Billing Finance Car Loan Issues - court papers arrived - scotland. **SETTLED**

[luisedinho]

Just waiting on their next move now. Will they continue the vendetta even though financial ombudsman involved? Will they lie to them to try to get the result they want and continue things? Would be nice to get their 'charges' removed from the defecit. Just waiting on this month's 'charges'.

 

The annoying thing is I am making an effort to pay each month (can afford 2/3) yet they made no effort to help which wll hopefully count in my favour.

[dx100uk]

i would n't worry too much at this point no

the fos are involved

 

do you think there are other charges involved here that you have lost the records on?

 

dx

[dx100uk]

looking to the schedule of charges list

 

they can ALL go on your charges list.

 

that duplicate copy of agreement fee

 

was that an sar request by you

 

or thats just what they charged you,,how did you ask for it

on the phone or by letter?

 

how many payments have you made

 

how much is outstanding.

 

dx

[luisedinho]

I checked what i had paid using bank statements and remembering evey charge since the start of october when the problems started.

 

Since then I have been paying 2/3 of the regular payments as it is all can afford and I am paying approx 15th of the month instead of the 1st (why they keep adding 'charges')

 

I have paid approximately half the agreement and am due to pay another £80 round about the 13th of this month-standing order set for every 28 days.

 

Been no red letter yet this month so far.

 

The bit that annoys me is they ask you to let them know if you are strugling so you do and the attitude is 'tough we dont care, pay up or else',

even when I asked for income/expenses form they refused claiming 'they didnt feel it was necessary'!!!

[luisedinho]

Got latest red letter today reads as follows

 

5/3/13

 

Dear Mr *****

 

Final Warning Before Termination

 

Agreement Number H******

Arrears Balance £446.72

 

A Default notice was recently issued to you as you are in breach of the terms and conditions of your agreement. This Default notice has now expired.

 

You have failed to repay the requested amount by the date shown in the Notice and therefore we are about to terminate your Hire Purchase agreement.

 

If you choose to ignore this message we will be left with no alternative other than to take further action to recover the outstanding debt. This could be either through the court or Collection Agents. You will be liable for all fees and costs incurred by any action taken.

 

Once your agreement is formally terminated, no further arrangments can be made.

 

To prevent the above action taking place you MUST contact us WITHIN 48 HOURS.

 

 

Today I emailed them saying that was unfair, they know the situation and I only recieved the letter today-sent 2nd class!!!.

 

Also I phoned the FOS-case with adjudicator and awaiting call back from them and I asked can they continue their campaign despite the complaint being in they said they could if they believed they were in the right.

 

Now I am worried. Can they just terminate now? Can they report car as 'stolen' so if I am spotted driving it can they have the police stop and impound it?

 

Think I need this to get to court where hopefully a sheriff will favour me when they see I am making efforts to pay where they are making no effort to help.

[dx100uk]

Now I am worried. Can they just terminate now? Can they report car as 'stolen' so if I am spotted driving it can they have the police stop and impound it?

 

Think I need this to get to court where hopefully a sheriff will favour me when they see I am making efforts to pay where they are making no effort to help.

 

 

no they cannot.

 

get that spreadsheet done

 

get a complaint letter in.

 

did you send that SAR?

 

we need all the statements from day one.

 

dx

[luisedinho]

Thats a relief just now because the car is vital. Ive asked for one just waiting to see if I continue to get blanked or not

[luisedinho]

I do know what I intend to do if/when this goes to court-I intend asking to pay at £80 per month while unemployed and double that when employed-surely thats reasonable enough?

[dx100uk]

so you've sent an official SAR request from here with £10 yes?

 

dx

[luisedinho]

sorry just emailed them-need to do it properly

[luisedinho]

Just looked at the envelope today's letter came in-letter dated 5/3/13

posted 6/3/13 2nd class

-they knew what the were doing!!!

they knew that would take longer than 48hrs to arrive!!

[dx100uk]

from now you need to slow down

 

and follow advise

 

this needs to be done properly

 

as you can catch them out quite easlily

for not folowing pre action protocol etc

 

dx

[luisedinho]

Right in the next few days I am going to get that SAr, their 'solicitor' sent this email earlier

 

Please confirm what information it is you are seeking and make payment of the statutory £10 fee. Payment can be made by a cheque payable to Billing Finance Limited or by credit or debit card over the phone. Please make it clear when making payment that the £10 relates to your subject access request to avoid the payment simply being allocated against your outstanding balance

[dx100uk]

you wish ALL information as detailed in the SAR request.

 

dx

[luisedinho]

Right will ask for everything

 

Job done, paid on line and sent email requesting every single piece of information.

 

Request recieved,got till 17/4 to feed me the info

 

Recieved today (12/3)

Sent 08/03 2nd class

 

Notice of Termination

 

Your Default Notice has expired. As a result we have now TERMINATED your agreement.

 

You are now in possession of the vehicle/goods without our consent.

 

If we do not hear from you within 24 hours to make arrangements for the vehicle/goods to be returned to us we will take steps to repossess them without further notice.

 

Your file will then be passed to our legal department to commence proceedings against you for any outstanding balance.

 

This has me worried.

Is it actually terminated or does it need the court to terminate it? If they try that I know Im going to ask to pay what I have been and offer more when I can.

Can they have the car stopped by police and siezed?

 

I have updated the FOS over their deliberate late letter sending and made another complaint to the company. All this is causing me and my partner great stress and put us under some amount of strain that could have been avoided if BF had said 'ok we know you can only pay this so do that until things change'. They get the next £80 tomorrow.

 

Email received from BF after I complained about their conduct again;Thank you for your email. I have forwarded it to our solicitors in Scotland, who are now dealing with this matter on our behalf

 

Forgot to say car is parked in the street and driveways in street dont exist but there is an open off street car park at other end and at my end a road/cycletrack that leads to council garages with parking at sides of it

 

Thats court papers arrived. Return day 17 april calling date 1st may. in my situation do I apply for a time order or time to pay direction? Really need help

[dx100uk]

ok i'll alert people for you

 

dx

[luisedinho]

Thanks. Just really need to keep the car. I am leaning a bit towards the time order justnow but havent decided.

[IdaInFife]

Hi,

 

Because you cannot afford to pay the contractual monthly payment plus the arrears then your only hope is applying for a time to pay order.

 

A judge may only grant this for a temp period.

 

How long have you been paying the £80 per month?

 

 

Is there any news on the job front?

[luisedinho]

Have been paying every 28 days since october.applying for 20 jobs a week locally and nationally-jobs I would expect a fair chance of getting but no luck

[IdaInFife]

so 6 months.

 

Your only option would be to apply for a time to pay order.

 

The judge will only grant this for a short period say 3 or 6 months

[IdaInFife]

this is what you need to refer too

 

http://www.govanlc.com/sinclair.pdf

[luisedinho]

That is interesting reading. I just hope in my situation I can get a favourable outcome.

[IdaInFife]

You must remember tho once the temp arrangement if agreed by the judge comes to and end and you are still in the same situation it is very unlikely they will renew it.

[luisedinho]

If it means anything the pursuing solicitor is ACH Shoosmiths, Northampton but the service was done in Edinburgh for my local sheriff court (Not Edinburgh)

[IdaInFife]

sorry i don't understand