Close Brothers Motor Finance - Doorstepped after ONE late payment

[SB100]

Has anyone come across this with Close Brothers? I thought they were a professional operation!

 

Wife was diagnosed with cancer a couple of months ago and I've not been able to work.

I've informed them of this.

Payments have been late for the last few months but I've always paid before the next one was due.

 

I missed last months payment, which was due on the 11th,

and told them I should have some money last Friday so would pay them-

then the DD would go through as usual from this month.

 

 

They said they'd ring me on Monday if they didn't hear from me on Friday

- I told them not to ring Monday as my wife had her first chemo session at 10am.

 

Between 9am and 10am, on Monday morning, I received five phonecalls from them

 

They have also, on several occassions during the last few months (while we've been having problems)

requested I surrender the car as I've paid over half.

I've made it clear that the cashflow was temporary and would be resolved.

 

I've just had to go to hospital with my Mum, and while I've been out we had a doorstep caller!

 

This seems exceptionally heavy handed for a £300 late payment don't you think?

 

Any thoughts?

 

I'll also

[harrassed senior]

Send this for a start:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

[SB100]

Thanks for that. I'm in shock that they'll doorstep over a £300 payment thats only a couple of weeks late though!

 

Surely this can't be right?

 

I'm wondering if they have some kind of [problem] going on, as they certainly appear to be trying to bully me in to handing them the keys.

[cyril1982]

everything you have said tallys with my experience of them, i had an arrangement to pay by debit card with them for a while and on the due date my phone used to go beserk, if i missed a call they would just redial over and over i'd have between five and ten missed calls and loads of voicemails within about an hour of each other.

 

i paid one payment about 4 days late once and a couple of days later a guy turned up to repo the vehicle, i thought it was just a mistake, i told the guy to ring his boss and check because i was upto date and if he went anywhere near the vehicle i'd have no choice but to ring the police and have him arrested, he made the call and apologised before promptly leaving.

 

now though, having had the vehicle illegally repo'd, and given that i'm in possession of records supplied by close under a SAR that show that close were secretly planning to repo my vehicle for 3 to 4 months during which time all payments were up to date and paid on time i'm 100% convinced that close motor finance are repo happy and must have some motive for this, most finance companies would rather have the cash than the vehicle but close just seem to want to get their grubby little paws on their customers vehicle literally the day they fall late on a payment.

 

i can't work out the [problem] right now but i'm convinced there is a [problem] being run here somewhere.

 

the good thing for you is that you have paid half, close can't do anything if you keep paying even if it is late, also the guy who knocked at your door is just a close motor finance employee, he has no powers what so ever so if he shows up again and asks you if you will agree to VT just say "no but i will ring the police if you dont leave my property right now" trust me he'll go away and if he doesn't have the little maggot arrested.

 

i'd suggest you write a letter spelling out that you have paid half of your agreement, they can not repo the vehicle without a court order and you have no intention to VT and you will not change your mind on the matter.

 

send the letter above regarding telephone harrassment and also state quite clearly that you do not wish to make an apointment now or at any time in the future for one of their employees to call at your property and should any employee turn up without an apointment you will refuse to discuss any detail of the account with him and will simply ask him to leave, if he does not leave you will have the police remove him as he has no legal enntitlement to be on your property without your concent. Tell them to keep all future correspondance to letter format only.

 

if you dont fall into arrears of 2 to 3 months or more the likely hood of a court granting them permission to repo when you have paid half are slim to none.

[SB100]

A couple of months ago they sent me a DN (which I immediately remedied) a couple of weeks after a payment was late.

 

My suspicion is that they're after the car as its worth quite a lot more than what I owe.

 

I put a large deposit in to it and only used the finance as a 'top up' - and it has a private plate on it which could be considered reasonably valuable. unfortunately I can't sell said plate as it belongs to a mate who emigrated and was left with me on trust.

[Bazooka Boo]

Hello Guests:D

 

Sounds like you need to contact Consumer Direct - Contact us with this see if they are aware of any [problem] regarding this outfit.

 

They will also pass it direct to the OFT and TS for you.

I hope your wifes Chemo goes well, and she gets into remission soon...

[cyril1982]

A couple of months ago they sent me a DN (which I immediately remedied) a couple of weeks after a payment was late.

 

My suspicion is that they're after the car as its worth quite a lot more than what I owe.

 

I put a large deposit in to it and only used the finance as a 'top up' - and it has a private plate on it which could be considered reasonably valuable. unfortunately I can't sell said plate as it belongs to a mate who emigrated and was left with me on trust.

 

it doesn't matter if they are after your vehicle because the fact is unless you VT they can't touch it so long as you don't fall into arrears of 2-3 months or more.

 

Just keep up with payments, don't stress about being late but don't fall into arrears then take comfort in the fact that your in the driving seat ( quite literally) and if the office gofer from close gets sent out again just ask him to wait a minute, close the door and go and make your self a brew, sit down, take it easy and see how long the clown will stand there before he gets bored and f**ks off...

 

well if you don't make an appointment, expect a long wait.....;-)

[jord_em]

I know this is was a while ago but I am taking CMF to court and wondered if I could quote your cases in court. They have tried to repo my car and issued me a defualt notice I did not recieve. However I phoned to pay the payment four days after the default (there saying they issued had expired) and they had already terminated the agreement. Then someone showed up on my doorstep an hour later!!

If the accept my payment I have paid over a third. Im not playing ball with this company and they cant treat people this way. I have hired a solicitor and am applying that they must change there late payment process and offer client some form of consideration. Thanks

[harrassed senior]

Not sure, but if they terminated the agreement then all you owe are the arrears? They can no longer claim the full balance.

