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jamezon

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  1. Hello again, more help required! Following our letter, we received a response from FCE stating they were dealing with this as a complaint. We have today received what they describe as a 'final response' to this complaint. They refuse to re-start our account with them, citing that we did not respond to a default notice (copy attached). However, this default notice never arrived. Do they not have an onus to ensure safe receipt? Also this was not mentioned when FCE took a payment on Jan 3rd, 2012. It would be very easy for them to draft this notice after the fact. Also, they are claiming the (incorrect) date of transfer to Link is due to the 'Christmas break'. Surely this is not a legitimate excuse to have an incorrect date on a document? My only redress with FCE now would appear to be the Ombudsman. Link have sent no further letters. They have however called numerous times, even though I clearly requested only written communication so I could keep accurate records. Can anyone offer any further advice? Should I write to Link once more noting they have not responded and re-iterate my offer of a payment plan? Thanks.
  2. Sent our letter today. Link phoned to check we had their letter, see what our plans were. I said we had sent a letter to which they asked the contents, saying "if it contains an offer of a payment arrangement, Link won't accept it." Sounds like the definition of unreasonable! Told them to wait on the letter. Genuinely worried that they will resort to unlawful means. Is it ok for me to conceal the vehicle in the meantime to prevent illegal reposession and would they have to give us time to respond to any court order?
  3. Think I may make a payment plan offer, copying both parties and disputing the balance. Then I will at least have a paper trail of me taking reasonable steps to resolve.
  4. Was curious whether they would accept a phased payment arrangement ultimately?
  5. 1/3, which I have paid but I think a CO is required at any point in Scotland anyway.
  6. Do I have an option to voluntarily terminate? Or has this gone because Link have "terminated the agreement"? However, I am unaware of having being issued a default notice by either party... I gather this is a prerequisite to repo? Do I have any avenue to get FCE to take over my account again/make payments to them?
  7. Won't bore people too much with a sob story but I need and would appreciate some practical advice. I lost my job last Christmas and am currently recovering financially having found a new job late September. Needless to say, all my debts suffered during this period, including my car repayments to Ford (FCE). My wife has since went off on maternity leave so our income has not yet stabilised. In any case, we realised that we had not updated our account with FCE when we moved home in Christmas 2010. When we phoned to advise, they asked if we were in a position to repay our arrears. (At that point 2 months worth of payments.) However, they would only accept a payment plan for a max. of 3 payments which would have equated to an additional payment of nearly £200 a month (usual payment £290). I explained that this was unaffordable due to our circumstances, however they were not willing to further negotiate, so I said I would address this issue on a piecemeal basis. From this point (October payment) I received numerous phone calls and texts but no written correspondence. We unfortunately missed our November payment. I then phoned on 03/01/12 to make the Dec payment (app. 10 days late). I also paid £10 towards our arrears. When I phoned to make this payment, I was originally told they would not accept it but after being on and off hold for 10mins they accepted it. A couple of days later, we received a letter from FCE stating our account had been transferred to Link Financial - - dated the same day as my accepted payment to Ford! I found this particularly dishonest, as surely FCE were obliged to tell me they were no longer responsible for the account? In any case, my wife (the account holder) received a call from Link shortly after. After going through the 3rd party process, I spoke to 'Nicky' (busy boy!) who stated Link's intention was to recover the full balance and they were not interested in part/planned payments. This is completely unaffordable for us as we are struggling for the existing payments and certainly can't afford over £8000 in a week! I have numerous questions, would appreciate the answer to any/all! 1. Should I pursue a payment plan with Link or will they definitely refuse this? 2. Do I have any redress regarding FCE's dishonestly accepting a payment to my account? (Which coincidentally doesn't show on Link's statement dated a week later.) 3. What are Link's typical next steps and should I do anything in the interim? We don't want to lose the car and are happy to make regular payments but seems we may have lost this option. No doubt any answers will raise more questions but things are getting desperate! We received letters dated 10/1 today (14/1) but these only give us 7 days to resolve the full balance under threat of legal action- Repo/Judgement on asset/property/Bailiffs seizing goods. I live in Scotland if this makes any difference!
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