RCI financial Service - Nissan Finance

[LeMack]

Any advice would be most welcome. I will start at the end so far.

Last Thursday I got home to a hand delivered letter on the mat addressed to my company. It was from High Court Enforcement and had been left by a Bailiff. They had come to remove my goods and chattels to the value of £15,110.45. The letter gave the bailiff's contact details and the company who had taken me (the company) to court, RCI Financial Services (Formerly Nissan Finance (GB).

The major problem I have is that I had no idea this had taken place especially as I do not have the vehicle (Navara Aventura), Nissan finally collected it back in August last year after I had been asking them to from April.

The reason? I used to be a director of a Ltd company along with my esatranged husband. When we split the company carried on with him running it, I moved away and resigned my directorship. I moved out of the county in fact I went to the other end of the country. Five years later I get a call from a family member telling me that my husband had died suddenly, we had never bothered to get divorced so I was now the only person to decide what to do with the company.

Deciding to close the company I spent a long time going through papers, selling off machinery etc. I contacted Nissan Finance and informed them of the passing, I followed this up with a copy of the death certificate, details of my solicitor and news that the company would be closed. They would not collect the vehicle until probate had been granted but offered to sell me the van for £17,000. It had been £29,000 new in 2006. The biggest problem is that payment insurance had not been taken out it was straight re-payments. I had to chase them for 4 months to collect the van, they only did so when I threatened to leave it on the street, untaxed and uninsured.

I closed the business and moved back to my home, incidently, I have been made director again only for the purpose of closure. Another thing is that probate is going to be granted in the next few weeks 17 months later.

Am I liable for this bill? can they take my personal goods etc. and I am sure that it has been re-sold by now.

I am sorry this has been long winded, but I had to get it out as best I could. Any information would be greatlt received. Incidently, I have never spoken to RCI Financial Services, I did no know they existed until the bailiff showed up. Oh and my solicitor was not informed of the events either.

[Amethyst]

Re: RCI financial Service - Nissan Finance

Do you have a copy of the original finance agreement?

Hire purchase by the company, of which you are still a director - the company hasnt been formally dissolved just run down and ceased trading ? any personal guarantees on the finance?

[LeMack]

Re: RCI financial Service - Nissan Finance

Hi there, Thanks for reading about my problem.
Yes there is a copy of the original agreement it is with my solicitor. I was not a party to the purchase as we were separated. The agreement was signed by my late husband and he was his own guarantor under the company.

[TUTTSI]

Re: RCI financial Service - Nissan Finance

If the car was owned and registered to the company then there is no recourse to you personally. Depending on where the companies trading premises are, if different to your personal address, then there again there is no recourse for the baliffs. Also, if either you or your late husband have not given any personal guarantees to the finance company as directors of the company then again you will be quite safe.

[LeMack]

Re: RCI financial Service - Nissan Finance

Hello Tuttsi, The car was bought and registered to the company with my late husband as personal guarantor. I was not a director of the company at this time. Also, the company is in London but the registered head office has been changed recently to my address in Manchester for the purposes of closure, does this make a difference?

[TUTTSI]

Re: RCI financial Service - Nissan Finance

Hello Tuttsi, The car was bought and registered to the company with my late husband as personal guarantor. Have you checked with your late husbands solicitor or the person dealing with his estate/probate to see if they have settled this debt from his estate/probate or if the debt is not going to be settled this way whether the finance agreement provided that in the event of his death that the finance company could claim from his estate. Also, as you were not divorced you need to check with solicitors acting for his estate whether the finance company have any direct recourse to you as his wife.I was not a director of the company at this time. Also, the company is in London but the registered head office has been changed recently to my address in Manchester for the purposes of closure, does this make a difference?

Really and truly without sight of the original signed finance agreement it is difficult to guide you further. When you say the finance agreement is with your solicitor is he dealing with your late husbands estate?


All the best

Tuttsi

[LeMack]

Re: RCI financial Service - Nissan Finance

Hello all, It has been quiet until the past few days. I had an email from the High Court Enforcement Agency requesting company financial details which had been requested from RCI's Solicitors. I sent them via email along with my solicitor details (again) and also requested details of the debt and price the vehicle was sold for,I assumed a vehicle of that type would have sold quite quickly. This was done on the 22nd June.

