Consumer Forum

Consumer Information

  • Clear and Practical Consumer Advice
  •  
  •  
Consumer Direct

Support Us About Us


Go Back   Consumer Forum > Consumer Law Forum > Consumer Law

Reply
 
LinkBack Thread Tools Display Modes
  #1 (permalink)  
Old 24th April 2009, 03:03 PM
Consumer Newbie
 
Join Date: Apr 2009
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
dazmorg1969 is an unknown quantity at this point
Default First Response Finance

Hi all, my first post, i know it a long one but i am realy needing help.

I took out a finance agreement with First Response Finance on 30/03/09 for a car. The car dealer who was acting as the agent for the finance company took my car as deposit (£250) so the finance on the car was for £3200. I collected the car 31/03/09 and everything was fine with the car. On 6/4/09 I was about to drive out of my driveway and a van parked behind me stopping my from driving anywhere, I got out of the car to ask them to move as I was on my way to work, they then said that they were collection agents for First Response Finance saying that they were collecting the car from me as the finance company believed that I had got the finance by deception as my job had changed, this was said in full view of people that were passing and a neighbours. I used the collection agents phone to ring the finance company and they said that they wanted the car back and that the finance would be fully cancelled. The finance company then wanted to talk to the collection agent and I was not allowed to talk to them anymore.
The collection agent then asked for the keys to the car and I refused, they then said that they were going to call the police and have me arrested for fraud, at this time I was scared and handed over the keys to the car. The next day I phoned First Response Finance to see what I could do but all they said was I had taken the finance out and I could write to them cancelling the agreement as they would not hand the car back. So I wrote to them cancelling my finance agreement within the 14 day cancelation period and sent it registered post.
I have checked my credit report this morning as I got an alert from Experian credit reference agency and First Response have opened a credit account for £6500, I have tried to ring them and all that they are saying is that I am going to have to pay the full balance and put the phone down on me. Since the car has been taken away I have not been able to work and now claiming Jobseekers Allowance, I am very upset over all of this and so is my wife who was the joint applicant. Can you please help me?
Reply With Quote
  #2 (permalink)  
Old 24th April 2009, 08:58 PM
Tony's Avatar
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 18,326
Thanks: 138
Thanked 228 Times in 193 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

It sounds like First Response Finance and the Collection Agency have stepped over the mark, it probably should have been you calling the police.

I know this doesn't really help, but you should report them to the Office of Fair Trading:

See this for more information:
Debt Collection Agencies | Consumer Information

Tony
__________________
Key Documents: Sale of Goods Act | Visa Chargeback | Section 75 | Small Claims Court

If you find the forum useful do us a favour and like us on facebook.
Reply With Quote
  #3 (permalink)  
Old 25th April 2009, 12:30 AM
Consumer Newbie
 
Join Date: Apr 2009
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
dazmorg1969 is an unknown quantity at this point
Default thanks

thanks tony, i know what you are saying but foresight is a wonderful thing, wish i had phoned police or as least made them phone if they were realy going to, i have never been in this situation before so did not know what to do. All i want and so does my wife is to have the car back so i can go back to work, i have tried other finance companies but they wont touch me now because of first response, i have not slept for days, we are going to loose the house and everything now, we just need some help and advice
Reply With Quote
  #4 (permalink)  
Old 25th April 2009, 12:43 AM
Consumer Newbie
 
Join Date: Apr 2009
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
dazmorg1969 is an unknown quantity at this point
Default me again

sorry to ask another question on my own thread, but could i go and get my car back if i had one of the keys as i have the log book and keys. it has not gone to auction yet? or am i just cluching at straws?
Reply With Quote
  #5 (permalink)  
Old 25th April 2009, 01:22 AM
Tony's Avatar
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 18,326
Thanks: 138
Thanked 228 Times in 193 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

I think the best thing to do would be to contact Citizens Advice website

They should have a local office and may be open in the morning.

WRT the keys I wouldn't really like to comment, it might get messy. Do you know where it is?

