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LarissaJ

Park Motor Finance - Default Notice

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can anyone help me with this mess I'm in with Park Motor Finance ?

 

I took out a HP agreement on a car 18 months ago for 4 years. I am paying the monthly installments by direct debit and I missed one early last year, I telephone Park a week or so later and paid the instalment by debit card, but didn't have enough funds at the time to pay the £40 DD fee(penalty charge).

 

Some months later I was still receiving letters saying that the full installment was unpaid, I have been very ill and ignored these letters thinking that they were wrong, and were only refering to the unpaid £40 fee. I have since however realised that there was another installment some months later that was returned to my bank. Unfortunatley I hadn't noticed that this had even been returned.

 

The situation now is that I have received a default notice from Park and is saying that I have to pay the arrears in 7 days or the agreement will be terminated.

 

I don't really want to talk to these people on the phone, so need to get something in writing. I was hoping that they could add the the arrears on to the agreement so that it is a month longer or increase each monthly payment by £10 or so (as my mortgage company have done with my arrears). Or in light of the default notices, is it now more serious than that?

 

I don't really want to lose the car, but I am struggling to pay for it.

Edited by LarissaJ

consumeractiongroup.co.uk

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does anybody have any advice regarding where I stand legally on this one?


consumeractiongroup.co.uk

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I know exactly how u feel. I was in a similar poistion just before Christmas with Merc Benz whom failed to set up my direct debit. I moved out of my house due to refurbishment and some of my letters went astray. In a nutshell follwing the defualt notice that i never received the contract was terminated and the vehilce repossessed. I tried to challange the reposession and are now facing £4000 in legal costs. The best advice is to to contact them asap don's ignore it. Explain your position and submit a proposal to pay the arrears. Do it in writing and send recorded delivery. Also check the agreement to ensure that they are not breaching the contract. Hope this helps.

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Ok, here's where I'm at now.....

......I have been reading through this forum for the last few weeks, to try and find a similar situation,

so that I know my rights on this matter.

 

VERY INTERESTING finds I have to say.......

....I now know that the default notice they sent to me was faulty and so the subsequent termination was unlawful

and I have sent a letter accepting their unlawful termination.

 

They have since offered to reinstate the agreement but I say "NO CHANCE".

I'm going to court with this one to fight for compensation for putting a faulty DN on my credit file.

 

I feel this way, mainly because I know I'm right, but also because I am so fed up of corportate companies bullying me and I am confident of a win.

 

I am still reading up on various threads, in order to gain as much knowledge as possible, and would like to thank you all out there for bringing this to my attention. :D


consumeractiongroup.co.uk

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cheeky so and so's are still trying to charge me interest, I've just received a default sums notice! Can't wait to get to court now!


consumeractiongroup.co.uk

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Does anybody know on average how long these companies usually wait before going for a repo order?


consumeractiongroup.co.uk

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afternoon all

 

ill deal with this in the evening

 

ime up to my eye balls at the moment

 

is this park motor finance in wales

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Hiya Postggi!

 

Yes, it is Park Motor Finance in Wales.


consumeractiongroup.co.uk

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Thank you for that link postie, I thoughorly enjoyed it.

 

I have been reading through 'tales on a dodgy dn' and invalid default notices' threads too so I'm pretty up to scratch with what's what, but now need to familiarise myself with what needs to be done when they go for the repo order, so got some good info from that thread.

 

Just to clarify though, I don't think the F.U. company referred to in that thread is linked to park motor finance. I was unsure if you thought it was the same company or just knew it would help me in general?

 

Glad to have you on my side btw :D


consumeractiongroup.co.uk

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Do You Have A Copy Of Your Agreement

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yes, I'll post it up for you, I'm just of on the school run now, so it might be later on this evening though!


consumeractiongroup.co.uk

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here are the customer copies of the agreement I received when signing for the car. If they don't come out well, bear with me!

 

give me 5 mins, I'll get the correct link


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Agreement5.jpg Edited by LarissaJ

consumeractiongroup.co.uk

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let me go through this

give me half an hour

can you post up the default notice

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can you leave in all the figures please and re-post

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yes I can, does that make a difference? I wanted to delete them in case anyone from park were snooping around and worked out it was me!


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with all there agreements i doubt they will know who you are

 

i work out the corect apr and total charge for credit

 

they are prescribed terms so are needed

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ok, here are the ones with the figures in. The last one on the ones already posted above is exactly the same, so I've not posted that one again. It needed no ammendments as there were no personal details on it.

 

agreefiguresin.jpg

 

agreefiguresin1.jpg

 

agreefiguresin2.jpg


consumeractiongroup.co.uk

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Here is the default notice

 

1defaultnoticepostggj.jpg

 

2defaultnoticepostggj.jpg

 

3defaultnoticepostggj.jpg


consumeractiongroup.co.uk

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They dropped a clanger with this one. I can see you will have a field day here. Most obvious is not enough time to rectify. I'm sure our expert will revell in this one.

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My limited knowledge leads me to think the DN is knackered

Dated 24th Dec (Christmas Eve) so everything is closed until Wednesday 30th which would be the very earliest the DN could have been received thereby my thought is the remedy date of the 7th Jan does not give a clear 14 days . . account/agreement closed ???

Lets see if I've learnt anything ;)


[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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My limited knowledge leads me to think the DN is knackered

 

Dated 24th Dec (Christmas Eve) so everything is closed until Wednesday 30th which would be the very earliest the DN could have been received thereby my thought is the remedy date of the 7th Jan does not give a clear 14 days . . account/agreement closed ???

 

Lets see if I've learnt anything ;)

 

Yes, the DN is faulty, they then sent a TN and I subsequently sent the letter accepting their unlawful recission. I have also paid the arrears due on the DN. :D


consumeractiongroup.co.uk

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After reading through his other post, I'm looking forward to Postggj's opinions on this.......


consumeractiongroup.co.uk

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After reading through his other post, I'm looking forward to Postggj's opinions on this.......

 

 

After reading the other post re this lot it should be interesting to say the least

(Glad I got it right re the DN :wink:)

Good luck

R


[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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