Alphera car Finance (BMW Financial Services (GB) Ltd), default notice - said can only now pay £400pcm!!

[bitemarx]

My friend has a HP agreement with alphera which she has been paying off since 2018. During lockdown she was not able to make payments for approx 9 months.

 

She restarted payments at some point in 2021 when Alphera increased monthly payments by £14;

 

in Feb this year Alphera have sent her a letter stating that she owes approx £2600 and on calling them, she was told that she can only set up a payment arrangement over six months which means she has to pay £400 pm which she cannot afford at present.

 

What are the options she has in this situation?

 

 

[dx100uk]

HP for what?

has she got a copy of the agreement?

if so scan it all to one mass PDF.

 

it might be an idea to send them an SAR, too.

 

is the balance about right or have they added £100's in arrears fees which are unlawful?

 

[bitemarx]

It's a default notice they've served on her recently. 

 

 

Default Notice.pdf

[dx100uk]

Well they can't demand £400pcm

 

Does she want to keep the car?

She is very near 50% mark and could VT it only owing upto the 50% paid figure?

 

Dx

[bitemarx]

 I did mention the VT option to her yesterday but the car is essential for her work.

 

They have told her (on the phone) that the ONLY option she has is to agree to their 6 month payment term of £400 pm OR face losing the car by repossession, court etc.

[dx100uk]

Utter rubbish!!

 

they can only repo the car by going to court and getting a recovery of goods order, and as soon as the judge hears what they have told her, he will throw the case out and probably order costs against them too!! Because she can pay the agreement £pcm .

 

Now as long as she does not co-operate with them by handing the car over and they snatch it, then the agreement will be voided as the car is classed as protected goods under the consumer credit agreement rules, she has paid more than 1\3rd.

 

If they do she WINS!! And they must return the car and all payments made to date. 

 

There is always a time order, which forces them to accept any resonable £pcm she makes and is backed up by a court order to protect her going forward.

 

Dx

[bitemarx]

SAR prepared and ready to send tomorrow. 

 

Should she hold off and simply email them stating that £x pcm is all she can afford at present?

 

Or should the SAR be sent anyway?

 

OR should she just quietly keep making regular payments as she has been, so far?

 

[dx100uk]

never heard of this lot but they sound pretty much like moneybarn that think they can make up the rules as they go along.

 

forget what was said on the phone, they wont put that in writing as they'd get fined by the authorities. just like they castigated moneybarn all those times.

 

actually where this stands is...she has a default notice. that hints they MIGHT/MAY go get a return of goods order. 

if they do then wack in a time order. job done.

 

for now i think i'd just keep paying as she should do,

lets see where this goes.

 

just tell her dont ever do anything or co-operate if they come to get the vehicle, dont sign anything, dont hand over the keys nor any docs let them do what they want . if she wants a good laugh, film them on her mobile phone. act stupid is the best way. 

 

BMW Financial Services (GB) Limited trading as ALPHERA Financial Services, 

just looked up who they are.

we dont often see BMW screwing up on HP agreements

 

[bitemarx]

BELOW EMAIL RECEIVED 18 may 2022:

 

 

 

((We are writing to inform you that we have been instructed by 'BMW Financial Services (GB) Ltd' to arrange collection of your vehicle or to arrange settlement following the breakdown in communication between you and BMW Financial Services.

 

As you have paid over one-third of the total balance 'BMW Financial Services (GB) Ltd require your express consent to collect your vehicle. Without your consent, BMW Financial Services (GB) Ltd will need to instruct their Solicitors to obtain a Court Order for a Return of Goods Order. This could result in you incurring legal costs.

 

In addition, any legal proceedings will inevitably delay the sale of the vehicle which could result in a lower sale value and thereby increase the amount you owe to BMW Financial Services (GB) Ltd.

 

To avoid any unnecessary costs, would you please complete and sign the attached voluntary surrender form and contact us on 0330 390 4567 to arrange the collection at your earliest convenience.