Tony
__________________
Key Documents: Sale of Goods Act | Visa Chargeback | Section 75 | Small Claims Court

If you find the forum useful do us a favour and like us on facebook.
Reply With Quote
  #6 (permalink)  
Old 25th April 2009, 01:53 AM
Consumer Newbie
 
Join Date: Apr 2009
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
dazmorg1969 is an unknown quantity at this point
Default yes

yes i do know where it is, what do you think may happen if i did go and collect the car as i am the legal owner with the V5 and a key, could i go to the police station and say that i am going to do a repo on my own car?
Reply With Quote
  #7 (permalink)  
Old 25th April 2009, 10:25 AM
Tony's Avatar
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 18,326
Thanks: 138
Thanked 228 Times in 193 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

I guess the car is actually theirs now and DCAs are allowed to seize goods they just have to do it in th right way, which they didn't

Tony
__________________
Key Documents: Sale of Goods Act | Visa Chargeback | Section 75 | Small Claims Court

If you find the forum useful do us a favour and like us on facebook.
Reply With Quote
  #8 (permalink)  
Old 26th April 2009, 01:28 PM
Tony's Avatar
What Consumer Founder
 
Join Date: Apr 2008
Location: Bolton
Posts: 18,326
Thanks: 138
Thanked 228 Times in 193 Posts
Blog Entries: 2
Tony is an unknown quantity at this point
Default

These websites may be of use:

Debt Questions. Information regarding debt issues
debt dispute problem solving debtwise free counselling lenders banks solicitor complaints IVA

Did you go to Citizen's Advice?

Tony
__________________
Key Documents: Sale of Goods Act | Visa Chargeback | Section 75 | Small Claims Court

If you find the forum useful do us a favour and like us on facebook.
Reply With Quote
  #9 (permalink)  
Old 27th April 2009, 09:11 PM
Senior Consumer Activist
 
Join Date: Jan 2009
Posts: 138
Thanks: 5
Thanked 5 Times in 5 Posts
Blog Entries: 7
kris1anne is an unknown quantity at this point
Default

This is shocking. What is clear is that they cannot claim to be keeping the car as you lied to them then charging you for the finance despite this. Have you spoken to the police or citizens advice - I believe although you will need to check this that they could actually themselves be in breach of the laws on this one.I would really advice you to get legal action and it wouldnt hurt to let the press know either.

Last edited by kris1anne; 27th April 2009 at 09:16 PM.
Reply With Quote
  #10 (permalink)  
Old 29th April 2009, 02:45 AM
Consumer Newbie
 
Join Date: Apr 2009
Posts: 7
Thanks: 0
Thanked 0 Times in 0 Posts
dazmorg1969 is an unknown quantity at this point
Default update, good news??

Well I got a phone call from first response yesterday, after my wife and I badgered them with phone calls telling them that we are taking legal advice and we had also contact trading standards, the head of collections has said that he is going to review the situation, whatever that means? He also gave us the name of the collection agents that they used at last, so we can complain about them. He did apologise for the way that they had gone on, and they should have left a receipt, but I can only think of 2 things that may happen now.

1) that they are going to cancel the finance agreement, but that would leave them out of pocket as car is at the auction site.
2) that they are going to return the car and continue with the finance.
Does anyone have any ideas?
Thanks
Reply With Quote
Reply

Tags
dca, debt collection agency, first reponse


Thread Tools
Display Modes


Similar Threads
Thread Thread Starter Forum Replies Last Post
No Response to a complaint LCa Consumer Reviews 1 10th November 2011 10:33 PM
ps3 ylod no response from game lamccall Technology 0 12th October 2011 08:05 PM
Little response Streetwalker Introductions 0 16th May 2010 05:07 PM
Response to Ofcomís new rules Tony Consumer News 0 19th March 2009 09:11 PM
Response to CAA announcement Tony Consumer News 0 10th March 2009 08:12 PM


All times are GMT +1. The time now is 12:02 AM.

The information on this website does not constitute professional advice. Advice is taken at your own risk.
Contact Us - UK Consumer Forum - Archive - Privacy Statement - Top

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO ©2011, Crawlability, Inc.
Copyright Meanwhile Media Ltd 2008-2013

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92