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

[luisedinho]

Decided to apply for a time order as I feel that is my best chance. Hopefully their solicitors (and a sheriff if it still goes that far) will see now I have filled in the income/expenses form (exactly what BF refused to do) that I am making best effort. I have even offered to prove monthly I am signing on and also offered to re-negotiate to pay more once I am in a position to also.

 

Got the yearly statement, I have paid £1089.85 (which will be £1169.85 before court date) of the advance fee of £2272.46 , the balance sits at £1308.51 (£1228.51 before court date) but if BF had been reasonable and shown understanding the charges to the value of £120 and the 'arrears (which will be £286 before court) the 'arrears wouldnt exist and the balance would be £1188.51 (£1108.51).

 

I feel at this stage and rate the balance is payable in a reasonable time (15 months maximum and 8 months after it was due to finish) and just hope solicitors and or sheriffs agree with me and set it in stone. I really do feel BF have been very unreasonable, after all I thought they had to supply me with an income/expenses form once I informed them of my situation?

Edited March 27, 2013 by luisedinho

[luisedinho]

Interesting paragraph on the statement;

Paying less than the agreed sum

If you pay less than your agreed payment in most casesd it is likely to take you longer and may cost you more to pay off the debt under the agreement.

 

If you have difficulties making payments under your credit agreement please contact us if you have not already done so to discuss terms for the rest of the agreement. You may also want to seek advice on what to do from an independent free advice agency such as the CAB.

 

Exactly what I did!!!! And they would not negotiate-only interested in getting what they want when they want, tough s**t if you cant get it!!

[IdaInFife]

I would make sure that you keep copies of all corres especially the ones you asking for help etc.

 

If they decline your offer then the judge will grant a hearing to hear you out,

[luisedinho]

A few updates;

 

Got call from FOS adjudicator just before easter-seemed sympathetic to me and gave the impression she wanted a deal sorted out. At that point she hadnt heard from BF.

 

Still no SAR but still 8 days left-putting bet on they post it 2nd class on day 39/40 (16th as deadline 17th)

 

Job inteview 17th at Breedon at the quarry on A9 at Blair Atholl.

 

Tried emailing ACH Shoosmiths to appela to their better nature, advise of the interview , explain car required to get there and basically to try avoid court. Papers are lodged to apply for time to pay order.

[IdaInFife]

you seem to have everything covered - just a waiting game now

[luisedinho]

Got the SAR today-everything is in it. Looking through it where I said they wouldnt send income/expenses form they actually said reduced payments are only possible where they have proof of difficulty-somehting they didnt ask for-only said wouldnt be necessary if payments were made and brought up to date.

 

If theyd asked for proof I would happily have photocopied a jobcentre letter and posted it in (recorded delivery). If I do get this job the offer is going up to £125-at that rate it could be paid up only 3-4 months late (allowing for wages settling down and me getting a first full month).

 

Phone call from FOS adjudicator today.

 

She has spoken to BF who will not budge or negotiate (apparantly they have sent a letter 'offering' a payment plan if the car is returned to them

or so BF have told them-not an option).

 

FOS are desperate for BF to agree to what I have proposed and have got me to try postpone the hearing so she can keep trying to get them to see sense

[IdaInFife]

I would not postpone it, Clearly BF are not interested and I cannot see what reasons you would have to postpone it

[luisedinho]

im only thinking about doing it as the FOS adjudicator is desperate for an agreement, she wants the same as me-an agreement in place and to avoid court if possible. She wants more time to get them to agree as if it gets to court they're powerless-cant judge when a court is.

[IdaInFife]

BF have taken you to court not the other way around.

 

You would need to have a valid reason to postpone it as BF can appeal it.

 

What reason are you going to use?

[luisedinho]

I'd tell the truth, that the FOS adjudicator is trying to reach an agreement and time is needed to reach one

[luisedinho]

Contact today from ACH Shoosmith

-BF's solicitors asking me to come up with a payment plan to give to BF.

