close motor finance

[stuggling]

Hi, guys my partner has a car off close motor fiance. In febuary 2010 we missed 1 months payment this is due to my partner being made redunant, we contacted close motor and made half the payment for that month (monthy payment is £139.97 we paid £70) we then cancelled the direct debit and asked them to send a standing order form to set up weekly payments, we did not recieve this so in march they went for the DD again but it never got paid, i made a direct bank payment at my local RBS for £35 and a credit card payment of £40 in march i again asked for the standing order form, i made a payment again on the 24/3 for £40 the following dates are the payments we have made all from my bank,

30/03 = £40

06/04 = £40

13/04 = £40

20/04 = £40

27/04 = £40

04/05 = £40

11/05 = £40

18/05 = £29.41 this is because i rang to ask if payments can be reduced because we are stuffing on benefits and with havin 3 children and expecting a 4 in october 2010 is was a strain on us they said ok but then wanted £35 a week.

25/05 = £35

01/06 = £35

15/06 = £35

22/06 = £35

29/06 = £35

06/07 = £35

13/07 = £35

27/07 = £35

The weeks 02/08 , 10/08 i was unable to pay anythin because the benefits changed and we couldnt make payment on the 18/08 i paid £10 and reset up the standing order for weekly payment on the 24/08 for £35 a week,

This seems a lot to pay a week for us at the moment, but we do it because we do not want to lose the car, we have had the contract since 16/05/2008 and since Febuary 2010 everymonth we have had defualt notices sent to us charging £30 a go!! everytime i ring and ask about them they tell me to ignore them and the charges are not going on, but i feel they are going on.

Last nite 18/08/10 at 22.55pm i got a letter thru the door from a company called Towerhall Solutions and when i rang them, they said it was close motor trying to find out why we hadnt contacted them!, i have spoken to several members of staff of theirs over last few weeks and explained things. They also have our mobile numbers so could have rang us!

Im now worried they will take the car of us, the default notice for 28/07/2010 says the total amount under agreement is £7713.56

total amount paid by the customer up to date of giving this notice is £4353.81.

 

in the contract under repossession your rights is states if we have paid one third of the agreement which is £2571.19, they can not repossess the car.

 

But when speakin to the woman at towehill at 11pm she said to hand it back to them i am not stupid i said we have paid well over the one third and are making payments but some weeks can be a big struggle and explained we due in 7 weeks 4 days and she just said they mite demand the full amount of arrears or go to court to get the car! WE are scared now as i can prove all the payments we have made and the fact the standing order has been reset back up for the £35 a week which is still to much for us but they refuse to go any lower, on the 5/08/10 i got a card from them sayin amount in arrears if £140.41 but i have made a £10 payment on the 18/08/10 and reset up the standing order of £35.

 

I am sorry for ranting on it just a big matter for us as we need the car and just want to get rid of close motor now causeing us too much hassell:(

[Bazooka Boo]

Car finance isn't my forte, I do know however that if you pay so much toward it, then yes technically the car is yours.

 

As for them saying the DN charges of £30 are not being added, unless they have put this in writing, I wouldn't believe them at all.

You should ONLY deal with them IN WRITING, keep off the phone to them, unless you are recording your calls?

 

If your sole income is benefits, then all they can realistically get is £1 a month, however, if you need the car then you need to work out your own I&E and work out from that what you can realistically and comfortably afford to pay each week/month.

They DO NOT need to agree to this, nor do they need to view your I&E sheet, this is private & confidential information that only a Judge can request, so don't let them tell you otherwise.

 

Stay off the phone to them, as they will tie you up in knots, and state varying degrees of torture if they don't get what they want.

YOU MUST KEEP EVERYTHING IN WRITING ONLY.

[stuggling]

thank you for replying, we now going cab because they never write to us only to issue default notices.

 

they always ring but have not done in a while. They sent out a company called towerhall solutions to talk about it, they came out at 10.55pm we did not answer the door.

They now want 80 next week then 40 every week after so we going to cab to see if we can get this reduced

[Bazooka Boo]

Thats good, hopefully CAB will be able to talk to them for you.

 

The fact that they want so much from you a week and you can't afford it is again proof of these peoples greed, I stand by what I say, if all you can afford is £1 a week/month, then this is all you need pay them, no Judge in the land would force you to pay anymore where you cannot realistically afford to.