On Friday 3rd July I got home from work to a "VERY URGENT" letter on the mat from HCE stating they had attended with a company of carriers to take my goods and that I had 72 hours to pay £15,253.62 plus another visit fee of £11.50. They state they will be back with the police to force entry. I have not yet had replies to my requests and my solicitor has not been contacted. I phoned a solicitor friend in a panic and he advised me that I should not have been made a director of the company again or if I did to have it stated that I was only a director for closure purposes. He did say that they should not be coming to my home to take goods as it is not the business premises.

He advised me to write to them demand replies to previous requests and demand a response by say, 9.30 Monday (6th) Morning otherwise I would be going to court to take out an injunction out against the bailiff. He did tell me the form but he was not sure if it was correct (I caught him going home) L244. I cannot find this form on the HMCS site only the family injunction form.

I have to go to work on tomorrow and am petrified that I will come home to an empty house. Does anyone have any suggestions please?

This is going from a worry to a nightmare!

[Amy]

Re: RCI financial Service - Nissan Finance

Hello all, It has been quiet until the past few days. I had an email from the High Court Enforcement Agency requesting company financial details which had been requested from RCI's Solicitors. I sent them via email along with my solicitor details (again) and also requested details of the debt and price the vehicle was sold for,I assumed a vehicle of that type would have sold quite quickly. This was done on the 22nd June.

This is not good enough from the bailiffs. You cannot possibly be expected to settle a debt that you have no idea of and with no way of confirming the figures owed. Have you asked the court for the paperwork on the judgment? You should also consider sending a Subject Access Request to the bailiff as they will doubtless have added fees. This will also have the effect of making your requests more formal as they cannot ignore your request.

He advised me to write to them demand replies to previous requests and demand a response by say, 9.30 Monday (6th) Morning otherwise I would be going to court to take out an injunction out against the bailiff. He did tell me the form but he was not sure if it was correct (I caught him going home) L244. I cannot find this form on the HMCS site only the family injunction form.

This is an N244 and if a solicitor believes this is the correct course of action should you do as he says. Also, see above.

I have to go to work on tomorrow and am petrified that I will come home to an empty house. Does anyone have any suggestions please?

See post #89 Abbey bank charges - Page 4 - Legal Beagles - fax it to HCI as soon as you can.

[Guest]

Re: RCI financial Service - Nissan Finance

You cannot be responsible for the debts of a Limited Company unless you have personally guaranteed them.

Neither bailiffs nor High Court Enforcement Officers can break into private homes, in particular for the recovery of civil debt. Nor can the police help them to enter as such entry would constitute a criminal offence. Bailiffs often use the attendance of the police as a threat when in fact the police rarely attend and if they do; their function is to prevent a breach of the police, not to assist the bailiff.

While it might be useful that you have a solicitor friend (in your post 7 above) tell him that it might be a great deal more useful if he kept his observations on the bleeding obvious to himself. Your home is the registered office, which is why it is that address that is receiving attention from the bailiffs, but that does not change the fact that they cannot break in to take anything. Becoming a director of the company again is also not a problem because you cannot automatically take on the company debts simply by becoming a director.

Do as Amy has suggested above, if you have not already and I would also suggest that you convey to your solicitor the urgency of your predicament and have him start to earn the no doubt prodigious fees he is going to be charging.

Finally, if you have a solicitor, why are you dealing with any of this yourself?

[LeMack]

Re: RCI financial Service - Nissan Finance

Hello Amy and Cetelco, I was so releived to read the advice you have given. A few parts of what you suggest I have done. I am about to set out my demands in a SAR letter of which, if you don't mind, I am going to use your template. Rhey will not give me the court details that dealt with the case and only have their reference the their paperwork

I came home today with no sign of a bailiff, I have checked my emails and no response has been given.

I have spoken with my solicitor's secretary today and she was going ro speak to him and get back to me, she did but unfortunately I could not take the call. I will speak with him tomorrow. This solicitor is the one dealing with the probate which has now been granted. my solicitor friend was used as a panic response, he is VERY methodical and looks at a problem from another plane! but he has given me sensible advice in the past. But over the weekend I wanted an instant relief and I did not get that.

I have been dealing with all this myself in what I thought was a practical and straight forward way not knowing what to expect until now. Obviously knowing I was not responsible for the debt did not work. Incedently, I am sure the vehicle has been sold and the debt much much lower than £15k the SAR should reveal this. I have previously requested details of the court order and the details of the Solicitors of RCI but have received nothing.

