Due to excuses i wont bore you with,

i have fell behind with 2 months car payment with Duncton.

The total comes to £698 including default charges.

I recieved a letter mid month telling me i had to make full payment of this by the 22nd of this month or the agreement would be terminated.

I spoke to a girl shortly after called Esther who had called me as i never had a valid DD set up,

and i explained to her that as i dont get paid till the last banking day of the month,

i would not be able to make any payment till after the 28th.

She said this was ok and that we would set up DD details when i called in.On the 26th,

i recieved a letter saying that my agreement was canelled and that i am no longer driving the vehicle with their consent.

Included with the letter, was a pamflet detailing what i need to do before they recover the vehicle.

This has caused me no end of worry as i only ended up in this mess due to circumstanses outwith my control.

I spoke to people at Duncton and i was very apologetic about falling behind

and stated that i am still very much willing to pay for the car and need to keep the car.

I also said that i wish to clear the outstanding amount and bring everything up to date again

so that i keep the car and they maintain to get the money for the car

.They have said that i need to pay £1000.56 in one lump or they will pass it to legal to apply to the courts for collection of the vehicle.

I cannot afford £1000.56!

This is made up of 2 months arrears, default charges and 1 months rental which is due now.

I asked if i could make a lump payment and have them increase my DD for the next few months to bring it back in line,

they said no! they dont do any form of payment plan and if i have struggled paying my original DD amount of £308

then increasing would not help me.

I just asked what i would need to do to ensure that i keep the car and bring things back to normal,

they told me either i have to pay the £1000.56 in the one go or:-

1) The account is passed to a collection agent who act on Dunctons behalf to recover the arrears.

The agents are instructed not to accept payment plans and are only given a certain amount of time to recover the arrears.

When asked about the amount of time, he said "till the end of this month at the most"

2) Duncton apply to the court to recover the vehicle.What bugs me is,

i am totally willing to pay and i am in dire need to keep my car,

they just seem unwilling to work with me so that i am able to clear this in the right amount of time

so as not to fleece me and leave me on bread and water for the month

My car is on Conditional sale and i will have had it 2 years this July.

Can anyone help me out?

As they wont agree to resheduling the payments, you need to go to court when they apply for repossesion and ask judge to consider your offer to settle or repay what you owe in a sensible time frame. put offers/negotiations to repay in writing/email to them to show judge and any replies to back up willingness to sort out.

The judge usually grants this if reasonable, but you only get one shot at this, no second chance.

Be carefull about the repossesion they may chance there arm and come round wothout an order, but say have one. Dont let them take it until you have seen it.

make sure it always parked on private land or driveway/garage, they will pick it up the street given half a chance.

good luck.

Thank you! Although i am still techniacally still at my address, i 95% stay with my girlfreind who lives in a totally different town from myself so the car is parked there at night and at a private car park at a train station during the day.I will put my views and a financial proposal of repayment to the company but make sure its sensible and shows willing to repay. I know they will reply and tell me to f-off!I'd rather not have to go to court as i dont want to be paying silly money for a solicitor. (id need one wouldn't i?)

You won't need a solicitor, we can help you with any court forms you receive. As advised above, you should write to them with your payment proposal and if possible make any payments you can direct to their bank account (if you have internet banking) and print off the transaction. I have helped someone with their Duncton problem and could get you the bank details if you need them.

Anything you post to them should be sent by recorded delivery so you can print off the signed for receipt from the royalmail website - you then keep that with your copy of the letter you sent.

You won't need a solicitor, we can help you with any court forms you receive. As advised above, you should write to them with your payment proposal and if possible make any payments you can direct to their bank account (if you have internet banking) and print off the transaction. I have helped someone with their Duncton problem and could get you the bank details if you need them.

 

Anything you post to them should be sent by recorded delivery so you can print off the signed for receipt from the royalmail website - you then keep that with your copy of the letter you sent.

