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Default Then Termination Billing Car Finance - Still Taking Payments

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Hi guys

 

would appreciate the thoughts regarding a credit agreement ive got for car finance, that was signed in Septemeber 2009, The agreement is headed Regulated By CCA 1974 and lists Charges that may be applied as a,b,c etc.

 

When our family was hit with the loss of a job and one income coming in I was served with this

 

billingdefault1.jpg

 

billingdefault2.jpg

 

billingdeult3.jpg

 

 

Unfortunaly I dont have the envelope it was sent in or the original so dont recal which postage was used, I obtained this copy via a SAR. The amount includes 65.00 charges (only one listed as (a) in the Credit Agreement there is no mention of the other two in that signed agreement). I didnt comply and was served with this :

 

billingtermination.jpg

 

This company are still persuing me for payments and have received token payments from me.

 

I have asked them how I stand regarding an agreement and they mummbled that they would have to default me again and then there entitled to take the car, they have sent texts and phone me often using withheld numbers informing me they will recover the car.

 

In the SAR comms log it states that the finance allocating company that I used holds a spare key for the car and if the finance company needs to collect the car then he knows where the car is and can gain access to it.

 

There is still arrears outstanding and concerned, any advise plz.

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Does the fact that the Default Notice includes charges and then they go on to terminate mean anything here plz?

 

Where do I stand re an Agreement?

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Is this HP or a secured loan or a straight unsecured loan?


Oh dear, why do these things always happen to me - I don't beli...

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Not enough time to rectify IMO

 

Second class +14 days would be 18th Dec

 

1st class +14 days would be 16th but they say before the 16th i.e.15th

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Hi Guys

 

its headed 'HP Regulated By The Consumer Credit Act 1974'

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Not enough time to rectify IMO

 

Second class +14 days would be 18th Dec

 

1st class +14 days would be 16th but they say before the 16th i.e.15th

 

 

Just been reading Banker rymes with's post on faulty Default Notices and this tallies as they quote before the 14th Day

 

Does this invalidate the DN????

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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IMO the D/N is not compliant and it will be a strong arrow for your bow in defending but having other arguments will be of benefit for you if it gets to court.

 

With whom is the agreement?

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Hi middenmess

 

Its with a Finance limited company, none of the main high street companies.

 

The company has already terminated (unlawful rescission if the default notice doesnt comply????)

 

Hadituptohere

Edited by Hadituptohere
poor spelling

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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After reading some of the posts on the 'Invalid D/N' threads or indeed asking Diddydicky directly as he seems to have a handle on this subject,it might be an idea to write to them and accept the rescission/repudiation and ask for the genuine arrears that were outstanding at that time- but best to read as much as you can on the subject before committing fingers to keypad and sending that acceptance.

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Thanks middenmass

 

Thats what I was thinking/hoping will have to research some more, maybe someone more in the know will confirm (fingers crossed)

 

Thanks again

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi Guys

 

its headed 'HP Regulated By The Consumer Credit Act 1974'

 

Hadituptohere

Haven't had much direct experience of HP issues, so others can give better help.

 

But I do know the HP lender can snatch the car as you've paid less than 1/3 of the total. Less honest folk might suggest you keep it out of sight - perhaps in someone else's garage - but of course I wouldn't even think of ... :roll:

 

However, a couple of observations:

 

  • I agree with middenmess the DN doesn't give enough time to comply, but you'll need more arrows in your quiver.
  • I would read up on the status of an agreement where the creditor has accepted payment/s after termination or rescission. In particular, how - and to what extent - has accepting payment affected the creditor's rights & your obligations.


Oh dear, why do these things always happen to me - I don't beli...

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Hi and thankyou again Meldrew

 

Is there anything in the fact that the amount quoted as arrears is comprised of charges, reading the small print it states 30.00 for a default charge which is the smallest charge listed, no other charge tallies??

 

I thought id read somewhere that if the header was wrong this doesnt comply either? or am I just grasping at straws?

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Try contacting Diddydicky by PM as he may be able to advise on this.

  • Haha 1

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Thanks middenmass

 

I have done that this morning :D

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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as you have had this agreement for such a little time they will UNDOUBTEDLY snatch the car in the middle of the night (they have spare keys) and argue about the legalities of it later

 

did you keep the envelope the DN came in?

 

technically (and your best hope) is that one day short(first class) is sufficient to accept UR however- i SUSPECT that in court- a judge would be none too impressed with the fact that you have defaulted so soon on the agreement and might be "minded" to regard the day short as not having had any detrimental effect

 

if you have not accepted UR then you should

 

£30 wrong in the figures on the DN - i suspect will not be sufficient to defeat it

 

.......and you might have to lock the car away for a while!!

