe they are above the law. Regarding the 8 day issue I will try and get an answer to that but I dont think it is going to be a strong argument. |
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6:46 PM Nov 8
