Default Then Termination Billing Car Finance - Still Taking Payments

[wannabedebtfreesoon]

In my opinion they have absolutely NO right to be trying to repo your car!! If they do take it they will be in serious $h1t as they need to have served a valid default notice before they are permitted to carry out any enforcement action, (including repo). The default notice you have is TOTALLY INVALID due to incorrectly stating the arrears as you have made payments since that one was issued. The mumbled response you had was them saying exactly that but hoping you didn't know your rights and would just let them get away with it!

 

If any payments are made post default or termination it renders them both invalid and they are back at square one.

 

I suppose your next move depends on the outcome you would like, i.e. keeping the car, making reduced payments etc

[buzby]

If the notice was correct at the time of issue, then unless it is rescinded, it remains valid and can be acted upon. Once they have possession, they hold all the cards. Without it, the OP has the upper hand. As for pursuing them following recovery, this will be a civil matter, and as such require to be funded by the complainant... Which usually means nothing will happen.

[wannabedebtfreesoon]

The purpose of a default notice is to make it unquestionably clear what position the debtor is in at that moment in time and exactly what needs to be done to rectify the situation. I would think that if payments are accepted post termination, that is a very good indication that the termination is rescinded. The amount of arrears today is vastly different to the amount of arrears payable at the time the default was issued, therefore the obligation on the creditor to serve an accurate default notice in the prescribed format has not been executed sufficiently in order for them to now be entitled to all the benefits Section 87 purports.

 

Just my opinion.

[Hadituptohere]

Hi and thanks again for your comments, just waiting for the credit agreement to come through via email will post in a short while.

 

I would like to keep the car as i use it for work and am self employed

 

The guy who introduced his-self as a baliff will be contacting me again on wednesday and he says hes lifting the car if I cant raise any payment..is there any case law I can refer to, to shut the prat up????

 

Hadituptohere

[Hadituptohere]

I have been reading about time orders???? would that be an appropriate way to go???

 

Hadituptohere

[buzby]

What yup outline is great in principle, but unfortunately bot backed up in law. The act of a debtor making an additional payment that somehow invalidates the original Default Notice would be a great wheeze to wrong-foot the lender. I've been in enough courts to see how additional payments can only be used to ensure the final accounting takes notice that these amounts were paid, not that they magically invalidated the process instigated by the lender.

 

To have the effect you outline, this would require the lender to not only acknowledge the payment, but explicitly agree the DN had been cancelled. Indeed, the lender may simply state they've had enough and they are no longer prepared to continue with the arrangement due to previous breach (or breaches) of terms. In this, the lender retains full control and cannot be subverted.

[Hadituptohere]

hi guys heres the agreement:

 

 

 

and some other stuff received.............

 

 

 

 

Hadituptohere

[Hadituptohere]

I have been reading about time orders???? would that be an appropriate way to go???

 

Hadituptohere

 

Ive looked at this again an im hoping someone can advise

 

Hadituptohere

[dx100uk]

time to reclaim all those chargss + interest!

 

dx

[Hadituptohere]

I aware thats possible, im sure i have a recent statement from Billing F with my latest payments on, will have to see if it has further charges on after the termination notice.

 

whould a claim for the charges make the default/termination incorrect?

 

Hadituptohere

[buzby]

No, it wouldn't. You would need to discover a failing in the execution of the agreement, not hope for a technicality that might ultimately fail. They could easily argue that if you paid after termination that was your error and not theirs, and ask if you want it back, or offset against your debt.

[Hadituptohere]

Although I had been told by one of their employes that if I paid xy and z that they couldnt take the car back as the default had been remedied and they would have to default me again before taking the car????

 

Hadituptohere

[Hadituptohere]

Id like to add im not looking for a technicality im purley looking for help as to how to keep the car (self employed and this is my work bus) and stop the low life thats been to my door pretending to be a ballif acting on instructions.

 

Hadituptohere

[buzby]

Talk is cheap! They are clearly not your 'friends' so whilst it may appear that they are being sympathetic, unless the firm actuall acknowledges that the default has been remedied AND you have this confirmed in writing, then you are still disadvantaged. (Staff giving you the impression you've got another 'life' to play with in the game of car financing, when in relaity nothing has happened, and your paperts are being used to service the default, NOT pay for the car. Whatever is said in these circumstances, you need them witnessed, and preferably in writing.

[Hadituptohere]

I have obviously not had anything witnessed, hence the situation im in now, great thankyou for your words............

 

Im I looking in the right direction for a time order????

 

Hadituptohere

[wannabedebtfreesoon]

Sorry, just been scouring my resources to double check I hadn't said anything questionable!

In Goode's Consumer Credit Law and Practice there is a great deal written on Default notices and I believe the bit that gave me that opinion was this:

"A default notice cannot validly specify a non-continuing breach that has been waived, eg by acceptance of rent with knowledge of the breach8."

I know the example refers to accepting rent payments but I would think accepting hire purchase payments would be comparable??

[Hadituptohere]

it sounds strange, im not sure but wouldnt that apply to any further default notice????

 

Hadituptohere

[wannabedebtfreesoon]

It is often like reading a foreign language I know! The breach would have been that you missed payments but as you made payments following that, the breach would be non-continuing and so by them accepting your further payments they waived the breach, if that makes any sense A default notice cannot be valid if it specifies a non-continuing breach.

 

The example given in the book is for rent payments as in; a landlord cannot evict a tenant spontaneously on the basis of a previous default if he has since been accepting rent from the tenant. It's just my opinion as usual, but it appears to me that the 2 are fairly comparable, and if they are saying the same thing then it seems likely to be the case.

 

Have they given you any info regarding time orders? I think the criteria does rest largely on your circumstances and your ability to pay within a reasonable time.

[Hadituptohere]

yeah its very alien talk, i get where your coming from.

 

The time order is what ive read up on nothing but dribble from the debt collection company after our heated discussion on friday, I have till wednesday to come up with something

 

Hadituptohere

[wannabedebtfreesoon]

yeah its very alien talk, i get where your coming from.

 

The time order is what ive read up on nothing but dribble from the debt collection company after our heated discussion on friday, I have till wednesday to come up with something

 

Hadituptohere

What will happen on Wednesday??

Did you say there were charges included in the default notice?

[Hadituptohere]

If I dont come up with 'some funds' no actual talk of how much (reall professional setup, even the note he gave me with his contact details on was run of the office daisywheel printer and pc) hes lifting the car, so he says....

 

Hadituptohere

[Hadituptohere]

there were 65.00 in charges included in the default amount, thanks for your thoughts/advise

 

Hadituptohere

[diddydicky]

as buzby has said i think you are clutching at straws with regard to payments having been made after the DN/Termination

 

notwithstanding what he has told you, in general terms a creditor owed a debt is entitled to seize any assets belonging to the debtor including any cash or cheques sent to him in error - to set off against the debt owed

 

 

don't let "barrack room lawyers" get you into even more sh*t than you are already in

[Hadituptohere]

Guys this company have continued to take monthly payments of me and ive kept the car.

 

Now things are getting a little difficult ive been making apyments but with shortfalls.

 

Billing finance have added late payment charges 30.00 and default charges of 60.00 they have sent a new default notice giving me just 14 days to pay...

 

ive paid just short of 4k and thers 4k outstanding..

 

Can an account thats already been defaulted and terminated be defaulted and terminated again???? there threatning legal action to reclaim the car if the 2nd default not paid???

 

Hadituptohere

[dx100uk]

time to get reclaiming me thinks....got ppi too?

 

what % have you paid so far?

 

dx