Oh what a mess - Debt Collector Debt ' Pay up or else...'

[postggj]

As To Ida Post

 

Do You Still Have A Default Notice Sent By The Funding Co As Well

[joedee2k]

i do, i'll just scan it now...

 

what would happen is he'd be late making a payment..... he'd get a reminder then a default notice, then the termination letter, then he'd clear his arrears... carry on... then repeat... and they'd send him another one.

 

No mention of anything changing on the account and were quite happy to say, yep, thanks for the payment everythings clear and fine... until the VT request and then the ah, no actually it was terminated ages ago...

 

There was no further communication from F.Corp until the notice of assignment for the outstanding amount to Apex. No further requests for the car OR a court order to get it as he'd paid over 3,000 on it so way over a third. Hence why he thought it was okay to give the car to a family member who has since sold it.

 

BRB..

 

also, just noticed, the date of the the default notice i have here is 28th December 2007, giving him until 18th January 2008 to pay his arrears of 1 monthly payment 148 pounds, or the agreement will be terminated.

 

but yet on the letter for the reason why he couldnt VT the car, it states that the HP agreement was terminated by them on the 18th January 2007. and then their explaination of his continued payments to be a goodwill gesture... (us unaware of course)

 

Why then if they terminated in January 2007 as they claim did they issue a default notice in December 2007 threatening termination.. on a terminated agreement?!

 

hmmm...

[joedee2k]

the HP agreement with the PPI that wasnt cancelled by the Voluntary Termination is with a company called AIC.

 

I have the letter from F.C also telling him that the PPI balance is now due etc after the VT.

 

To avoid confusion... the HP agreement with PPI applied was on a motorbike, the HP agreement detailed above in the original post was on a car, BOTH with funding corp, who happily gave him 2 HP agreements.

[postggj]

here was no further communication from F.Corp until the notice of assignment for the outstanding amount to Apex. No further requests for the car OR a court order to get it as he'd paid over 3,000 on it so way over a third. Hence why he thought it was okay to give the car to a family member who has since sold it.

 

 

IME CONCERNED BY THAT STATEMENT

A VT OR VOLUNTRY TERMINATION MEANS ONCE YOU HAVE PAID HALF, UNDER THE CONSUMER CREDIT ACT, YOU HAND BACK THE CAR AND OWE NOTHING

 

ITS CORRECT THAT ONCE YOUREACH THE TERMINATION POINT AND HAVE NO ARREARS, YOU CAN TERMINATE

 

IF YOU BRING THE ACCOUNT BACK INTO ORDER SO NO ARREARS AS YOU SAY

 

THEN YOU CAN DO A VT

 

YOU DONT OWN THE CAR ON A VT

THE FINANCE CO DO

 

HOW DID HE SELL THE CAR AND GET THROUGH THE HPI REGISTER

ALSO THE FUNDING CO SECURE THERE CARS BY BILL OF SALE

[postggj]

So You Have It In Writing From The Finding Co They Accepted The Vt

Post It Up Please That Letter

 

mention Nothing From Now On About Selling The Car

 

now I Have The Picture

hang 5 While I Debate This

[postggj]

Post Up The Agreement Ref The Motorbike With The Ppi Also

[joedee2k]

what's a bill of sale, all we have are the documents i've scanned. He paid up on his account with no arrears and paid over the amount to VT the car, when we wrote to funding corp requesting VT they sent the letter above.. (scan 2 i think it is) saying that they would not accept a VT as the agreement had been terminated by them in Jan 2007 for previous arrears.

 

That was the last we heard from Funding Corporation until we got a notice of assignment to Apex.

 

Apex are now saying to us that THEY now own the HP agreement NOT the debt and either want us to pay a reduced settlement, the ORIGINAL payment on the HP of 148 a month OR they - not the funding corp - will want to seek repossession of the car.

 

I have no idea what happened to the car after the family member sold it on, and F.C have sent no further communications about it.

 

Apex have stated the HP agreement is still running.

[joedee2k]

just to clarify...

 

The bike HP had the PPI, that was sucessfully VT'd and the funding corporation then chased him for the money for the outstanding PPI... i have that letter saying the PPI isnt cancelled and is due.

 

I have a copy of the original HP agreement for the bike... its really hard to read though.