 

if they seize and sell it- your bill will rocket

  • Haha 1

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Hi and thanks for relpying to my sos, I didnt keep the envelope (dohh), within the default amount shown it includes charges of 65.00 and only 30.00 are shown in the signed contract.

 

I bought the car whilst the work was flowing in, but being self employed and the present climate the work dried up just before christmas period

 

Is there enough error in the default to accept UR ???

 

Thanks again

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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They have also taken token payments from me since, does that change anything??

 

Thanks


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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yes the default notice is invalid if it is one day short

 

you need to put the argument together properly

 

making payments since then however will (IMO) make it difficult for you to claim that you accepted UR so i would stop paying and accept the UR and see if you can run the argument

 

on the other hand you might like to try to negotiate reduced payments or a payment holiday with them

 

alternatively- as you have paid so little- and if you cannot afford the payments-perhaps letting them snatch the car might not be a bad idea-

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Just had a look at the payments since the default and the total payed of the car upto now is just over 1600.00, Im guessing that would be dificult to claim accepting UR, if I was to stop paying would they be able to issue another Default?

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Just had a look at the payments since the default and the total payed of the car upto now is just over 1600.00, Im guessing that would be dificult to claim accepting UR, if I was to stop paying would they be able to issue another Default?

 

Hadituptohere

 

if you have paid £1000 since the DN then you have clearly elected to hold them to the agreement (IMO) and you will not be able to claim acceptance of a UR

 

i would think that they will HAVE to issue a further DN if they wish to terminate if the arrears that you owe are higher than the original £600

since clearly if you have now paid £1000 since the DN you have paid more than what was claimed in the DN - so you appear to have remedied it!

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Is there anything to stop them collecting the payments they are pushing for and then taking the car seeing as they have already terminated and the 1000.00 was paid after termination? this was the question I put to them but just got a mummbled responce,

 

Thanks

 

Hadituptohere

Edited by Hadituptohere

I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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Hi guys i could really do with some help here on the above question, after paying further payments ive had a knock at the door today of a baliff looking to collect the car.....

After a few strong words and a lots of shouting etc he left but threatened to come back on wednesday for the car

 

i informed him that payments hasd been made since termination and that the default amount had been payed, he claimed that the claimant was entitled to the payments but the account was still terminated and he was legally within his rights to collect the car

 

 

Anyone Please??

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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no that would not of been a bailiff

bailiffs only come AFTER its been to court

 

that was a humble repro man

who in effect has no legal powers.

 

he can only take the car if you give your permission

 

so dont be fooled again.

 

as for how you stand, sadly i've got to agree with DD

 

you are on very shaky ground here.

 

it puzzles me though, as they have terminated the agreement on the back of an invalid DN.

[its date was short [i bet it was sent via UK mail S 2nd class - which takes upto 5 days to get into the royal mail system - so +4days on that = 9 days at best to be delivered] & the DN total arrears had charges included in the total]

 

my guess is you are only now liable for the stated arrears, which you have paid £1k off already.

 

if you let them take the car and it makes more than the rest of the arrears your home clean.

 

can you post up the agreement too?

 

i'd ping postggj.

 

there might be hope yet.

 

oh and who are these muppets?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Firstly, remove the car from being at risk - ensure in would not be easily seen/discovered by someone visiting your address. As dot them still taking payments, it remains your responsibility to ensure any payment mechanisms are removed when you end a payment arrangement, so cable it ASAP.

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Hi thankyou both for your comments, I will post the agreement later if I can get access to a scanner (Mines full of water..)

The company was wrights recoveries from Sheffield, Ive just Googled them and there a debt collection company...

 

The guy told me he was a baliff insrtucted by Billing Finance who the finance was with.

 

Buzby the payments were made in agreement with Billing Finance after Termination, when I enquired as to how I would stand regarding them taking the car after paying the monthly payments after termination I was told that I had remedied the arrears and they would have to serve another default notice etc if they were to take any further action.

 

thanks again guys

 

Hadituptohere


I'm far from an expert, but learning all the time!!!!!

 

If i've been at all helpful please click my star.

 

Hadituptohere OH V Capital One, **WON**

Hadituptohere V Cabot, (providian/Monument/Barclaycard cc) - ** claim struck out ** due to non complaince of CPR, Wasted Costs applied for, Default Cost Certificate issued by Court, Warrant of excecution and CC Baliffs instructed...lol 😎

Hadituptohere V Cabot, (morgan stanley dean witter/barclays cc) - account in dispute, LBA sent to barclays, awaiting responce, no responce.

Hadituptohere V RBS, default removal x 2, case dismissed, judge used Balance of Probabilities against hard Evidence.

Hadituptohere OH v Santander, Santander issue claim in court, settled out of court via Tomlin, less solicitors fees and interest.

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