[cerberusalert]

Even if they had issued a default notice you have 14 days to remedy the delinquent a/c.... that is law. If they have terminated the agreement before the DN expired they are in breach.

[SB100]

Hi everyone, had a few issues this month and as a result the car finance DD was returned. The agreement is up to date (with the exception of this payment).

 

That was a bout ten days ago. I've received several calls a day from them since, even on Sunday (which I didn't think they were supposed to do?).

 

Was rather surprised to receive a Default Notice in the post this morning!!!

 

The car is 75% paid for now, and when I've had probs with payments before (the wife has cancer and I can't work much as we have young children) they've repeatedly requested I voluntary terminate.

 

I suspect this is why they're being so heavy handed... its worth about 3x what we owe on it. Have they discovered another revenue stream?

[SB100]

I'm at my wits end with Close.

 

Due to circumstances beyond my control (wife and father both diagnosed with cancer within 12 months, then losing my job) I've been late for the last few months making car payments.

 

Close have tried to get me to voluntary terminate every month without fail. They ring sometimes 10x a day, from several different numbers, even on Sundays.

 

They've started issuing DN's on the 27th - only ten days after the payment is actually due. I've then treated that as an extra fourteen days to pay...

 

This morning I've received a letter of default sums charged.

 

DD return fee - £25.00

Typed arrears letter - £15.00

Notice of default feel - £15.00

House visit - £84.00 - this never happened

 

Now, I'm not sure how many of these are profiteering- I'm pretty sure the forceful attempts to get me to VT are, as the car's worth about £12,000 and I only owe £2,000 on it...

 

Any thoughts?

[kurvaface]

What type of agreement is it?

[kurvaface]

Can you post up a copy of it....minus personal details?

[SB100]

As far as I'm aware its a straight HP agreement

[SB100]

I'll have to dig it out... bear with me. Thanks for your help.

[kurvaface]

Check. Check the details.

 

There is usually a figure quoted where once reached by the payments made, you can return the car without paying anymore, and beyond which, the finance company has to take you to court to relieve you of the car.... I think it's 1/2

[SB100]

I don't want to return it; its worth far more than I owe on it; I could theoretically sell it, settle the finance, and buy another, but I know its reliable and with two people both having cancer treatment and four children I rely on it.

[kurvaface]

With regard to the phone calls...

 

Write to them or email the following notice:

 

Dear Sir,

 

With regard to account xxxxxxxxxxxx, please take note that I consider your repeated phone calls to my number (xxxxxxxxxxxx) to be a nuiscance and distressing and as such deem them to be harassment. Should you make further calls to this number i will report them to the police and, as set out in the Protection from Harassment Act 1997, I will reserve my right to make a claim for compensation and costs for the distress caused. If your need to contact me is of such urgency, may I suggest that you do it in writing so that clarity is preserved.

 

Yours faithfully,

 

Mr SB100 esq

 

I don't want to return it; its worth far more than I owe on it; I could theoretically sell it, settle the finance, and buy another, but I know its reliable and with two people both having cancer treatment and four children I rely on it.

 

 

I'm not saying return it....I'm saying that once you've reached this point, it's not easy for them to just take the car off you. They have to take you to court.

[Ell-enn]

Are you actualy making payments each month, albeit late ?

[kurvaface]

As for their visit...perhaps you can ask them to let you know what time the visit occured, because you don't see any visists on your cctv:-)

[kurvaface]

RE Hire Purchase on Direct Gove website

 

 

 

If your creditor takes you to court

 

The courts are there to help both you and the creditor. If you can pay back the debt in reasonable instalments, the court may let you keep your goods.

 

If you've paid more than a third of your debt

 

In this case, a creditor may try to get a 'Return Order' from the court, which forces you to return your goods. However, there must be a court hearing first (probably in your local County Court).

Before the hearing, the court sends you a 'Claim Form', which gives you the chance to return the goods yourself. They'll also send you an 'admission form', which lets you:

• explain your financial situation
  
• make a new offer of monthly payments to the creditor
  

 

You must send the admission form back to the court within 14 days. The court then talks to the creditor to see if they'll accept your terms. If they do, the hearing is cancelled; if not, or if you don't send back the form, the hearing goes ahead.

The court then decides whether or not to enforce the Return Order or 'suspend' it (meaning it will be enforced if you miss another payment later on). If you're allowed to keep your goods, the court will set your new monthly payments.

If you don't attend the hearing, the judge usually grants the Return Order.

 

[SB100]

Yep, making payments every month. Payment was due yesterday, I'm up to date other than that. The phonecalls will start tomorrow, I'll receive a dn on the 28th dated 27th, ten days after the payment was due.

 

I really don't want to get to a court situation, I'm just about managing the payments, albeit late, and want rid of them ASAP.

 

I'll post them a tel harassment letter and doorstep warning, although I've done so previously and they've ignored them. The 'home visit' was a spite thing, I'm sure of it. When they rang on the 28th last month I told them I'd received the dn and once again felt it very heavy handed for an eleven day late payment. I was asked for payment, and told them I'd pay by the remedy date on the dn, two weeks off. I paid it before the date. Strongly suspect the 'home visit' was due to him not being able to collect by month end and losing his bonus.

 

To tell you the truth, I could have paid sooner, but once they've issued the dn, which I've been charged for, I may as well pay someone else and take the extra credit...

[Ell-enn]

How many payments are left on the loan ?

[SB100]

13 of 60