 

So I told them £80 per 28 days starting 8th may if I dont get the job

and £80 8th may followed by £125 per month ( last month about £145-150) if I get it.

 

I stressed to them the car is vital especially for this job and if I lose it I will have no option but bankruptcy.

 

So the offer goes to BF,

they just laugh at it demanding £205.16 per month starting 1st may (case day!!) or else it is court.

 

This is despite me putting in writing what I can afford.

 

I will have to mention this at the interview tomorrow which could cost me this job.

 

To me it seems they just want everything their way or no way.

 

Had interview yesterday.

 

The quarry is off the beaten track and the hours are 0630-1700 so I would need the car (first train 0810 arrive 0852).

 

I had to explain the issues and tried to put a positive end on it telling how the FOS are onside and feel I have a case, which is true.

 

Got a gut feeling the BF issue has cost me the job-after all who wants to employ someone who might not last 2 weeks?

 

And with them not wanting to deal with the FOS makes me think what are they scared of coming out??

 

Are they out to ruin me by making an example of me for daring to tell them I had lost my job?

[IdaInFife]

I don't think I would have mentioned it to a potential employer.

[luisedinho]

I had no choice as the car would have been vital because of the location and no public transport.

 

Could you imagine me getting the job then having to ask for a day off for court then in a worst case tell them I cant go back as I have no way of getting there?

 

Would look like I had wasted their time.

 

On a plus note there could be a positive outcome.

 

After speaking with a family member they are looking into loaning me the balance so I have asked for a settlement figure

so I can pay for the car in full and repay the family member instead at the same rate.

 

Only thing is it could take 2-3 weeks to get hold of the money if it is possible.

 

I have relayed this to BF, ACH Shoosmith and FOS, just awaiting response.

 

Finally got response today;

 

Thank you for your email and apologies for the delay in responding.

 

The amount required to settle your account as at today’s date is £1,189.30 in accordance with the enclosed settlement quotation.

 

We have now incurred legal costs which we are also entitled to recover from you in accordance with the terms of your agreement.

 

Provided the account is settled ahead of the forthcoming hearing, we are prepared to absorb those costs,

but if it is not and the hearing goes ahead, the settlement figure may be increased by any costs you are ordered to pay

 

It seems they are desperate to make me suffer despite the fact they would be getting full payment for the car and I would be purchasing outright.

 

Once the sheriff is aware of the plan surely he would just dismiss them (hopefully award costs to me as this is a timewaste, they just want their day in court).

 

They expect the money by wednesday despite kinowing the share sale could take 2-3 weeks,

after all who has that much money lying around?

 

Just feels their mission is to deny, deprive and destroy me

[IdaInFife]

as above they are not interested in reaching an agreement

 

A sympathetic judge is the best hope you have

[luisedinho]

further update-

email recieved earlier;

 

I refer to your correspondence with my clients Billing Finance.

 

I note that you have put forward a proposal to repay the outstanding balance due once you are in receipt of funds from ******

and understand that you anticipate being in receipt of these funds within the next 2 -3 weeks.

 

I appreciate your desire to retain the vehicle and in order to avoid a Decree being granted against you

I would be content to have the hearing assigned for 01 May 2013 continued for 3 weeks to allow you to make payment of the outstanding balance in full.

 

This offer is made solely on the proviso that I am in cleared funds of the entire balance outstanding (£1,230.95) by 17 May 2013.

 

I note that you are of the view that you are entitled to the expenses of the Court action but I would point out that you are currently in arrears

on your agreement which entitles my clients to seek its return.

 

They are only exercising their legal right to do so and in these circumstances I am of the view that they are entitled to the expense of raising the relevant Court action.

 

If however matters can be resolved in the foregoing fashion my clients are prepared not to insist upon their legal expenses

and will dismiss the Court action on a no expenses basis if you make payment in full by 17 May 2013.

