Help with default removal - van finance

[taximan]

Hi

I purchased a van in 2005 and the finance payments were £415.00 per month, over 4 years,

 

in July last year I was unable to make the payments for a few months and went 4 months in Arrears,

the finance company defaulted me for this and took me to court.

 

By the time it was in court in November 07

I had the funds in place to bring the account up to date,

the judge gave me 28 days to bring it up to date and that would be the end of the matter.

 

The judge also pointed out that there was PPI of £88.00 per month Inc in the repayments

(I already knew this but it was like as if he was trying to hint at something).

 

After this case using information from these forums I began reclaiming the PPI,

after a few letters they agreed to cancel the PPI but not to refund the premiums already paid.

 

Eventually I threatened court action and they agreed to refund all premiums paid plus a generous mount of interest.

 

My main concern is that they have registered a default against me,

I have written asking for it to be removed but they re refusing point blank to do this.

 

In my opinion this agreement was illegal from the beginning,

but I am unsure how to proceed from here,

 

If it were money owed I could threaten court action again,

but I am unsure if I can use this to remove a default which I believe was registered incorrectly.

 

Any advice much appreciated

 

 

Graham

[taximan]

I have read lots of info here on what constitutes an improper default notice, however I am unable to find whether there is a minimum amount of arrears neccesary before the default is served. E.G can a default be served showing 2 months arrears or does it need to be 3 minimum.

Also If the default included ppi, which was later refunded, could this make the default null and void.

I received a default in 2008, for only 2 months arrears, I have since re claimed all the PPI paid on this agreement as it was mis sold, I am now trying to get the default removed from CRA but they are refusing point blank.

wil be grateful any help on this

TM

[BankFodder]

There is no such thing as an improper default notice. Any default notice which is issued is valid and any default notice which is not issued is valid.and any Default which is entered onto anybody's credit file in breach of any rule whether or not a debt really exists or not -- is also valid.

 

Don't expect anybody to pay attention to the rules. The entire credit reference agency system is a loose cannon. It is another cosy little industry agreed arrangement, which has its uses, but which is presently out of control. It is unregulated other than codes of conduct from the OFT, guidelines from the information Commissioner, and indirectly by the Banking Code of Practice -- and all of these are routinely ignored by the financial institutions to whom they are meant to apply and also by the organisations which are meant to monitor them, maintain their standards, and where necessary to enforce them.

 

The only people that you can count on to produce a proper solution for you are the Courts. Actually this is the most straightforward and most easily negotiated path to take, although for some reason other most people are not bothering and am sure that the credit reference industry very relieved about this.

 

I don't know why this is such an unpopular course of action. At the end of it there is potentially some decent compensationavailable to people who put their case correctly and itemise their damages.

[joneseyblod]

Very interesting response BankFodder

 

My sister is just at the early stages of legal action against HSBC and MCS, issues over agreements, account closures, default notices issues with CRA's etc. Currently trying to help her out as she has never been to court before nor have I. Is is a rather daunting prospect.

[BankBailoutNo3]

How about this one, 1st (and only) missed payment was due on 01/07

 

Default notice (so they claim) issued on 05/07

 

Would they issue a default notice 4 days after a missed payment?

 

Seems a bit fast, surely your given bit more time than that?

 

Anyone had this experience with NW before?

[BankBailoutNo3]

Sorry, same info posted twice, computer playing up.

Edited February 12, 2009 by BankBailoutNo3
Duplicated post

[taximan]

Thank you bankfodder. I am going to Pursue this through the courts, Could you advise me on the best way to get the process started.

I am tinking about using the basis that I had 2 months arrears at the time of the default, amounting to £600, but as I was paying PPI (which has now been refunded)over the 2.5 tears the loan had ben running I had paid more than £600.00 in PPI, therefore the actual loan was not in arrears.

Do I need send LBA?

Can I download a claim form from Moneyclaim online?

 

TM

[bridgendgirl]

I really hopr someone can advise because I really need to get a mortgage soon, but I have jut had my credit report and find that I had a default placed on it in Dec 2007 by British Gas. I do not recollect ever receiving a notice of default from them. I started the process with them and have received a letter from them saying that I was told by telephone that I woud be having a default if I didn't keep to my payments. I am positive this never happened.

 

Can they do this by telephone?

 

I would be so grateful for any replies on this.

[Rhia]

A notice of default from British Gas? I didn't think the utilities could a) access your report no b) ever added defaults - after all what are you defaulting n? You either pay you bill or you don't. I'm puzzled.

[bridgendgirl]

Thank you for the reply Rhia. I didnt think Utilities could do i either but it is definitely there. I am so worried about it and of course it doesnt come under the Consumer Credit Act.

The letter I have from them tells me that they warned me over the phone!! I dont remember them doing this.

 

I thought a default was a legal document giving a debtor notice???

