carfinance/ repossion - plz someone help

[Tony_uk]

Hi to everyone,

Ok here it goes,

a few months back i started to struggle to keep up my payments as from the split with my x partner, and everythink being in my name,

 

i asked my car fianance could they take the car back, as my gearbox went on my car, a astra 2.0l sri turbo, and to get a gearbox for that make was going to cost me about 800 pounds which i could not afford.

 

So i asked them could they take the car back as i could not afford to get it fixed and the car had only done 39000 miles,

 

at 1st i asked them could they freeze the payments for a month or 2 while i tried and get it fixed,

 

they said they could not help me, and they could not take it back as it was not in default

 

4 months have gone by,

 

i had then decided to keep the car, and put it in to a garage to get fixed for over £1,000

 

post arrived this morning with

 

a letter stating they want the arreas by 22nd oct,

i said i cant pay untill the 26th when i get paid,

 

post this morning with

a letter stating that they have cancelled my aggreement with me and they want the car back,

 

I phoned them up and asked what were the arrears?

 

£1,300

 

i said ok i will pay over the phone, the guy left to see his supervisor and returned to say its too late that they want it back,

 

gutted as i had brought new alloys for it & paid £1,000 to get fixed in garage,

 

offered to pay the £1,300 arreas, no they won't accept it,

 

what can i do now?

 

as i don't want to loose the car,

 

and i have to wait now to hear of there solicitors in the next 7-14 days,

if they sell the car at auction for 3 to 4,000

i will even offer them the money to buy it,

 

were do i stand on this...any help appreciated.

 

 

siteteam note:

i have tried to edit and spell check this post as it was a bit unclear.

 

dx

Edited October 26, 2010 by dx100uk
clarity

[dx100uk]

who is the oc please?

 

they can not have thecar and the finance!

 

dx

[Tony_uk]

lol sorry, i can see were you are coming from, i am still annoyed, i will try again in english

[Tony_uk]

Hi to everyone,

Ok here it goes,

a few months back i started to struggle to keep up my payments on my car as from the split with my x partner, and everythink being in my name, left me little money to live.

 

anyway i asked my car fianance could they do anything as my gearbox had gone 12,000 miles after i got the car, and they said no, I also asked them could they freeze my payment for a month or 2 to get the car back on the road, they also said no they could not,

So I asked they to take the car back, as my gearbox went on my car, a astra 2.0l sri turbo, and to get a gearbox for that make was going to cost me about 800 pounds which i could not afford.

 

So i asked them could they take the car back as i could not afford to get it fixed and the car had only done 39000 miles,

 

They said they could not help me, and they could not take it back as it was not in default, so i missed

 

4 months to get it in default,as so much had to be in default to get them to take it back..

 

by this time, my life has changed for the better, and decided to keep the car, I put it in to a garage to get fixed for over £1,000 in total to get it fixed.

anyway did speak to the company about the situation about 3 weeks ago, were they told me i have to pay the 680 pounds arreas to keep the car, and it had to be paid on the 22nd of this month, I told them I can not pay it till the 26th as when i get paid.

 

.....post arrived this morning with,

 

a letter stating that they have cancelled my aggreement with me and they want the car back,

 

I phoned them up and asked what were the arrears?

 

£1,300

as i have a top up load on top the reason it was 1,300 in arreas, so i said ok i will pay it now...., the guy left to see his supervisor and returned to say its too late that they want it back,

 

gutted as i had brought new alloys for it & paid £1,000 to get fixed in garage, as gearbox and clutch, I have

 

offered to pay the £1,300 arreas, and they won't accept it,

 

what can i do now?

 

as i don't want to loose the car,

 

and i have to wait now to hear of there solicitors in the next 7-14 days,

i am willing to ask they if they sell it at the auction and get 3 to 4,000 for it , i will even offer them that to buy it off them as i do not want to lose it .

 

were do i stand on this...any help appreciated.

 

sorry and thanks, just hope this makes it more clear

[Tony_uk]

just to add it was the car finance and a top up loan that came to a total off 1,300 arreas, sorry just seem to be struggling to even type the correct words, i am so down about this..

[Tony_uk]

The car Finance is with Alphera Financial solutions or something..ty

[postggj]

Did you get a termination notice

 

have you paid more than a thid or half the agreement

[postggj]

They cant put a loan and car finance agreement arrears together

 

please elaborate

[Tony_uk]

Hi, I part exchanged a car that still had finance owing on it. As far as I remember they gave me the loan for the astra and then also paid off the outstanding finance on my old car and said it was a top up loan that would run along side the finance agreement.

 

Yes, I have paid more than a third and they said they can't just take the car they needed my consent. I declined to give consent and they said I will get a letter from their solicitor in next 7-14 days. Today I received what I think you mean by termination notice.