 

Let us know how you get on with the CAB and you can always come back here for further advice if you ever need it..

[stuggling]

thank you, cant wait to see cab i got to make another £80 payment this week which i can not, so wont hopeing the cab can get it reduced till my partner back in work.

Thank you

[Bazooka Boo]

It matters not what they say they will accept, times have changed, if your circumstances have changed then all you need pay them is what YOU can realistically and comfortably afford, they DO NOT have to agree to this, as long as you are paying them the minimum of £1 a month there is very little they can do.

[stuggling]

hi went CAB they said not much can be done because it is, on Hire Purchase. They have told us we can see a solcitor to try and arrange other finical stuff but this is the biggest one we have, We were told by the Job centre to give up the car because it costing too much.

I have done a finical statement and worked out that i pay £156.62 pcm to them at the moment and this is the biggest bill we have, I explained to the CAB that we have paid over one third of the agreement and that all we wanted was the amount to be reduced to £10 a week a much more better figure, she then told us that paying one third dose not matter because if they take it court the judge is mst likely to give it to them as we not keeping up with contract payments.

 

I have been paying the £35 a week then stoppped due to benefits stopping and then paid £10 and going to be paying £10 per week, but im now worried they will go further to try and take car of us, we have told them that this is until our circumstances get better, but they won't listen.

What is a Time order? will this be able to help us? THANK YOU FOR YOUR HELP

[Bazooka Boo]

It all explained here, http://www.insolvencyhelpline.co.uk/debt_factsheets/time_orders.php#3 it basically is an order to force the creditor to accept what you are offering, but the above will explain it better for you.

 

IMO if all you can realistically and comfortably afford to pay them is £10 a week, then just pay that and explain to them by letter that this is all you can realistically afford at the present time, and when your circumstances change so will the payments, if they decide to go to court then a Judge would find it pretty hard to force you to pay more, if the car is a necessity, ie. you use it for your work then I doubt they will be able to take it from you as this would ultimately end up putting you out of a job, personally I won't drive again, it is far too expensive, you have the cost of fuel, insurance, road tax, then the upkeep and servicing of the car, then the stress of sitting in the traffic jams and watching other drivers taking chances with other peoples lives, of course you could well be living right out in the sticks where public transport is non existent so a car may well be necessary.

[stuggling]

paid them the 10 as all we could afford this week, got a call out card sent in post askin us to ring them can just about read the writing, then on same day as recveing this card, a man comes round to ask what goin on so i explained and told them everythin must now b put in writing to us he agreeded it should be, but then told us to vountery give up the car, but then he said we know you need it, he said he will go bck to hid manager and tell him.

I have written a letter showing our incomes and outgoings and a letter to explain that when we in a better poistion will pay more, also explained to them im due to give birth in 6weeks they dont seem bothered about the this, although we know the debt is there we not refusein to pay it we just askin more time to do so, i can prove i have made constant payments to them and will continue to

[Bazooka Boo]

Unforunately, being pregnant, close to death, dead even! will not stop the lowest form of life believing that the only thing that is necessary and fundamental to life is MONEY!!!

 

So informing them of your circumstances WILL NOT make any difference, so do not give them the satisfaction of knowing your 'personal' circumstances, THEY DON'T CARE!

 

I'm waitning for someone like PGH to pick up on this, he is an absolute Jedi regarding this!

 

I'll try to contact him, but he is very very busy, or he's in the bloody Bahamas again!

[stuggling]

thank you, we are goin to continue on the £10 per week payments

[Bazooka Boo]

If £10 a week is all you can realistacally afford, then their is absoluteley nothing they can do, they will not be able to take you to court and order ypu to pay more, as long as you are paying them 'something' then that is better than nothimg..

[stuggling]

just had towerhall solutions ring me at 8.40pm to come round and discuss it said no as it late and gettin children to bed, they said so what. I hung up, i know rude but really didnt have energy to argue.

Then 10mins later her male company partner rang said i was rude and he wants to reposse car, told him cant without court order as i have paid more then a third of agreement, he said i havent then i told him i had and had proof he told me i can not afford car so he wants it, told him ive made payments and it is all to be put in writing, he said no we going to court and we will win, he then says give me the car and it wont go to court or let us round now to discus. At this point i was ancry n upset told him no n stop the big bad baliff boy act! Told him again payments have been made and will continue to b made i then asked again for it all to be in writin n hung up again.