Can I make a complaint to court about this company? It seems that they are only harassing me in this way because the "debt" is a "decent" size.

After taking 9 months out to close down the company and then having to cope with having no job at the end, then applying for any job going I am getting tired. I have just started a very good job and do not want to jeapardise it by taking time off to deal with a bxxxxy bailiff!

I have just had a thought, do you think the bailiff will take my car if it is left outside my house?

I will keep you updated.

[Amy]

Re: RCI financial Service - Nissan Finance

I have been dealing with all this myself in what I thought was a practical and straight forward way not knowing what to expect until now.

Well now you're not on your own. You have all of us.

Can I make a complaint to court about this company? It seems that they are only harassing me in this way because the "debt" is a "decent" size.

Yes, see below.

The Association Secretary
High Court Enforcement Officers Association
P O Box 180
Winsford
Cheshire
CW7 2WP

complaints@hceoa.org.uk

I have just had a thought, do you think the bailiff will take my car if it is left outside my house?

They could well try this as it is their easiest option to gain payment. Move it away from your house for the time being if at all possible.

[LeMack]

Re: RCI financial Service - Nissan Finance

Good afternoon one and all, It's been over three weeks now and I have heard nothing from the High Court Enforcement Agency nor have I had anything from the solicitors of the finance company. They have stopped leaving letters so I presume they know they cannot do what they had threatened. I did send them an email saying that I would have the bailiff arrested if they came to my house again maybe that has kept them away.

incidently, my solicitor has been contacted by a solicitor looking for payment of £4980 a big difference from what was written in the enforcement letter! My solictor actually phoned me and asked what to do! I told him that I did not personally or otherwise guarantee the loan or anything else in the business and that the company does not have any assets. He wrote this and sent me a copy of the letter he also stated in the letter that this should be the end of the matter. He has not charged me for doing this.

I will keep you updated. Many thanks for your advice and support.

[NadiaNEWSENGLANDeu]

Re: RCI financial Service - Nissan Finance

Hello there!

I read your post here and am very sorry to hear that you have such a big trouble with Nissan Finance GB Ltd. aka now RCI FINANCIAL SERVIES LTD. WATFORD and I can only advise you to hit them with your lawyer as hard as possible with legal counteraction to ensure your credit rating and life do not get messed up! And check if you can report them to the police for fileing a claim on court against you despite better knowledge and for filing aganist you with / at credit agencies despite better knowledge; as they might have commited a crminal act by doing so but your lawyer will be able to advise you in that! Just dont lose any time and act fast!

As I have since 3 years nothing but big (legal) trouble with them and am taking THEM now finally ( August 2009 ) to Watford County Court and reported their Nissan-Perth staff to the police as it seems they have even commited several crimes against me!

They are in total NOT to trust at all and do not discuss anything on the phone; only in writing through your lawyer or in front of a jufge on court session!

I hope you will get them for that! All the best! With kind regards, Nadia from Perth


PS: That is what I left about RCI FINANCIAL SERVICES LTD about their online listings as a review to ensure other fellow citizen do not becoem a victim of their way of doing business to:!