Fantastic thank you so much!! If you could get the bank details for me, that would be great. I am wary about making any payments just now incase they just come and take the car anyway and its all wasted! I have to speak to the chap in the "asset management" department on Thursday and tell him how i propose to clear the £1000.56. While on the phone to him, i'll ask for his e-mail address and start firing out e-mails.

I have sent you a PM

good on you Ell-enn

Yeah Ell-en has given me some gread advice!! i'll keep you all updated on how i'm getting on

just read your thread been fighting duncton for 2 yrs now

they repossessed my car after 2 years!!!! on a 4 year agreement

i was having difficulities too financially and they would not agree anything either. they repossessed my car in waitrose car park and put a clamp on it. sma;ll town everybody looking trolley load of goceries a childmof 10 crying what humiliation. up shot was manager would not let the tow truck through the barrier to get it so left overnight but my partner stayed in the car. 10 pm a night 2 thugs came along literally "did him over" but he phoned me just as her was saying whats going on i was only a short way and was there within a couple of minutes my stuff was all over the place and i got in my car to rescue some of my things and they pushed me in and took the keys. i was towed backwards back wheels up all over the car park. eventually the police arrived and stopped them. cutting a long story short the police let them take the car. i have paid over 21,000 on a loan of 25,400 400 over the regulated limit. no one wants to know.

no it seems the car was sold for 15,000 but it wasnt we have found out from court docs they submitted over 2 years ago. it was never sold for this amount but retailed by one of their over companies west sussex cars for the full retail value. what a fraud. it seems they always give it 2 years as its when they can make the most money from the credit deal and the resale value of the car.

duncton used glasses guide to prices to value the car not the sale value they have no proof of sale i have been waiting for this for 2 years. also in court last month their own barrister commented that the agreement was irregular his own words.

was told today by a person who stores the cars "we have a large compound for duncton".

just think of the people who have been ripped by them.

i am still awaiting the trial as i managed to make an application on the late survice of documents before the trial they also tried to get me for 6700 for their costs.

we are digging deeper and the deeper we go the more it seems they are frauds as they cannot produce the paperwork to substantiate their claim we hope to throw it out on that as well as lots of other things.

this company should not operate they brake every rule in the book

oh i forgot to say it doesnt matter where you park it they will find it, mine had a tracker fitted without my knowledge and they had been tracking me for even the year previously so dont think your safe anywhere. they are also denying that even though they sent evidence of it 2 years earlier. well they have recently instructed solicitors now so they have a lot to catch up on.

thats how they got me in waitrose car park because i was not at home they use tagguard system. only every had one key partner says they had the other and sneaked in to fit it, well thats another action we have launched on them. but take heed they wil just wave a bit of paper at you advice earlier they did that to me.

Matttie, what arrears were there when they took the car? had they been to court to get possession?

Mattie! Sounds like you are having a nightmare. Did you recieve any court documents prior to Duncton repossessing your car? My car was only £10k and i bought it from an un-franchised dealer, i only got the finance through duncton. Due to this, do you think that they would have sent a tracker to the dealer to fit? If so, how do i check for it?

I am waiting to hear from thm regarding my arrears. I have had no legal docs through yet. On monday i am going to send a few e-mails regarding my willingness to pay and my proposal for a payment plan to clear my arrears so that i can take this to court if need be.

I do not like the way they have dealt with your case Mattie! Sending heavies round and man handling you is not on, also clamping your car in full view of a super market is quite rotten too. Did you have any positive dealings with them prior to that?

They will probably try and get you to release the car to one of their agents in the hope that you don't know your rights ! they may do this rather than going straight to court as they know a judge would let you keep the car provided you can show you are able to make payments.

Start making the payments you are proposing direct to their bank account - this will strengthen your position. If you don't make any payments and it does go to court the judge will want to know why you didn't.