After this i rang police who were brill, told me if they came round to ring them also told me to go trading standards as not actin in the right manner im at cab in mornim hopein solictor can do sumthin to help, got very upset at the blokes manner from towerhall thing is closemotor havent even wrote to us just got them invovled with out us knowin

[Bazooka Boo]

Absolutely hats off to you for going to the Police, well done!

CAB should be your fist point of contact, if for nothing else to let off a bit of steam and have a good old moan to them about these imbeciles.

 

If they do darken your doorstep any time in the future, you MUST ring the Police 999 and report a breach of the peace, your number and address will be on record as having previously reported this incident, so they should be round in seconds few.

 

Now you know why the golden rule on CAG is to never speak to these neanderthals on the phone, they grunt out empty threats and talk about things way above their station in the hope of intimidating you.

 

Consumer direct are who you need to make a complaint to give them a ring, and tell them exactly what you have described plus that the Police are aware, and they will pass this direct to the OFT & TS as they sit alongside each other, so three birds with one stone.

http://www.consumerdirect.gov.uk/contact

 

You might like to report these fools to OfCom also for breaching the communications act;

127Improper use of public electronic communications network E+W+S+N.I.

 

(1)A person is guilty of an offence if he—

 

(a)sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or

 

(b)causes any such message or matter to be so sent.

 

(2)A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

 

(a)sends by means of a public electronic communications network, a message that he knows to be false,

 

(b)causes such a message to be sent; or

 

©persistently makes use of a public electronic communications network.

 

(3)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.

 

(4)Subsections (1) and (2) do not apply to anything done in the course of providing a programme service (within the meaning of the Broadcasting Act 1990 (c. 42)).

http://www.legislation.gov.uk/ukpga/2003/21/contents

 

http://www.ofcom.org.uk/contact-us/

[stuggling]

hiya, thanks for helpin in this. OK ! i rang trading standards this morning got put thru to comsumer direct. I explained about towerhall solutions she said we will go into later, i explained about close motor and what was happening she then asked me if i had rang and discussed it with them, i said no as i wanted it all in writing she said then send a recorded letter saying that you can only afford £10 per week and enclose a I & E form, i said i was going to the CAB to get help with this, she then said there was no need as all they needed to know was how much. I then askd about towerhall solutions and she said it will be ok if you keep up with payments. Got a ref number of them incase of problems !

Then went the CAB over it and she was very nice, but when she looked into it she said lets ring them see what going on so did, while we were there she asked what would be the minimum payment thet would except he said £45 a week to pay the £137.97 and the rest to go on the arrears, she said if they couldnt what then, he said we could give the car back and pay nothing, if not they send a termention of contract and if no success they will send a debt collection company she then said it had already got to that stage and he didt reply, she then said what then! and he didnt say anythin she then said would you get a court order he replyed yes.

She spoke to us sayin that we would have to pay the £45 per week because if they go to court they will win as we not keeping up with the agreed contract! i was shocked by this and asked why she said a judge would say you can not afford the car and take it off you even thoe i made clear i was making regular payments and it was only till my partner back in work. But she said they will get the car back if dont keep up with the weekly payments!

She then suggested we declare bankruptcy but i said no as it would mean us loseing everythin and that all the other creditors agreeded to the pcm payments, but these wouldnt she then said it would wipe all your other debts off thoe! i couldnt care about that as we are paying them we got them and we pay them back we can afford to pay them, they not a problem and this was the only one!

She then rang close motor and said they will pay £45 a week towards it, and that if we miss one payment they will go to court and get an order out to get the car back and would win!

I also asked about the default notices and she asked him and he said we get charge £15 everytime one get sent as they automated and said if we keep up with payments in 5-6 months he will look at the account and may !!! refund the charges ! tho i say may i doubt this very much !

really not happy as now we got to pay the £45 a week, thoe i asked on several occasions about a court time order she then said she dosent knw about them and that we would prob not get one as we can not afford the agree monthly payments.

 

If towerhall solutions call again i will just be rejecting the calls and not anwersing the door, the police were more helpful the cab theo!! think i need to calm down and chill but this is just so stressful as they wont listen to a word we saying

[Bazooka Boo]

OK, not too worry, some people would rather roll over than fight, as it is far easier to do so.

