Close motor finance - Disputed debt default

[cyril1982]

Hi, this is my first post here and I’m hoping someone will be able to help with removing this default.

First a brief bit of background on the account;

A couple of years ago I h.p’d a vehicle through close motor finance, I paid £1600 deposit and made 14 payments in all totalling £3,600 approx. The 1/3 threshold on the agreement was £3,305.

I contacted close motors to enquire about doing a voluntary termination (paying the agreement up to half and giving the vehicle back), the guy I spoke to from close was not very happy at all.

After the call ended I decided on balance that I’d be better to keep the vehicle and did nothing else about it.

The next months payment fell due but close did not try to debit the payment from my account (I did not realise until later) then 3 weeks after the due date I get a “default notice2 in the post, I assume it’s a mistake and put it to one side to deal with later.

The next day two unlicensed repossession agents turn up without a court order, or identification for that matter, they break into the vehicle and tow it away.

I take the case to trading standards who after reviewing all the information decide to act on my behalf, they focus on the 1/3 payment issue and a lot of arguing ensues until some four months later close finally reply with a break down of charges which they say were applied to my account which conveniently takes the total paid to £5 below the 1/3.

Trading standards advise me to take the matter to the F.O.S which I do, close motor finance respond to this by selling the debt to a debt purchaser.

The D.C.A who bought the debt contacted me, I sent a cca request off, just to stall them more than anything, that was over 12 months ago, they never replied with the copy of my CCA nor contacted me again.

In the meantime the F.O.S finally responded but they totally misunderstood my complaint and feeling like I was getting nowhere I decided not to continue with the F.O.S. instead, again on the advice of trading standards, I issued a “take me to court” ultimatum to close stating that I disputed any allegation that I broke our agreement and I would defend any action they took in court with the full support of my local trading standards.

(by the way, I was not only disputing the debt based on the 1/3 argument but also on the grounds that I did not fail to make payment rather close failed to even attempt to take payment which was in breach of our direct debit agreement and further more they had refused to accept a debit card payment also, refusing to accept payments and removing the vehicle, thus denying me access to and use of the vehicle was in breach of our contract and therefore it was close motor finance and not myself who broke our agreement and for that reason I owe them nothing – it was this argument more so than the 1/3 argument close seemed reluctant to contest in court)

Close decided not to pursue me for the alleged debt and did not take me to court, however, they have since recorded a default against me with all three C.R.A’s

I dispute this 100%, it is not a true reflection of the account and I maintain that it was they not myself who broke our agreement and no money is owed.

How do I tackle this one guys? Any ideas?

Thank you in advance.

[postggj]

Afternoon

 

As This Was An Illegal Repo And Recession Of Contract

 

Why Have You Not Claimed All Payments Back Etc

[postggj]

Who Is The Dca And Do They Own The Debt Or Just Collecting On Behalf Of Close

[cyril1982]

The DCA were called JB Debt recovery and they own the debt and as i say they haven't replied to my CCA request or contacted me since april 2009.

 

the reason i haven't reclaimed all payments back is because close motors denied i had paid over one third claiming that charges levied against my account brought the actual balance to just £5 below the 1/3 mark. this included £50 for a default letter being sent and a couple of £35 charges for phoning me when they had problems debiting a payment early in the agreement.

 

I knew nothing of these charges and in part this is why i requested a copy of my CCA to see if these excessive charges were agreed within the CCA.

 

This is why trading standards advised me to let them take me to court, so that we could let a court decide how much i had really paid off the balance but of course close don't want to take me to court and have given up on this but as a parting shot have registered a £4,000 default against me.

 

What i need to know is how best to challenge this default without having to take close to court myself.

[postggj]

How Many Payments Were Missed Before The Repo

 

Jb Are Well Known To Me And Fly Close To The Wire

[cyril1982]

at the time of repo the only outstanding payment was the one they never tried to take, it was three weeks late.

it was available had they debited the account as per our agreement.

[postggj]

This Is Important

 

Do You Have The Default Notice

 

How Soon After You Got The Default Notice Did They Repo

[cyril1982]

yes i have the default notice.

 

they repo'd within days of me getting the notice however they say they sent me two default notices, one when the payment was a week late then again when it was 3 weeks late (the second one is the only one i got).

 

even if we give them the benefit of the doubt on the other default notice it's still only 2 weeks from default notice to repo.

[postggj]

can You Post Up The Default Notice

 

Do You Have Any Info When The Car Was Repo By The Repo Agency

Receipt Etc

 

Google Photobucket To Post Or You Can Email It Me As An Attachment And Ill Post It Up

 

How Do You Fancy Getting Back All Your Payments With 8 % Extra

 

And A New Car Free Of Finance

 

This One Is Going To Be So Easy

[cyril1982]

i'll scan the default notice now and upload it via photobucket.

 

the clowns who repo'd the vehicle only left me a card which said ram recovery and the guys name, not sure where this card is now trading standards had it but not sure it came back with all the other docs.

 

anyway, i've scoured the net, companies house, business pages etc can't find any company called "ram recovery" that are remotely anything to do with repossessions.

