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Advice please on a Contract Hire missed payment


Shanidev
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I have a French vehicle on Contract Hire and missed a payment in March. Since then they have all been on time. But, they credit my payment to previous month.

 

Biggest problem I have faced is that they have all French speak employees bar 3. They never send any response i writing, are arrogant on the phone to say the least. Language problem or deliberate ploy results in them lying through their teeth.

 

Now I have been told that either make full payment (3 month worth remaining) within 21 days or face court action. Contract expires end of this year. They will not wave charges just over £100.

 

I can just about afford regular payments. I am out of work and depend on just one salary. What can I do. They say they do not have to give any written response.

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Is this a French Finance company?

 

I know this action is fairly normal, I know that it makes you a month in arrears all the time, but I think that the only way to make this problem dissapear is to pay 2 months' together. The other alternative would have been to pay a month and a quarter over 4 months and that would have solved the problem too.

 

Where will the Court action be, in UK or France? Hardly seems worth their while for 3 months' payments (or is that 4 with the missing payment?).

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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By the time they have gone through all the procedures for taking you to court it will nearly be the end of the year anyway.

 

Just keep making your monthly payments as usual - and at the end of the contract make one extra payment to cover the missed payment.

 

Have you tried coming to an agreement with them?

 

As for the £100 charge tell them to foxtrot oscar.

 

Have they isued you with a default notice?

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Then is my opinion worthless posturing!!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I wrote to them asking for settlement figure for early settlement but they will not have it.

 

 

Then they are in breach of the agreement.

 

The Consumer Credit (Settlement Information) Regulations 1983, as amended by the 2004 regulations, set down the form and content of settlement statements. A statement must be provided within seven working days of the borrower's request.

The 2004 regulations and some later amendments can be found on the OPSI website.

Failure to comply with the regulations can lead to the OFT or local authority trading standards services taking enforcement action against the lender, using powers in Part 8 of the Enterprise Act 2002.

In addition, if the lender fails to provide a correct settlement statement he is not entitled to enforce the agreement until the statement is provided.

Have you got evidence that you have asked for the settlement figure?

 

If not write again but by recorded delivery.

 

Here is the link to the OFT page.

 

http://www.oft.gov.uk/about-the-oft/legal-powers/legal/cca/Earlysettlement

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Then is my opinion worthless posturing!!

 

No - I think thats a good idea - i did not realise it was 3 months arrears owed.

 

It will not look good for them if he was to make an effort to come to agreement and they not having any of it.

 

However he has also asked for an early settlement figure.

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  • 4 weeks later...

Well, there response came and it beggars belief. It states: Quote valid till 28th Oct 2010... letter and quote is dated 8th Nov 2010 and this is the painful part. They expect all outstanding payment made in full till the end of agreement, plus payment of all arrears and then plus a payment of £260 as settlement figure. For a start, the quote was invalid before it left them. If I accept it, I gain nothing except stop incurring the cost of running it but then I am paying £260 for this privilege. Talk about sucking blood out of an anaemic person.

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