 

If you are concerned about the content of this letter we suggest that you take your own legal advice.

 

Please can you confirm answers to the below questions by email if that is your preferred method to correspond;

 

Please confirm your date of birth

Please confirm your postcode

Please confirm the make and model of the vehicle

 

For free debt advice you can also contact free debt advice agency. Please click on the link for more information: https://www.moneyadviceservice.org.uk.

 

 

Kind Regards ))

 

BMW have cancelled the direct debit yesterday.

Is there anything I should do at this stage?

 

 

 

P.s. That SAR never got sent. Have to send this weekend. 

[dx100uk]

Dont like the fact they are doing a voluntary surrender.

typically that means you have to pay the full value of the loan minus any sale value of the car.

 

what are they upto?

who has sent this email?

 

DX

[bitemarx]

Gcmi.co.uk 

 

Anything that can be done besides the SAR?

 

 

 

 

 

[dx100uk]

On 30/03/2022 at 21:34, dx100uk said:

Well they can't demand £400pcn

 

Does she want to keep the car?

She is very near 50% mark and could VT it only owing upto the 50% paid figure?

 

Dx

Grosvenor. Blimey not heard of them in years.

 

if she doesnt want the car do a vt

if she wants it do a time order.

 

tell her not to engage with these scammers and never ever leave the car on a public foad, they can snatch it.

they cant fron a driveway

 

you need to get reading up here to help her properly

Go read a few 10's of moneybarn threads

[bitemarx]

She wants to keep the car. Needs it for work. 

[dx100uk]

 

 

Go do a time order tomorrow

 

 

On 30/03/2022 at 21:34, dx100uk said:

 

 

[bitemarx]

She found this when she got back from work today 

Screenshot_20220620-191408_Snapchat.pdf

 

Workign on time order now.

 

The form has a field for signature by a solicitor. Is it okay if she signs on the field?

 

Also, I have been wondering: At this stage is it reasonable to ask Alphera whether the arrears owing can be paid off monthly thus preventing going to court and/or losing her car?

OR

Shoud she apply for the time order THEN request Alphera to accept monthly payments towards arrears? One time order sent, does everything have to go through the courts?

 

Thanks again for advice!

[dx100uk]

The time order will sort/fix and override everything.

 

And fix it legally.

 

Dx

[bitemarx]

Where shoudl she send the time order?

 

Is it LINCOLN COUNTY COURT? (She lives in lincoln)

[dx100uk]

Hit time order and read it all again.

Her local county court.

 

Dx

[bitemarx]

Form n1 or form n440? 

[dx100uk]

There has been no court action to date ...so n1 doesnt apply.?

 

Dx

[bitemarx]

Thank you, dx

[bitemarx]

I've read through the content in the TIME ORDER link.

We now have the following prepared to submit in person at the drop-box in Lincoln County Court:

 

1. N440 Completed and signed

2. Cover letter explaining reasons for inability to pay resulting in outstanding arrears

3. Financial statement (showing monthly income and expenses)

 

Does she need to include a "statement of truth" for the financial statement?

 

Spoke with the county court to figure out the fees for this procedure and was told that she has to drop off the form and related docs into the "drop box" at the court and await a phone call (in 1-2 days) when they will take the payment over the telephone. Lady on the phone thinks (but nor sure) it may be £275.

Can anyone confirm ?

 

[bitemarx]

Time order has been with the court for over 10 days now. Was updated by them today that it is with the judge and moved over the listing folders so should hear back soon. 

 

Can the car be used at this time?

[dx100uk]

Yes of course she can 

Never needed to not use it 

 

She has paid over 1/3rd so the car becomes protected goods. 

 

Did you not read post 6...???

 

Dx

[bitemarx]

From previous posts I gathered that she can't park it anywhere except her driveway which sort of restricts her use of the car. 

 

Please correct me if I'm wrong: she can use the car and park it anywhere?