Toyota Finance - Car loan question. Very concerned!

[Bazooka Boo]

Also Postgii is the man who can regarding finance thinga-me-jigs....

I shall let him know:p

[postggj]

Do You Still Have The Car

They Have Not Taken It Back Have They

I Take It Was A Fixed Sum Loan Agreement, If So You Own The Car Out Right

 

Any Correspondants From These Cretins, Let Me Know

[master woody]

just a thought, if you own the car out right, then it must be quite new? Sell it as used car prices have gone up quite a bit due to the goverment scrapage scheme for older cars, pushing up the price of newer ones

 

then hold off for a part settlememt ( do not offer the full amount) then if you need to buy a car get one off ebay for 500 quid

[summerbreeze]

This is interesting ... if it is a Fixed Sum loan but the car is registered on the HPI register as finance outstanding so you cant sell it to try to pay off some of the debt ...what then ?

[postggj]

A Fixed Sum Agreement Will Not Be On The Hpi Register

 

The Finance Co Are Giving You A Loan, Not Hp To Buy The Car

Some Finance Companies Do Put It On The Hpi Register Until You Educate Them (welcome Finance)

 

If Its A Fixed Sum Loan Agreement, You Can Sell At Any Time With Out The Permissionof The Finance Co

[summerbreeze]

Hi postggj

 

I can assure you I have a fixed sum loan [ and being taken to court ]

 

I can assure you the vehicle concerned IS on the HPI register ....I have the print out ...it says Personal Loan Finance on it.

 

It isnt Welcome

[postggj]

Have You A Thread On This

[postggj]

Its Not Ge Or Black Horse Is It

[postggj]

They have registered their interest with HPI to keep an eye on the car - so that they are notified if you sell.

 

They are not really entitled to register an interest as they do not have title to the car as they would have with HP.

[summerbreeze]

Well they sent someone to my house to look for it ....

[postggj]

Have You Read The T & C

 

Ime Shooting In The Dark For Obviouse Reasons

[summerbreeze]

Yes they state I have to inform them of sale , loss or destruction and then I may have to pay the balance on 7 days notice less any rebate for early repayment

[postggj]

Again This Is Wrong

 

They Cant Put This In The T&c

That Would Make It a Restricted Agreement

That Hp

This Is A Personal Loan Agreement

 

I Would Love What Regs Under A Regulated Cca Agreement They Are Quoting To Be Able To Do This

 

Its Either A Hp Or Fixed Sum Agreement

 

Cant Have A Bit Of Both

 

I Would Make Mincemeat Out Of Them In Court

 

They Have No Tital To The Goods Under A Fixed Sum Agreement

 

Period

[Surfer01]

Here is my original agreement.

 

As you will see from the heading you cannot tell whether it is a HP agreement, a secured loan and just a loan as the heading is blacked out. This is supposed to be a true copy of my agreement however I doubt if it will stand up in court as obviously the intention was to mislead me. At the time i thought I was signing a HP agreement and reasonable person woudl have assumed the same.

T & Cs as follows;

 

No where does it state that the loan is secured on the vehicle although it does state that if sold payment shoudl eb made in full straight away. As the T & Cs are on a seperate sheet, I doubt whether they would apply as there is no signature on the seperate sheet.

 

Toyota Finance never ever repsond to any letters sent to them whether by ordinary mail or recorded mail.

Edited January 18, 2010 by Surfer01

[postggj]

interesting why the blanked out the heading

 

judge will want to know why

 

i can tell you now, thats no hp agreement

a regulated agreement would have a termination point on it

 

pay xyz and return the vehicle and owe nothing

 

thats a fixed sum loan agreement

 

what the curent state of play on this surfer

[Surfer01]

If we could pay xyz and return the vehicle we would have done so already but cannot do so as it si a cash loan according to Toyota finance. IMHO this is a very dodgy contract in that it has not been formulated correctly.

We are still making reduced paymenst through CCCs and still have the car in out possesion. We just don't want a DCA baning on our door every now and then although we have today posted a letetr by recorded mail indicating that we do nto want door step callers at all as per the template. I suppose their net step if the are foolish enough is to take it to court and issue a summons.

[nuke em]

DCA like receiving this !

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240705-being-bothered-debt-collectors.html

[postggj]

If This Goes To Court Ill Blow It Out The Water

[Surfer01]

nuke em that is brilliant. I will reserve it for the next time they call, that is if they have the audacity after being told in writing to "sex and travel"

[Surfer01]

Here is the latest threatogram and it sounds very intimidating. Anglia have only tried to contact me on one occasion. On several occasions I have written to Toyota but they never reply. As for the body of the letter, surely an officer of the court will only attend my home if I don't comply with the decision of the court? As for the charging order we rent so no real issue there and the amount outstanding is for £6400. Not employed at present so attachment of earnings goes out the window. Considering we are paying on a regualr basis at least two thirds of the monthly amount originally agreed on the loan, I am astonished at their hard nose attitude.

I have copies of signatures for mail received. In addition, Toyota were advised by myself that I had entered into a DMP with CCCs and CCCs contacted them to advise about the DMP and whether they agree to the lower payments but Toyota chose not to reply. No surprise there then.

Looks like they may now try and pursue it through the courts.

 

Edited January 18, 2010 by Surfer01

[PGH7447]

sounds like a standard threat-o-gram less for the last sentence -

 

and wow they gave you a whole 5 days from when? date posted / date recieved / date they dream up.

[Surfer01]

Letter was dated 12/01/2010. As I don't think the agreement is enforceable as the T & Cs are not on the back of the agreemant and when i requested a true copy they only sent a copy of the agreement and not the T & Cs.

[sammieM]

Hi this is interesting, i own a toyota and had a small amount of finance on it. Due to a banking error i had to re-instate all my direct debits but in the mean time Toyota desided to try and get the car back! they demanded i pay the full amount owing and even sent a baliff out! I had never had any letters and they claimed they ahd left a message on my answer machine. Problem there.....I don't have one! They then had the cheek to take the payment arrears out of my account! They have now had neearly four thousand pounds out of my dad as the baliff came when he was there and he paid it with out me knowing, I only owed 1500 on it! and ideas??????

[Surfer01]

Are you sure that it was a bailiff and not a DCA. If it was a bailiff then you would have had court papers etc and then defaulted befroe a bailiff is sent out.

I know Toyota have a nasty habit of not replying to letters sent to them by customers. In ther collections department there is one particulairly loathsome creature who tries to belittle you when you phone in to make a payment.

[sammieM]

Hi Surfer

 

It was a baliff. I was out working at the time, (run own business and my dad was baby sitting doggies) I couldn't belive her did it.

 

I know what you mean by the collections dept' one of them shouted at me down the phone, I got her name and reported her but you never get a straight answer! one department says one thing and another department says another, I'll never have another toyota. I've sent aletter via recorded today to the top person over the customer services etc..... I doubt i will recieve a reply.

 

I even should my bank statement to prove that the money had gone out but they challenged it, saying they don't belive bank statments. Can you believe these people.