[taximan]

Hi

Edited November 29, 2009 by taximan

[taximan]

Can anyone tell me is a warrant neccasary to reposses a vehicle, or is a return of goods order enough, even when over 95% of the payments have been made

Graham

[taximan]

Hi

I have had a vehicle on HP since 2005,

the car cost £10000, a

nd repayments are £387 per month over 4 years,

 

in november 2007, i had some financial difficulties,

and the HP company took me to Court, and a suspended reposession order was issued,,

 

I then brought the account up to date, untill August this year,

 

I was late making a payment, and I was charged £300, as they said a bailiff had been to my house to collect the vehicle,

(I never seen tghe bailiff, neither did he leave anything to say that he had called),

 

they said in a telephone call that I had to pay the installment plus the £300,

otherwise they were coming back for the vehicle.

 

I paid this by debit card, however due to having to pay the charge I was unable to make the next payment.

 

There is a balance of £700 owing on the agreement, and I recieved a call yesterday,

stating that they are coming for the car on Sunday,

and if I dont hand it over they are reporting it stolen,

 

I was also told that they would not accept any form of payment, as they wanted the vehicle back.

 

I phoned the court to see what i could do

and the lady said that no warrant had been issued,

and she didnt think they could do what they are threatening,,

Hope someone can advise me on this

 

Thanks

 

 

Graham

[hallowitch]

i don't think they can either try posting in legal and see if you get any help there

by the way bailiffs are not allowed to work on a Sunday

[taximan]

Thanks Hallowitch, have taken yr advice an posted in legal,

[supasnooper]

Have you read any of the stickies at the top of this forum ?

 

Also, do a search through the forum for similar instances to yours.

 

I would advise that you keep to one thread as any advice given is scattered across the site.

[Nintendo Pü]

I had to pay the installment plus the £300,

 

Check the terms of your HP agreement, does it enable the HP company to charge you £300? If yes, then you dont have to pay it, but to retain your car with a suspended repo order, it might be better to pay it then recover it throught the courts pursuant to Schedule 2(e) of Regulation 5(5) of the Unfair Terms in Consumer Contracts Regulations 1999.

 

The £300 charge might be ordered by the court when it granted a suspended repo order. Phone the court and ask how much the costs order was made out for. Remember, court staff cannot give advice.

 

If there is no court order then the repo man cannot take your car.

[hallowitch]

Have you read any of the stickies at the top of this forum ?

 

Also, do a search through the forum for similar instances to yours.

 

I would advise that you keep to one thread as any advice given is scattered across the site.

 

 

sorry that was my fault i should have said get it moved it to legal not post it in legal

[ploddertom]

I thought once you had paid a proportion of the debt off then they cannot do anything unless they first obtain a Court Order, If you say you have had this since 2005 over 4 years then apart from what you have outstanding then surely you comply with having paid a large percentage off the debt.

 

PT

[Nintendo Pü]

Most HP agreements tend to work on the basis the goods belong to the lender until the final payment is made.

[taximan]

Well He said he would be Here at 830, still no sign, I am beginning to think that these are scare tactics.

[hallowitch]

i had a wee read on the welcome forum and i think if you have paid over a 1/3 of the the finance they cant just come and take your car

but I'm not 100%sure because you had a suspended repo on the car i notice on you other thread you have paid 95% of this debt and i would think as the repo was suspended they would have to take you court to get the suspension lifted to remove the car

 

 

another thing thats been bugging me is why you paid the finance company the bailiffs fees anything Ive read on here about bailiffs fees its always the bailiff company chasing the debtor for there fees

something to look into i think

 

and if the bailiffs had been to your home you should have had some kind of paperwork

 

i would send the finance company a subject access request

[lordcrocket]

sounds like theft if you are trying your damm hardest to me surly if the baliff got the car towed then is'nt surly classed as theft i'm not sure exactly on what else but feel free to pm me and ill give you my number etc and another website to look into

[ukaviator]

I would strongly advise NOT to PM anyone you don't know. We have to protect our members from claims touts, and also to ensure that any advice given is open to debate, qualification, and where necessary, correction.

 

Please read section 3.5 of the forum rules :

 

http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

[taximan]

The reason I paid the bailiffs was because the finance co would not accept the September payment from me

as it was quite a few days late and that they have passed it to their recovery agents,

 

When I phoned the agents (or bailifs ), they would not accept the payment unless I paid the £300 as well,

 

They said the money was for a visit they supposedly made,

although they are unable to say when this was,

 

I was in a bit of a panic at this stage so paid them,

this was why I was unable to make the next payment, hence the situation now.

 

The recovery firm are telling me that the suspended repo order from Jan 2008,

is all they need to repo the vehicle, Also they are refusing to accept the full balance.

 

I cant understand why he phoned making these threats, would not accept payment, and didnt turn up to collect the vehicle.