 

No business address or phone number were on the card.

[postggj]

Home

[postggj]

Name & Registered Office:

RAM RECOVERY LIMITED

12E MANOR ROAD

LONDON

N16 5SA

Company No. 03742584

 

 

Status: Active

Date of Incorporation: 29/03/1999

 

Country of Origin: United Kingdom

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7487 - Other business activities

Accounting Reference Date: 30/09

Last Accounts Made Up To: 30/09/2008 (TOTAL EXEMPTION SMALL)

Next Accounts Due: 30/06/2010

Last Return Made Up To: 29/03/2010

Next Return Due: 26/04/2011

Last Members List: 29/03/2010

Previous Names: Date of change Previous Name 28/07/2008 EXXAN LONDON LIMITED UK Establishment Details There are no UK Establishments associated with this company. Oversea Company Info There are no Oversea Details associated with this company.

[cyril1982]

that could be them, without any details from the guys who repo'd the vehicle such as a business adress or phone number though it's hard to say for sure.

 

default notice comming in a minute

[postggj]

Public Register

CRW

 

CCA Search :: CCA Search Results :: Licence Details

 

Application / Licence Details

 

 

 

Licence Number:0620311

Licence Status:Current

 

Current Applicant / Licensee:

 

Business NameCompany Registration Number Ram Recovery Limited03742584

 

Licence Notes:

 

EvtStageOpen DateNotes 1Favourable Determination14/08/2009 1Minded To Refuse MTR15/06/2009

 

Categories:

 

Debt collecting

 

Right To Canvass Off Trade Premises:No

 

 

Issued Date: 18-Aug-2009

Date Maintenance Payment Due: 17-Aug-2014

 

 

Legal Formation:

 

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

 

NamePosition Andrew Odysseos Androulla Odysseos

 

Nature of Business:

 

Other

 

Current Address(es):

 

Address TypeAddress Correspondence11, The Quadrant Manor Park Crescent, Edgware, Middx, HA8 7LU, United Kingdom Principal Place Of BusinessPremier House, 112, Unit 10 , 10th Floor, Station Road, Edgware, Middx, HA8 7BJ

 

Historic Address(es):

 

Address TypeAddress Principal Place Of Business11, The Quadrant Manor Park Crescent, Edgware, Middx, HA8 7LU

 

 

 

 

 

 

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©Copyright 2007, Office of Fair Trading Version 1.0.2.16365

 

Partners In Enforcement: Office of Fair Trading, Consumers Association, The Information Commissioner, Financial Services Authority, OFTEL, The Office of Gas and Electricity Markets and every Trading Standards Service in Great Britain.

[cyril1982]

here is the default notice

 

img007.jpg picture by thedon1982 - Photobucket

[postggj]

The Default Notice Is Dated 15 March

 

Do You Know The Date Of The Repo

[postggj]

The Date To Rectify The Breach By Would Be The 31 March

[cyril1982]

There is two dates on the notice, in the main box at the head of the letter the date is 25th january 2008 then there is the the date 15 march 2007.

 

I don't know what the march 07 date is because the vehicle was repo'd in feb 08 and the agreement was taken out before march 07 so it's not the start date of the agreement either.

[postggj]

My Mistake

 

Dated 25 Jan 2008

 

What Date In Feb Did They Repo

[cyril1982]

i'm not 100% sure it may have been the 11th, the date given in the default notice to rectify is the 10th of feb but the issue was that this deafult notice only arrived approximately 3 days before this date.

 

Given the dishonest nature of close throughout this whole episode, and given that i beleive their motivation to repo was because they did not want me to VT i beleive the default notice was deliberately sent out late, however this i can not prove.

[postggj]

What Is Bothering Me Is They Did A Repo With Only One Missing Payment

 

Do You Still Have The Agreement

[postggj]

Was The Vehicle On Your Drive Or In The Street When TheY Did The Repo

 

Do You Still Have A Copy Of The Agreement

[cyril1982]

One missing payment which was sitting in the bank waiting for them had they chosen to debit the account as per our agreement.

 

This was definately a planned repo on an account which was not in arrears for no other reason than i had enquired about doing a VT.

 

it makes financial sense, if i VT they get 50% of the total repayable and a vehicle they have no idea what they will get for at auction, if they don't take the next due payment and repo they get to sell the vehicle at auction and then bill me for the difference between that and the total amount payable plus costs.

 

Unfortunately i do not have the original copy of the agreement and so far close haven't seemed to want to supply a copy.

 

I was thinking of trying to get a copy again, but sending off to close's head office this time rather than requesting via the DCA.

[cyril1982]

vehicle was on the street, wish it had have been on a driveway they'd have been bang to rights without that court order.

[postggj]

As This Is A Recent Default, Opening Up A Can Of Worms Is Not An Issue

 

You Want To Get Rid Of That Default

 

Its Close You Need To Deal With On This One By Sending Them An Sar

 

Ill Post It Up For You

 

Did You Have Any Insurance On The Agreement

 

Ppi

Gap

Mechanical Breakdown

 

Etc Etc