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GMAC Car Repossession - PANIC Attack


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I purchased a Peugeot 206 GTi 180 on 08/12/2003.

I ran into a few repayment problems along the way until October 2007 when my O/H lost her second job and money became very tight as a result payments were missed. January 2008 GMAC contacted me at my place of work to discuss payment options. I tried to explain that it was difficult to make normal payments and then arrears but they wouldn't have any of it. In a panic I quickly worked out that to cover the arrears and make normal payments i would have to pay them £413.00 per month until December then the agreement would end as first agreed with no further loss to them and still they were very reluctant they wanted all the arrears upfront and then resume normal payments. I did however make January's payment over the phone there and then of £413.00. I then made a further payment in February of £413.00. Then the worst happened my clutch went on the car big disaster just when you don't need any further expense. I had no choice but to get the car repaired as I need it to do my job and as a result I had to use the £413.00 March money to pay the repair bill of £380.00. So the vicious circle of life continues.

 

I contacted GMAC to explain that I would not be able to make payment in March as a result of the clutch repair. Guess what they didn't want to know "pay us the arrears or we will default you". At this point I thought they already had way back in 02/2004. I was at a stale mate they refused to talk to me and I could not pay the arrears like they wanted.

 

I then tried to re mortgage my home to pay off all my existing debts and of course GMAC. But do to the credit crunch coming at the best possible time I couldn't get a re mortgage. They contacted me further to collect the arrears and I told them that I had tried to re mortgage my home but failed and what should we do now. They said they would have no alternative but to pass my account over to Close Assist and Thay would contact me soon.

 

Well Close Assist sent me a letter on 14/05/2008 saying the arrears were now £1792.94 including the next monthly installment of £293.32. I left it at that as I could not raise the money to pay the arrears. Close Assist then contacted me a work and a rather arrogant and sharp person insisted I make an arrangement to meet with one of their advisor's in two weeks time on the 30th June 2008 at 15:00. The 30 th came and I had to take a day of work to meet this advisor who actually seemed nice. He got out his laptop entered a few details regarding my predicament and proceeded to send this information to GMAC. While we waited for a reply from GMAC he then said if I didn't either surrender the car before they default or pay in full the arrears of £1792.94 I would have to pay £600 in legal costs and go to court for repossession. I tried to explain I was prepared to resume payments of £300.00 per month until the debt was settled. He then opened his laptop again and in a box on the screen there appeared a message stating that GMAC was prepared to give me three months to clear the arrears. I said that was impossible as I have no more money to give them over the £300.00 pounds stated. I told him that the total balance outstanding included PPI insurance that was mis-sold to me and I was going to claim that money back also charges had been applied to the balance so the figure stated for the remaining balance was false. He then showed me a copy of a default notice and said "you will probably get one of these through the post if you don't pay the arrears now".

 

I decided to take the opportunity to S.A.R GMAC and received a whole load of information including a sheet which itemised all the charges on my account.

 

02/03/2004 £15.00 14 day delinquency

17/03/2004 £15.00 30 day delinquency

25/03/2004 £30.00 NOD issued *******

05/04/2004 -£60.00 Fees payed

08/02/2007 £15.00 overdue notice letter

12/02/2007 £15.00 NOD coming ******

16/02/2007 £30.00 NOD issued ******

20/03/2007 £15.00 30 day delinquency

02/04/2007 £30.00 NOD issued ******

12/09/2007 £15.00 overdue notice letter

20/09/2007 -£15.00 in error (isn't that sweet)

12/10/2007 £15.00 14 day delinquency

12/11/2007 £15.00 14 day delinquency

24/11/2007 £15.00 NOD coming

28/11/2007 £30.00 NOD issued ******

09/04/2008 £30.00 NOD issued ******

 

Few look at all those NOD's!

 

Well on the 7th of July guess what, I received a default notice just like he said, so much for meeting him to discuss anything I should have just said no thanks and left it at that for what he was worth. I still don't understand what his role was in all of this if he couldn't help.

 

I then took it upon myself to make arrangements to pay the debt off by standing order from my bank direct to GMAC of £300.00 per month as stated in the meeting with Close Assist. The first payment went out of my account on 28th July 2008. The next will be 28th August 2008 and so on.

 

Well I guess I was expecting it and it arrived today.... the court papers for repossession of my beloved 206.

 

So a few questions if you've manged to stay awake with all of this.

 

1. How many NOD's does it take to end an agreement (this is not a joke and I don't find it remotely funny).

 

2. I was under the impression that when a NOD is issued the agreement ends. If this is indeed the case then why hasn't my PPI payments ended also. They are still demanding I pay them £50.26 per month.

 

3. If the defaulted amount is incorrect i.e. made up of charges as I have detailed previously then is the said default enforceable i.e. can they take court action.

 

4. How long from terminating the contract (issue of NOD) before legal action is started.

 

5. Anybody got £4119.50 to borrow me (I will pay back at £300.00 per month). Just kidding... or am I...

 

6. What is my next course of action bearing in mind court action has started.

 

i can put up documents if anyone needs them so until then please give advice.

 

Many thanks for reading.

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Addendum.

 

I forgot to mention in my main post that the default notice I received on the 7th July 2008 was dated 09 April 2008. I don't know if that means anything but I thought it should be mentioned.

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Hi there, you can defend possession by offering payment towards the arrears each month. Have you been sent defence papers too?

 

Kind Regards

 

Ell-enn

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Hi, no I don't need to see them, but I need to know what sort of claim form you have received. What does it say at the top of the form? and also are there any defence papers?

 

When did you take out the finance and over how many months?

 

Kind Regards

 

Ell-enn

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The finance started 12/2003 for 60 month so ends 12/2008.

 

There is a Notes for defendant on replying to the claim form.

Response Pack.

a claim form.

Notes for a defendant on replying to the claim form (consumer credit act claim).

Particulars of claim

Notice of hearing of application

 

As you can guess I have NEVER been to court before and am scared out of my Witt's

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Well I can reassure you that no judge is going to give them possession of your car when you are only 4 months away from the end of your agreement. Is the claim from Northampton Bulk Centre?

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ell-enn

 

No it was issued from my local county court.

 

Even though the agreement would have ended in Dec 2008 I am in arrears and the total amount outstanding according to them is £4119..00.

 

Wait a minute That's incorrect I have made a payment since that figure of £300.00 and another £300.00 tomorrow. Also they have charged me £287.60 in penalty charges as outlined in my main post. so It should be £3311.40. It would still take me longer than four months to pay then off at £300 pm.

 

I have been reading about a time order but I don't know how that works.

 

Any advice on this as an option?

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I'll find out for you and come back to you tomorrow.

 

Kind Regards

 

 

Ell-enn

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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