 

The first line of it reads.. By not taking any action to respond to the default notice we recently sent you, you have shown that you do not plan to be bound by the terms of our agreement. This is not true as I phoned them and told them that I was unable to pay on the 22nd as I only get paid on the 26th (today)

[wannabedebtfreesoon]

I think we really need to see the agreement to find out exactly what's what. If possible can you scan and post it up minus personal details? For the immediate future I would say do not, under any circumstances, give consent!!

[wannabedebtfreesoon]

When exactly did you receive the default notice??

[Tony_uk]

I recieved a letter on the 26th to say they have terminated my agreement and a recovery of the vehicle, with a concent form to sign if I give them permission to let them take it, that is were I phoned them up as I told them I would pay the arrears off, they told me that I had to accounts with them and the total came to 1,300 which I told them I would pay them now,

 

anyway the chap said I will go and speak to my supervisor and then returned to say he said no it's terminated and there happy to recover the vehicle, you will hear from our solicitors in the next 7-14 days as I would not give them concent to take the vehicle... As to scan the agreement I do not have a scanner sorry but would type any part you would like to know, thanks to the reply all..

[dx100uk]

use a digital camera or mobile phone

 

dx

[Montoonie1]

Have to presume that the loan is a Hire Purchase or Conditional Sale Agreement. Ordinary finance is unsecured and there would be no right to repossess the car. If it's some form of other secured loan where the car is held as collateral, the company would have to have a Bill of Sale lodged with the Royal Courts of Justice, and that's just too much hard work. If it's a Hire Purchase Agreement you have and have paid over a third of the repayments the car cannot be repossessed (which is also known as "snatching back") without a court order or your consent. As "wannabedebtfreesoon" advises, if you don't want to be in a world of hurt, don't give them your consent. But, sometimes, it might be advisable to do just that - only you can judge.

 

If the car is snatched back without court order or your consent, you're entitled to get ALLyour money back. It may be worth pointing this out to the company. Don't be afraid of "their solicitors" - this is often a first stage threat and if you make an effort to know you're rights, solicitors become less effective, but if you are summoned to court GET A SOLICITOR. In fact, it may be best to get a solicitor now, but that will come at some cost to you. It may be, however, there are other remedies, but a solicitor will do at least one free consultation. If you go to court, the court should give you an opportunity to rectify the problem - so don't spend the £1,300 you have.

 

Lenders have varying time periods under which they decide to default an agreement. Once an agreement falls into a default position, they ask for all the money back. But under the Consumer Credit Act 1974, default notices have to follow certain procedures - the first letter has to give you the opportunity to pay all arrears, that is, to allow you to bring the agreement back into terms and conditions - rectifying the defaukt or breach. If you can do this, all sins are forgiven. Doesn't sound like this has happened for you. Technically, therefore this means the lender is in breach or default of the agreement itself and you should be able to use this against them. You should check you're agreement for defualt periods and process. Also check this site for CCA 1974.

 

If you're not intending to use a solicitor, in responding to you're lender: I would first write down everything, with dates and who you spoke to, so there's a full "contemporaneous" record of the events; keep hold of it and update it. I would then write a letter of compliant to the company, stating that I hadn't received a default notice (remember a notice, means just that: it gives you notice that something is about to happen and gives you an opportunity to respond) and stating that I'd tried to pay off the arrears over the telephone, but was refused (times, dates and who spoke to - the latter isn't necessary, but they record all calls and the complaints department has access to them). The reason why I state a letter of complaint is that there is no point trying to negotiate with someone, or some company, that doesn't want to negotiate. A complaint letter forces the finance company to investigate it's own internal procedures and if (I say if, but cross your fingers anyway) they uphold the complaint, they are duty bound to rectify everything, which in you're case would put you back to where you would have been had you never missed a few payments at all. This can take some time (up to 54 days, I think), so save up the money you're supposed to pay every month and keep it safe, so you can respond quickly. Also, for court puposes, it shows a person trying their best to behave properly in the face of a billigerent lender. Talking about belligerent, I'd put in the complaint, that I'm "surprised and dissappointed by the action of the lender, as I had expected "quiet possession" of the goods (car), as per the agreement, and the actions of lender's customer representatives does not bear this out". Again, this just helps in court, if it goes that far - hope it doesn't. But "Quiet Possession" is a legal term they'll understand, should be in your contract, and should worry them.

 

All you're trying to do here, if I'm correct in my assumption, is get everything back to the way it was and this may be achieved more easily through a complaint, rather than letters and phone calls that may get you nowhere. Unfortuantely, lenders will always do what they please, which includes breaking the law. This means that you have to keep an eye on the potential for a County Court appearance. There is one other remedy - you can take them to court for breach of contract. But again, this option comes at a cost.

 

Good luck.

[Tony_uk]

Thanks for the advice, I will start my letter and email to them fir record purposes, thanks again my friend, just hope it all gies well .