There is no doubt if they issue proceedings seeking a delivery order it will be suspended on the terms you have offered. Or you could not wait for them to do that and apply for a Time Order yourself to get some breathing space. Perhaps if you tell them that's what you propose doing they will accept your proposal without the need for a formal order.

I have just recieved this letter:-

"Following the termination notice in respect of the above agreement we have now passed this agreement to the following agents.

Trace & Recovery UK Limited

Suite 18 & 19 Imperial Chambers

Prince Albert Street

Crewe

Cheshire

Telephone - 01270 251325

If the agent requests the return of the vehicle please make sure the following is made available to them:

1 The registration Document or V5

2 All sets of keys

3 The tax disc

4 The current MOT certificate

5 The vehicle handbook including service history book

6 Any emergency tools

It is in your interest to ensure these items are available and handed over to the agent. Failure to do so will mean that the vehicle wil have significantly reduced value when we sell it.

The consequence of this could be that the sale proceeds will be less and you will owe us more.

If the vehicle is handed back quickly and properly there may be a surplus, which we will return to you.

If you have any questions please contact the agent above quoting your reference number."

Should i call the agent and see what they have to say?

Have you actually got the V5? I understood from another Duncton customer that they keep it and then ask you to ring and pay for the tax when it was due

That letter reads as if you must give the vehicle back, which you don't. They are charting dangerous waters with communications like that. If you don't want to hand it back, ask them to issue proceedings so you can seek a suspended delivery order, or advise them that you intend to apply for a time order.

Ell-en - I dont have the V5, they keep it and send me a reminder for the tax whenever it is due. They also have the spare key, i only got the 1 and the dealer had to send the copy to Duncton.

The letter also claims that there could be a surplus if they seel it for more than is left on the finance? this seems like a big fat lie!

Thanks Gaston, Who would i do that with? the agents or Duncton direct?

I went on to Trace & Recovery's website and they dont look a nice lot! Have a look

traceandrecovery.co.uk

We are also highly experienced in the repossession of motor vehicles and equipment, and the laws that relate to their recovery.

Trace and Recovery holds full insurance from the point of repossession until we deliver your vehicle to a designated site, and we will provide a full written report on the vehicle’s condition that will be signed by the receiver.

Our national network of agents are fully conversant in data protection, law of private land, voluntary surrender, voluntary termination, lease and contract hire, which has helped us earn an enviable record for successful recovery.

Did you send a letter with your proposal to clear the arrears ? Have you made any payment direct to their account ?

Did you send a letter with your proposal to clear the arrears ? Have you made any payment direct to their account ?

Hi Ell-enn, i have not sent the letter as yet as i have been mega busy looking after my 4 year old and my girlfriend after she had an op on 2 hernia's. I deal with all of this from work and i'm due back on Mon/Tue depending on how well my girlfriend is so i will make sure that i send an e-mail detailing my proposal and also send a copy next day delivery via post.

I have money to pay them in the bank but as i said before i am nervey at paying it in just in case my car gets snaffled anyway. i'd rather get a little bit of clarity before i pay in money so that i know its not just ££ down the drain!

If you really think it is safe to make payments now i will do it but i suppose im just nervous about it all. i've never had to deal with a company like this before regarding any kind of debt so i feel like a bit of a Piers Morgan because i have let it get like this.

Do you have enough to pay the missing payments? If there are no arrears on the account they can't get possession.

No i'm afraid, my arrears are £1000.56 incl of all the default charges. I could only stretch to about £450. I could however do that every month meaning i would chip £142 a month off the arrears as well as paying the usual DD for the car

In that case you either need to wait for them to take you to court (and hope the recovery firm don't find your car first) or apply straight away for a time order to stop them going amy further.

In that case you either need to wait for them to take you to court (and hope the recovery firm don't find your car first) or apply straight away for a time order to stop them going amy further.

How do i go about doing this? If i need a form or anything where would i get this from?

Thanks for your help Ell-enn, appreciate the info