repossesion

[buzzard10]

hiya, can anyone help? I have been a bit silly and not contacted my car finance company about 1 months arrears, which have been unpaid for 4 months. Sorry if I have posted this in wrong place, but I really need some help today.

 

They sent a default notice, (dated xmas eve) had the wrong date on it when the monthly installment was supposed to go out.

 

I was going to tackle it all in the new year, but i have today received a letter saying that because i failed to respond to the default notice that the agreement has now been terminated and an agent will be in touch to repossess the car.

 

I have no idea what my rights are now or what will happen next etc. I am so fed up can anybody help me?

Edited January 15, 2010 by buzzard10
wrong info

[buzzard10]

have I lost my car?

[Huff&Puff]

How much had you paid off the loan? I'm not all that well up on car finance, but if I remember correctly, they cannot repossess if you have paid more than a half. Hopefully Postie will be along soon, he's the real guru on car finance

[emandcole]

They sent you two default notices?

 

Could you scan and post these with personal info covered?

 

Sounds dodgy already.

[buzzard10]

oh thanks for that huff & puff - I have paid about half but they have stated on the letter i received today :

 

"If you have paid more than one third of the total purchase amount you are not obliged to return the vehicle to us but if you fail to do so we shall file legal proceedings against you in local county cour seeking and order for the return of goods you will then become liable for the legal costs of the proceedings against you"

 

is it too late to phone them and try to come to some arrangement for the arrears? it's only for one months installment plus charges.

[harrassed senior]

First things first, everything in writing (to leave a nice paper trail of who said what etc.) so the usual advice on here is do not telephone them.

 

I am a little confused by your first post, are you saying you have only missed one payment, four months ago, or have you not paid for the last 4 months?

[buzzard10]

hiya - I've only missed one payment, four months ago.

[emandcole]

One payment isn't a big deal, I'd just arrange a mutually acceptable repayment plan. If they get heavy it's totally unreasonable.

 

The default notices however are an issue as firstly they can only default you once and secondly, why have they sent another one through, is it the same as the first?

[harrassed senior]

Well, they have, IMHO been very quick off the mark with default notices:(

[emandcole]

I guess that if the payment has not been offered from four months ago they're actually about right. The time they've waited for payment is reasonable, just interested in the fact they've allegedly sent two!

[buzzard10]

One payment isn't a big deal, I'd just arrange a mutually acceptable repayment plan. If they get heavy it's totally unreasonable.

 

They have terminated the agreement though, so is it quite as easy as that now?

[emandcole]

Ok, missed the termination bit

 

Right, very different then. Can you scan and post these notices up for us, very important they've been sent with the correct information on. If they are incorrect and they've also terminated the agreement they've made a real mess of things in your favour.

 

If you can copy the originals and then modify the copies to cover your personal info before scanning that's be great.

 

If you don't have them we'll need to adopt a different strategy and quickly too.

[buzzard10]

Ok, missed the termination bit

 

Right, very different then. Can you scan and post these notices up for us, very important they've been sent with the correct information on. If they are incorrect and they've also terminated the agreement they've made a real mess of things in your favour.

 

yes, here they are. They do have a mistake on them, the date which they state the 'missed' contractual monthly payment was due on is wrong.

 

if they dont show up on here, give me a mo, I'm new to it and not sure how to do it

[buzzard10]

are these ok, or shall I make them bigger?

[emandcole]

Hi,

Bigger would be good but there are 2 dates that we're really looking for and they're covered over. What we need is the date of the letter/default and then the date they've given that you have to comply before. If you can get those up that'd do for now.

[twofoot]

You have done a good job of removing your personal data, unfortuneately you've also removed all the dates which we need. If you don't want to rescan it just tell us the dates. i.e. date of letter and when it has to be paid by. Also how was it sent and if you have the envelope what date is on that.

 

EDIT I see I was beaten to it.

[buzzard10]

Ha! yes, I guess I've been too keen there then!!

 

The date of the letter is 24th December 2009

The date to comply before is 7th January 2010

 

I'm afraid I don't have the envelope anymore.

[Nagasis]

You said there had been 2 DN's. What are the dates on the one you haven't scanned.

[emandcole]

Appears that this 'first' default notice is invalid then, no-where near 14 days and the fact it was sent over the Christmas period really throws it off.

 

Wonder if the second default was their attempt to 'correct' an earlier mistake?

 

Can you advise buzzard? Do you have this second default and if so what are dates on that?

[buzzard10]

Hiya! Sorry all, I have made a mistake myself, I have now gathered all the papers together and the earlier 'default notice' is in fact a 'notice of default sums' not a default notice.

 

What would be my next step now, regarding this other default notice? Is it incorrect?

[buzzard10]

ps. I have just notice that despite 'terminating' the agreement they have taken this months installment out of my bank account.

[emandcole]

Morning,

that makes more sense now. Ok, I take it from reviewing your first post that they have now terminated the agreement and you have this in writing?

 

If they have terminated the agreement on the back of an invalid default notice they've made a boo boo.

 

 

• What date does this termination letter have on it and did it make any demands that were time based, e.g pay us all of the money within 18 days with a figure included?
  

 

 

• Secondly, how much are the arrears? They should be listed on the actual default notice itself.
  

 

When I have those I'll do you a quick template letter to send off unless you're comfortable doing your own letter to them. You simply need to write and confirm acknowledgement of the default notice and the termination. You also confimr that your understanding of their notice is that all contractual obligations between each party have been cancelled.

[buzzard10]

morning!

The termination letter is dated 13th January 2010 and it doesn't have any time based demands, it is simply stating that the agreement is now terminated and an agent will be in touch to make arrangements for repossession.

 

The arrears are £325, it was listed on the default notice. However they have made a mistake on the default notice regarding the due date of the missed installment. it says:-

"This notice has been issued because you have not paid your contractual monthly instalment of £325 due on 15th December 2009" However, the installment which I missed was due on 15th aug.

 

What is the actual 'mistake' they have made on the default notice that you refer to?

 

Why did they take out this months installement today if they have terminated it, and can they do this?

 

Thanks!

[emandcole]

Ok, it looks as if your creditor has unlawfully rescinded on the contract. This removes certain rights they have which are strongly in your favour.

 

How favourable?

 

As your default notice did not allow a clear 14 days for you to come up with the arrears asked for of £325 the creditor broke regulations.

 

The fact that they have now officially terminated this agreement means they have closed the contract.

 

As the contract is now closed they cannot undo their mistake of issuing an incorrect default notice meaning all they are entitled to claim is the arrears specified on the default notice. This amount however also needs to be correct in every way, if it's incorrect they can't even claim that either.

 

You are not legally obligated to return the car due to the amount you have paid so they would have to take you to court to obtain an order to repossess.

 

However, an invalid default notice in combination with their notice of termination is a complete defence.

 

Do you still have the termination notice nice and safe?

[buzzard10]

yes, I have all the coresspondence on a pin in date order now.

 

When you say they didn't give a 'clear' 14 days, is that because of it being over the christmas holidays or because I wouldn't have received it to give me a clear 14 days?

 

Is it too late now to simply pay the arrears and get the contract back in place? With them taking out this months installment, it makes me think that they will agree to it and have maybe used this default notice and letter of termination as a way to 'scare' me into action, or am I being a bit naive?