Balloon payment made but Leaseplan/Network Vehicles saying two payments not made and threatening repossession?

[mrsmac2]

My husband paid the final balloon payment on his van about a month ago yet Leaseplan / Network Vehicles are now claiming that two payments are still outstanding and they may send someone to repossess the van, this was after a man turned up at our house to try and repossess the van a couple of days after the balloon payment went through. My husband rang to find out what was going on after the attempt to repossess and was told someone would ring him back, to date he is still waitng. We have had nothing in writing to confirm the final balloon payment has been paid, we have proof through our bank statement, and have had nothing in writing to say any payments are outstanding, they just seem to send someone round whenever they choose to try and repossess the van! We are quite happy to put this in writing to the company but how do we prevent someone taking the van in the meantime?

[raydetinu]

well they certainly cant take it without a court order or if on private land; but that does not stop them trying.

What sort of agreement is it; lease purchase/ pcp/ etc.

write or email them requesting details of supposed missed payments

Did you balloon payment after being prompted by them or just paid it; did you send covering letter?

[afishybusiness]

Hi

I am currently going through court with this company over GAP insurance or lack of them giving me the opportunity to take it out. The vehcile on lease was involved in an accident and was not repairable, however, there was a shortfall in the insurance. I have disputed this for some time, then made offers to pay which were ignored and nearly 18 months later a bailiff comes to my door!! I had no prior knowledge of this nor any clue about a court case. I have managed to have the judgement set aside (I will point out here that this finally occurred after two stressful weeks of having to hide our current vehicle and not open the door to anyone as was threatened by the bailiffs office and told that I should not pay money to the court but pay it to them!). Unfortunately having a stay of execution processed does not stop the bailiffs until it is granted - I had to contact Networks solicitors (very upset) and ask them to call off the Gestapo as I had followed procedure and had copies of confirmation from the courts that it was being processed and had been paid for. To cut a long and stressful story short I need people who have taken out leases with MW Vehicle Leasing/Network Vehicles or Leaseplan UK Ltd to send me a copy of their offer of GAP insurance (obviously all personal details removed) to prove my case. They say it is not their policy to offer any insurance whatsoever, although I know different and have a copy of a letter offering GAP insurance to some who leased a vehicle in the same year as me (2007). The FSA strongly recommends lease companies explain GAP insurance to their customers in order to avoid situations like mine. The judge says I must quote FSA chapter and verse and prove that they should have offered me GAP insurance (indeed, I knew nothing about this little safety net until recently. I do not have much time left to file and serve my defence - can anyone help at all? Also, I hope I have put this on the right thread - apologies if not.

Thank you

[raydetinu]

IMO it is quite normal for car finance people to appraise you of this potential situation and recommend GAP insurance, however they do not have to actually offer it as part of their package.

Soory cant help specifically about what they should or what was required as best practce at the time.

Suggest you ask FSA what their advice was at the time or trawl the net for some info.

Good luck. This is like PPI in reverse.

[Linda54]

I've had similar problems with Network LeasePlan. Anyone reading this beware of the company. They are ok until you miss a payment, for whatever reason or have a problem and then their outwardly friendly facade changes to an aggessor. There is so sympathy, empathy or understanding to your situation.. They immediately take the stance of sending a repossession order and immediately try to repossess the vehicle, however far along the contract you are.

 

I took a lease out with them for a van, on behalf of my son, who was unable to get the lease as he hadn't been at his address for more than 3 years, so suggested to my son that I, his mother, could sign the lease, which I willingly did,

 

The lease was for 4 years, which ends in May this year, therefore having paid £11,000 to date, and in May am due to make the balloon payment of £6,500 by selling the vehicle.

 

In November, due to the downturn of my son's business, he's a builder, as well as the bad weather, he ran of work. I immediately phoned them asking for if I could perhaps pay a lower amount (£100 instead of £268) until February when he does have work the make the payments up over Feb, Mar and April to the May end of contract. The point blank refused. They gave me no help except to say November's payment could be divided over Dec, Jan and Feb, making it £396 per month. When I again explained there was no work and that was impossible, they said they would then pass my account to their recovery department for repossession of the van.

 

I made a payment of £200 in December to their recovery department, to show good faith and to show my willingness to resolve the issue, explaining again the situation and asking for their patience and help. No, they again refused and passed it on to a repossession company.

 

On Tuesday I rang them to pay the outstanding balance, as my son had loaned the money from his father in law. They agreed they would take the payment, but when I mentioned that my son need to get back to work, they then put me on hold and I got a manager on the phone saying they were refusing to take the payment due to my breaching the contract by letting my son drive the van!!! When I said that there was nowhere on the contract to say he couldn't the manager then said 'AND THERE'S NOWHERE ON THE CONTRACT TO SAY HE CAN' ..

 

I then had the repossess ion company phone me, who I must say, was very nice and very helpful (Malcolm) asking where the van was for collection. I told him it was off the road, SORNed and that I was seeking legan advice, which I did on Thursday.

 

My solicitor has said that this is just a ploy by the company to repossess the van, put it to auction, for a much lower sum that it's worth, then bill me for the missing monthly hire payments to May, the balloon payment + the difference of what they got for the van, plus all other costs ie. garaging the van in that time, repossession costs etc.

 

I've told them , as instructed by my solicitor, I will apply to the county courts for a judgement to enforce them to complete the contract plus I will apply to have all telephone conversations, correspondence etc. from them and the garage we got the van from from 2008 under the Data Protection Act in order to take to court.

 

I will not let a company who treats their customers like this win .. they are an unscrupulous company, with no morals.

 

PLEASE BEWARE.