 

I look forward to hearing from you.

 

Kind regards Philip Philip Hall Associate

ACH SHOOSMITHS

 

The family member will be paying via their own bank account and BF have been advised to expect funds between 12-15 may

[IdaInFife]

Sorry I cannot see where on your thread you offered to clear the account?

[dx100uk]

now you have all the statements

get that spreadsheet filled out with the date and amount of EVERY PENALTY charge

each on a new line

 

good weapon for bargaining.

 

dx

[luisedinho]

I would try but this offer is on condition of payment of full amount-im not even getting money off for early settlement but if they still want court on wednesday it is worth a try. The offer to pay in full only came at the weekend when said family member offered to pay off the car for me to repay them

[luisedinho]

latest update-I didnt need to go to court on 1st may and case was continued until 17th where it will be dismissed once full and final settlement is paid. Also had call from FOS and ajudicator while pleased car will be paid off in full reckons I have been treated unsympathetically and could be in line for £100-200 compo which would be nice if it does happen-it would cover unfair charges at least.

[Pejero]

I have a car loan with Billing Finance I have 6 more payments to pay until the car is actually mine I phoned them up last week to see if I could reduce my payments for the next 3mths as I am going into hospital on the 5th June 2013 for major surgery and will be of work for about 3 mths their answer to me was no as I have entered into an agreement with them and they dont accept reduce payments I have not missed one payment since I took out the agreement out.

 

They are terrible people to deal with and they treat you like dirt anyone got any suggestions on what to do

[luisedinho]

Today I got letter from Billing Finance

-Congratulations your agreement is finished and now closed.

Glad I dont have to deal with them now.

 

Next stage pay back family member that bailed me out.

 

Pejero-they are a 2 bob ragtag cowboy shark outfit only interested in getting what they want when they want.

 

Like me you signed that agreement in good faith you had no idea what was round the corner.

 

1.Ask them for income/expenses form to cover the period

-if they refuse (which theres NO good reason to) make your own and make 3 copies-1 to them 1 for you 1 for FOS.

 

First complain to the cowboys-give them 8 weeks where theyll whitewash it then after that progress to FOS.

 

Also photocopy surgery appointment and send them a copy and send FOS a copy should you have to go there.

 

2.Cancel the direct debit and pay what you can when you can via standing order or card payment on their site.

They probably will add charges for letters and there will be 'arrears' but claim them back.

 

3.Only deal with them in writing-easier that way.

 

4.Pay £10 for an SAR- they can be interesting reading.

 

5.If 'arrears' get to about £4-500 they might get nasty but you should have a case here, especially if it is well presented and you have all bases covered.

 

6.If it does go to FOS they will listen to your side and try to get BF to play ball once they get your side.

BF wont but will play hardball instead in the hope you give up and roll over for them

-dont as they will soften eventually once they see you wont be intimidated.

 

Should it get there and you get the ajudicator I did she is good and really fights the corner for common sense and reason

-she kept banging heads until they saw reason.

 

Like me you probably have a case for unsympathetic treatment and they could be forced to pay compo to you at level I would get it.

 

Just stay strong, keep everything in writing and most important remember they are trying to trip you up

and turn on the pressure but you can catch them out and claim back any charges if you get any.

 

Like me you thought you were doing the right thing advising them of problems and being honest up front

but they are best mates when they are getting what they want but you are 5th class vermin *

*** if you upset them.

[luisedinho]

letter I got today was dated 17th so it was cleared last week.

[luisedinho]

Letter in today from FOS Complaint recommended to be upheld-Billing Finance have given their response and it doesnt surprise me;They disagree they were unsympathetic and would not agree to pay compensation but they agree to payRefund £96.07 of charges and 8% interest from agreement settlemant date to complaint settlement dateI have accepted this to finally end this situation.

[IdaInFife]

i am glad you are getting an end to this