 

Also i will post the default notice dated AFTER the date they terminated the agreement, this is for the car.

 

Apex have the car HP money and are chasing stating the HP agreement is still running.

 

AIC have the bike PPI money and are accepting monthly payments no problem.

[postggj]

Thats Better

Clear Head Now

 

I Need To See The Agreement For The Bike With Ppi First

 

Post It Up Please And Ill Give You A Decision On The Ppi

[joedee2k]

right, i know its so confusing.... two secs...

 

Original agreement with PPi coming up for bike...

[postggj]

Ive Got To Go Out Now Joe

 

Sorry

 

Please Post Up The Docs And Ill Be Back On Tommorow

 

Done Loads Of These Car Finance Agreements

Most Are Crap

[joedee2k]

http://img.photobucket.com/albums/v173/joedee2k/scan0008.jpg

[joedee2k]

the letter we have regarding the VT of the bike and the fact that PPI is payable.

 

http://img.photobucket.com/albums/v173/joedee2k/scan0009-1.jpg

 

the amount needed to bring the payment above the termination amount was paid by OH. I have and will attach proof of this by way of a reciept from F.C for the collection of the bike.

 

We did approach the citizens advice about this when the account was passed to AIC (nearly £4000 worth after they'd added some interest as they didnt bother to communicate with us for a year or so about chasing this PPI after we didnt pay it) funding corporation told the cit advice caseworker that they didnt close the account down properly after VT of the bike, and as we didnt pay anything further and didnt get any more chasers from F.C it spiralled from 1,600 and something to 4063.

 

I have no idea if the bike was sold and payment was put towards the amount either. Can we find this out at all.

[joedee2k]

proof the VT for the bike went ahead...

http://img.photobucket.com/albums/v173/joedee2k/scan0010.jpg

[joedee2k]

the only thing left now i think is the default for the CAR - dated after the date they said it had already been terminated and couldnt VT.

http://img.photobucket.com/albums/v173/joedee2k/scan0011.jpg

 

I think that is everything everyone has asked for. I'm sorry its so complicated, you guys have been a massive help.

 

We've not written to Apex yet, and have ignored all phone calls today, should i still send the letter i'd written about a token payment offer just to make some communication?

[postggj]

Do Not Contact Any Body Yet Until Ive Confirmed A Few Things

 

Them Saying That After Xyz Has Been Paid You Can Vt The Vehicle Is Correct But I Believe Them Saying You Will Be Then Liable For The Insurance Is Suspect

 

The Hp Agreement Is A Legal Doc

 

As Its Two Agreements In One

Ie

The Hp And Ppi

 

The Termination Point Should Include Any Insurance.

 

Why Are You Liable For The Insurance Once You Exercise The Vt Is Some Thing Ime Looking Into

 

Infact You Should Get A Rebate For Early Settlement At Least

 

Do Nothing For The Time Being

 

Is Pt Or Stephen About To Add To My Comment

[joedee2k]

we're okay on the bike HP / PPI thing at the moment given AIC are not chasing us and are accepting payments without fuss.

 

Its Apex i'm immediately concerned about regarding the car, as they are demanding payments we have no prospect of making given that we are in financial hardship at the moment and can only afford token payments (our financial statement shows payments to creditors to be minus amounts at the moment!) we would like to send at least something to them to leave a paper trail showing we did let them know.. etc

 

Edited:

From what i can research myself on here and given that Apex BOUGHT my husbands debt from Funding Corporation (thats the debt, not the live agreement -which isnt even live anymore according to Funding Corporation's letter) Apex's threats of wanting to take us to court and start repossession of the vehicle unless our payments increase to 140 per month etc can't happen. Apex cant reposses the car on an agreement that wasnt made with them surely. In fact i bet they dont even have a hard copy of the actual signed HP agreement anyway, my understanding is that Apex have bought an 'amount' for us, and could only take us to court for a CCJ for the amount they purchased...

 

Hey ho, its Sunday tomorrow/today, and they cant call us - they're shut. ;-)

Edited August 16, 2009 by joedee2k

[joedee2k]

well the calls have started again this morning from Apex... i still havent sent anything to them in writing - even about a token payment.

 

Am i still better off doing nothing for the moment, can anyone advise.