Hopefully others will pick up on this thread and either be able to give further solid advice or have a different perspective on the whole thing.

 

I do believe that as you have paid so much they will need to go to court and get a court order to repo the car, yes by not maintaining the original agreement whereby you said you would pay X amount each month and have failed to do so, is a breach of the contract, but the sole fact that you are willing to pay £10 a month, is tremendously better than paying them nothing, and this will go in favour of your defence if they ever took it to court, if £10 is all you can afford to pay, the £10 is all you should pay, matters not if they accept it, just pay it, they will find it very difficult to get a judge to make you pay more if you can't afford it.

 

Then as soon as your circumstances change, for the better, pay them more.

[stuggling]

Hi, i posted on here a while ago. In may 08 we took a HP on a car and in feb 10 missed our 1st every payment due to being made redunant we made arragement to pay and continued to pay but some weeks were missed due to finical situation, a few months back when i was heavily pregant they made a debt collections person ring me on a wensday at 8.30pm, i refused to speak to the girl on the phone so a bloke then rang me and said look lets us round to dicuss the car or im collecting it now!, i called the police after a heated row on the phone to the *** (sorry still upset at how he was with me).

 

the next day we went CAB and discussed it with them we asked for a time order to be put in place as we make the monthly payments but they want an extra £12 a week to cover arrears (which are now at £250) but they add £15 per month for default notices i understand these are part of the contract. I was told that they would not apply these on top, but i missed two weeks payments of £45 recently due to havein problems and needing the money for my heating. we recieved a letter of termation but after speaking to them today if i pay £90 today and £45 on thurs he will not termenate and will carry on the £45 a week payment. this is alot for us at the moment.

 

We just want a time order in place till we are in a better financal situation, i never not refused to pay them and some weeks they asked for more money just the other week he asked for £50 and i said no but yet he took £52 of us and the £2 was apprently a debit card fee but on the receipt sent to us it was not it came of the balance owed! he has done this twice and CAB just tell us to hand the car back (we live in a area were buses and trains are a good 40 mins away and no local shops) and also told us to declare bankrupt all our other bills are up to date and paid and are ok and have even reduced them for us for the winter and froze interest but yet CAB still say declare bankrupt it would be easy (to them yes but to us no) we are tryin to save to pay for a licence to get back to work as had job offers but need a certain licence for the job, but we cant afford to save for it as we are paying out on this way to much.

 

can we get a time order to get them to stop the threats and contuine monthly payments with just an extra 10 per month on top this would clear arrears and would not need to extend the HP agreement i have worked everything out but yet they wont listen to us they just want it all now now now! please help guys be very much appraciated ( i am sorry for my spelling i am rubbish at it)

[Tingy]

I think your best bet is to go back to CAB. If you are lucky enough to be given another payment arrangement, make sure you stick to it, or if for any reason you can't, contact them and tell them well in advance along with whay you'll do to repay the amount owing. They will only give you so many chances.

[stuggling]

ive been cab, n they dont have a clue ive been court n got a time order, they only offered us one payment plan then had me threaten by a debt collector of whom i had to get police involved as i was heavily pregnant at time

[dx100uk]

get those charges back

they are unlawful

 

we need more info

 

please post up the agreement:

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

dx

[dx100uk]

threads merged.

 

do what you have been advised by BB to do.....

 

pay £10PCM and IGNORE the fleecing phone calls

DO NOT ANSWER THEM

THEY HAVE NO LEGAL POWERS

 

if they call at your door again CALL THE POLICE [non - emerg number though!]

keep doing it.

 

you are under no legal obligation to neg with these fleecers.

 

they cannot get the car back

 

and no judge will ever make you pay more than you can offer

they will be laughed out the door

 

sit tight, enjoy your xmas and the impendingbaby.

 

get your priorities right!!!

 

dx

[stuggling]

hi sos no replied i stuck to mu guns and paid what i could, and they sent it to a another sister company of theres who agreed with our offer of payment and funny enough the amount owed dropped by over £1000 i cant wait to get rid of them been nothin of trouble i went in to early labour due to the stress they caused

[dx100uk]

get reclaiming

 

dx