Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 9 of 9
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Samcyberfairy Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    Posts
    4

    Unhappy Car Finance and write off issue

    Hi
    I had an accident that effectively wrote my car off. The accident was the other party's fault, and they admitted it.
    It was taken care of by a claims company rather than my insurance company ( as a. I was only third party on my car and b. my friend is a manager for the claims company and I got excellent service).
    Anyway, I got a payout of £2000 on my car. The personal injury thing is on going but I am not dead so I don't expect much. However, my car was on finance (Black Horse) and I was only two years 9 months into the credit agreement of 5 years with them. I have never missed a payment or had a fall out with them. However, I now have to tell them my car is a write off. The other party's insurance company wrote my car off but said it would remain my property as they didn't want to be bothered with it. So I have sold it for scrap.
    My finance agreement says that if I want to pay it all off in one go I can do. Am I correct in assuming I can get them to write off any interesticon for the last 2 and a bit years , OR will I have to pay them exactly what I would owe if I paid monthly for the next 2 and a bit years if the car had not been written off? They are being very cagey about giving me any details and I can't afford a whopping great bill- if I could I wouldnt have bought a car on finance in the first place, which in retrospect was a stupid thing to do.
    Any advice very gratefully recieved.
    Thanks
    Sam

    Similar Threads:

  2. #2
    Classic Account Holder
    Help the CAG!!
    Make a contribution
    JOSH_IOU Novitiate JOSH_IOU Novitiate JOSH_IOU's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Dec 2006
    I am in
    The land of the forgoten
    Posts
    1,770

    Default Re: Car Finance and write off issue

    Sam its not stupid if thats the only way you can afford a car.

    Some people with family's depend on a car for there weekly shopping etc..

    Is the interesticon on the original finance agreement? are they charging a penalty for the agreement now you don't have a car?

    "The only thing that interferes with my learning is my education." Albert Einstein

    "No-one can make you feel inferior without your consent" - E. Roosevelt


    Don't lie, thieve, cheat or steal. The Government do not like the competition.


    All advice is offered without prejudice.
    We are being sued for Libel. Please help us by donating

    Please support the pettition to remove Gordon Brown as he was not elected primeinister. He was elected Party Leader something completely different.

    http://petitions.pm.gov.uk/gordan-brown/

  3. #3
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Samcyberfairy Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    Posts
    4

    Default Re: Car Finance and write off issue

    Thanks James. I havent actually told them anything much at the moment - just what should I do if I want to pay it off for any reason. I cant find anything in the paperwork except a rather ambiguous "payment of the balance is required within 7 days less any discount deemed applicable", which is not very revealing.
    They think I still have the car and its drivable (it only happend a few weeks ago) and I am still paying them but obviously I would prefer to get it out of the way.
    The interesticon is on the original agreement, yes, and doesnt mention penalties anywhere that I can see - just a rather stern "pay up within 7 days" kind of thing.


  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jampot Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    328

    Default Re: Car Finance and write off issue

    Ask them for a settlement figure - but the thing is, if the loan is secured on the car, and the car no longer exists, I would expect them to come looking for their money. Of course they may agree to continue to allow to pay in installments, but its probably worth putting the £2000 you received against the finance and hope it covers what was outstanding.

    I hope you haggled the £2000 payout to get the best possible deal! Insurers are notorious for providing low payouts to minimise their own losses.


  5. #5
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Samcyberfairy Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    Posts
    4

    Default Re: Car Finance and write off issue

    I expect to have to pay them the value of the car that remains but I was hoping that they would not charge me the interesticon that I would have paid over the next 2 and a bit years as I am paying the full amount remaining now rather than spread out.
    I had to use the £2k to buy another car to keep me on the road, but as the book price of my trashed car was only £1200 I didnt do to bad with my haggling
    Hopefully once the personal injury thing is sorted I will have a bit more towards the fnance. Would it be worth waiting till I get this and continue to pay my car finance and THEN ask them for a settlement? That way, at least I will have a bit to pay them with.
    I am afraid I got terribly ripped off with car finance and I have an awful feeling that its going to run into a lot of money to settle.


  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    jampot Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2007
    Posts
    328

    Default Re: Car Finance and write off issue

    As I understand it, a settlement figure SHOULD be the balance outstanding now, less any "penalty" (!) interesticon which they are obliged to add-on in the event that the loan is terminated early. So in theory, if you pay off in a lump sum now, you won't pay as much as X lots of £Y (where X is the number of installments remaining and £Y is the installment amount). You may end up paying the current outstanding (pro rata) balance, plus 6 month's interest, although whether this is a fair early repayment charge is probably open to debate...

    I guess there's no harm in asking for a settlement figure now (you might be surprised) as all they will do is give you a figure which will be valid for a certain amount of time, and as far as I know, won't trigger them into wondering whether or not the car still exists...


  7. #7
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Samcyberfairy Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    May 2007
    Posts
    4

    Default Re: Car Finance and write off issue

    Many thanks Jampot - I will give them a call.


  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Gallen Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2006
    Posts
    75

    Default Re: Car Finance and write off issue

    I hope you haggled the £2000 payout to get the best possible deal! Insurers are notorious for providing low payouts to minimise their own losses.
    On a tangent here, if the car is on finance, and the insurance company have effectively "bought" the car from Sam, isn't the insurance company liable for any further payments - as would be any private buyer who purchases a car with outstanding finance? - or risk having the car snatched back, as it wasn't legally Sam's to sell??? .....Mmm ....there's a thought!


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    meatyloaf Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2010
    Posts
    1

    Default Re: Car Finance and write off issue

    Hi

    I took out a finance on a car in 2005 for £8000, The car kept having problems so i decided to give it back to the company (Black Horse).A man came to see me and took the car away saying i would not have to pay only the arrears on the account which were about £800 or so. A week later i got a letter from them saying i owe them £4000.I feel i was tricked into signing something i shouldnt have. I started paying it back slowly, but i didnt feel i should pay for something i dont have. so im left with no car and a huge bill.someone told me i can get this written off somehow if it has been more than 5 years please help.

    Meatyloaf



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE