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

[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?

 

[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

[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

[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

 

[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

[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

[dx100uk]

 

 

Go do a time order tomorrow

 

 

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

 

 

[dx100uk]

The time order will sort/fix and override everything.

 

And fix it legally.

 

Dx

[dx100uk]

Hit time order and read it all again.

Her local county court.

 

Dx

[dx100uk]

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

 

Dx

[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

[dx100uk]

Read my post 6.

 

 

[dx100uk]

Yes but they snatch it she wins.

gets the car back for free or Equivalent monetary value and all her payments and owes nothing as they voided the HP agreement.

 

all of this would now be immaterial if shed done the time order as advised wayback in march.

 

Dx

[dx100uk]

notice of time order hearing date 

what previous paperwork did she get.?

 

i asked you earlier about this.

 

dx

 

[dx100uk]

ah makes sense - read it properly DX says defendant BMW...

 

tick box exercise only.

 

dx

 

 

 

[dx100uk]

nothing

its simply to rubberstamp the time order i suspect.

 

dx

 

[dx100uk]

none of their business

only a judge can demand to see such info

and he already has it on the time order info

[dx100uk]

On 15/07/2022 at 16:50, dx100uk said:

Yes but if they snatch it she wins.

gets the car back for free or Equivalent monetary value and all her payments and owes nothing as they voided the HP agreement.

 

Dx

 

 

[dx100uk]

what in a 10mins hearing...just ensure her I&E is correct, if its not take a few copies of a new one to court and give one to the clerk when you arrive so the judge has it infront of him.

 

its simply willy waving which weightmans are historically very well know for.

 

the judge will either grant or deny the TO.

if its denied, it will move to a future hearing.

nothing to worry about.

 

dx

 

[dx100uk]

Whatever the court/judge asks to happen 

[dx100uk]

shouldn't hurt.

 

dx