AVOID AVOID AVOID AVOID + DANGER DANGER DANGER that is my personal review of RCI FINANCIAL SERVICES LTD. ( formerly NISSAN FINANCE (GB) Ltd. ) in Watford! I entered on 19-09-2006 a contract with them and have nothing as (legal) trouble with them so far. I bought by contract from them on the 19/09/2006 a "late 2006 and 2006 manufactured Nissan Micra CC 1.6 Essenza convertible" through “Nissan Perth Arnold-Clark” and just found out recently that it was damaged and in repairs before it was even first ever UK registered to me and I found out that it was actually being driven for at least 32 miles before it was sold to me and first UK registered. I found further out, that it seems that Arnold Clark Nissan-Perth has registered a 2005 manufactured car with the UK DVLA as a 2006 manufactured car, obviously to sell it for a better and higher price and so that they can pretend that this 2005er car is actually the late 2006er car I wanted, I was promised and which I believed until recently I was sold it in 19/09/2006. And the roof was leaking on both sides from the first hour and first day I received that supposedly new Nissan car and everything inside got wet on both the driver and passenger side and Nissan-Perth tried to fix it around 5x before they gave up and told me “I can take legal action if I like”..and it seems like they have “forgotten” to log most warranty repairs in the service history for the car SP56 OLC I got from them in 19/09/2006 but they actually left a log entry of 5 days before the first UK registration saying that car has undergone repairs already before it was sold to me and saying that it was driven already 32 miles. Isn't that nice of them? They didn't mention anything about that to me when I bought it! I am taking Nissan Finance GB Ltd. aka now RCI FINANCIAL SERVICES LTD. now ( and some people may wonder why they change their name for some reason... ?? ) currently in August 2009 to the small claims court at Watford County Court and am sure I will win this case. As they tried to sue ME for more money but I found out in 2009 that the car sold to me was less worth them what I paid so far to them so now I sue them! I believe I have become a victim of a clear criminal act against me by Nissan staff and I will answer this with MASSIVE legal action + MASSIVE press involvement in return. Not to mention the financial damage and serious emotional distress they caused me since 3 years with that situation; and now I have to spend literally thousands of pounds just to get some of my money back and some compensation + my rights, even if most of it will go to the solicitors. I don't want to list every little detail here but my personal experience and review of RCI FINANCIAL SERVICES LTD. is AVOID like the pest or AVOID like the SWINE FLU:beagle:; and that is still the nice description especially considering how rude and nasty they dealt with me; after I signed the contract and all the problems occurred from day one they didn't care and I tried even to exchange the faulty car or to return it or to cancel the contract but was always told that's not possible and I can take legal action if I like! Isn't that so nice of them? So if you are looking for a nice, good company and a good service and not being ripped off and not being maybe become the victim (of a possible fraud even?), I can genuinely only recommend look for another company then Nissan Finance (GB) Ltd. or now a.k.a. RCI FINANCIAL SERVICES LTD.! If you have any questions or want details of the court case or the claim number please contact me at my email: nadia@newsengland.eu With kind regards, Nadia

[Mel81]

Re: RCI financial Service - Nissan Finance

Nadia - so soory to hear about you problems with RCI Financial Services Ltd!

I am currently fighting against them too, following a personal contract hire agreement I entered into on 12/09/06. I am currently awaiting telephone transcipts from them, to back up my evidence that they misled me, gave me contradictory information and basically operated the agreement unfairly.

The number of times I have had to phone the court to tell them they haven't supplied me with relevant information I need to support my claim is getting ridiculous! So that's something else I will add onto my list, that they seem to frustrate proceedings and it seem to intentionally wait for weeks to supply me with information so I miss specific deadlines. I have proof of postage for EVERYTHING, as I do not trust these lot at all.

I have paid my £10 fee for the telephone transcripts, which their solicitors said they will provide me with - Hmmmm I wonder why they are taking so long??? Probably because it is all the evidence I need to prove they lied to me and gave me wrong information!! These lot are complete sods and I reiterate what you've said - DON'T ENTER INTO ANY AGREEMENTS WITH THEM.

I hope you get yours sorted out! Good luck to you

[NadiaNEWSENGLANDeu]

Re: RCI financial Service - Nissan Finance

Hi there!

Thank you for your nice words!

And YES RCI FINANCIAL SERVICES LTD - Watford. is not to trust at all. The "case value" in my case is only something between £2500 and £6500 but my husband and his family made just £20,000 available or more anytime if we need it to hit them with legal action and press action as hard as possible so that I finally get my rights and compensation..they will have to pay the bill anyway in the end I was assured to 100%; lets see how they will like that! I left them reviews which you can see when you search on GOOGLE MAPS for: RCI Financial services and left Nissan-Perth on their GOOGLE MAPS a review too when you search for Nissan-Perth and for Nissan Motors UK on GOOGLE MAPS..now up to at least a few thousand people a day or more can read my personal review and experiences but it is certainly up to everybody themselves if they us that reviewed business then or not..I hope my review doesnt harm their business??..as my intention is only to express my personal review of that particular business and my previous experiences with it and nothing else!

Anyway; good luck in your case to and you should check with your lawyer if you can report them for any criminal acts; i.e. when they gave you clearly misled you when you entered the contract and it can be assumed, if so, that they did this with the aim of gaining financial profits though this action then you should check with your lawyer if you can report them to the police for that as a crminal act commited against you! Just a suggestion!

My personal REVIEW for RCI FINANCAL SERVICES Ltd. is AVOID LIKE THE SWINE FLU and AT ALL COSTS..

Good luck in your case and I hope you succed!Have a very nice evening, Nadia x