British Credit Trust - Car Repossession

[BIGMAN2708]

Hi, need some advice regards a possible car repossession. I have a car through BCT and have missed several payments due to unemployment and personal issues. I have constantly been in touch with BCT explaining the situation and they have been understanding regards my situation. Until three weeks ago, when out of the blue a guy from Ram Recovery knocks my doors chasing the arrears on the car. The car cannot be repo’d without a court order as I have paid over 50% of the loan. Arrears are £1500 at present. I told them I was not in a position to pay at present and needed time to sort things out. They are now chasing me for 50% of the arrears and if not paid within next few days will get a court order to take the car.

 

I have had nothing supplied to me in writing from Ram or BCT regards this situation and wonder where I stand with this. Contact with Ram is via a mobile number and I have been given bank details to transfer the money. Not sure if this is wise as I have no idea who these people are as I have nothing in writing. BCT has now been moved to an office in Wales (Target Loans) who are dealing with all accounts as BCT are not lending no more.

 

Can anybody advise me as what to do regards this issue please. Also, if they go for a court order, how long does this take to go through and could I make my case to the judge?

 

Any help would be greatly appreciated. Many thanks.

[Tingy]

They obviously exist as a company:

 

http://www.ramrecovery.co.uk/

 

However, I'd have thought that you are perfectly entitled to ask them to prove they have the legal right to collect this debt. Have you paid anything at all - if not trying to make just token payments would be a good idea if you can afford to, if not, let them take you to court. Judges have little time for companies that waste their time when you've done everything you can to stay in communication with them and have every intention of paying.

[BIGMAN2708]

Hi, good to see people standing up to these horrible people. I am in the same predicament myself. I have a car on finance with British Credit Trust, they passed the account to Ram Recovery to either pay off the arrears (£1500) or 50% of the arreras, neither of these were possible for me to do due to financial difficulties. I had been in touch with BCT on several occassions via email and phone stating my financial situation and the difficulties I was having. But all they could do was offer me a repayment plan which was far too much for me to keep to. Hence why it has now been passed to Ram.

 

I told Ram I needed time to see if I could get the money together, but there is no way I can get over £800 together. I have received several pushy and somewhat nasty text messages from the manager/owner of Ram during this period. I did state, rather stupidly in hindsight, that I was going to transfer the funds to try and buy some more time, but he just sent an even nastier text when I didn’t. He has now told me that he has applied for a court order and will personally be round to collect the car and that he didn’t like people like myself. I see this as a rather abusive and threatening manner. With regards to the court order, will he just get an order and come to collect car or will I be able to make a claim against this at a hearing? I have spoken to BCT since they passed the account to Ram but they don’t want nothing to do with it and just tell me to talk to Ram. Also I am know in the position to make monthly payments and chip away at the arrears, there is only 17 months left on the loan out of a 48 month loan contract and have paid over 50% of the loan so far. Any helpful advice would be appreciated.

[postggj]

any return of goods order will require you be given the right to be heard in front of a judge

 

this guy is talking out his backside

 

as only 17 months left i doubt any judge would award such an order

 

the most that would happen would be the judge set a repayment scedule for the remainder of the loan

[BIGMAN2708]

Hi, thanks for your advice. He has been quite abusive and threatening in his texts to me. Does anybody know what relevant authorities I can contact regards this?

[FightToTheEnd]

OFCOM and or the Police? Making abusive or threatening phone calls is actually a criminal offence.

[Tingy]

The Communications Act (2003) s.127deals with harassment by telephone.

[nicolee2931]

Hmmm yes i've had dealings with RAM myself, basicly I told them to jog on and get their court order as they were not taking my car.

 

Once you do just be prepared for Blake Lapthorne to be in touch who are their solicitors they are equally as nasty and pushy in trying you get you to sign a tomlin order or consent order, ignore them and goto court and ask the judge to grant either a time order or suspended possession order, please stay away from any consent or tomlin order.

 

In the mean time continue to make payments to BCT and if they refuse put the money away for when it gets to court as i'm sure the judge will be pleased to hear your payments have been refused but as a gesture of goodwill you have saved up these refused payments and can male a lump sum payment on agreement of installment set by the court.

[scoobyd00]

Hi there,

 

All DCA's collecting debts from individual consumers (including RAM Recovery) will need to hold a Consumer Credit Licence (Category F; Debt Collection). If you really want to cause a problem for RAM them I would suggest that you complain to the Office of Fair Trading (which issues licences and deals with complaints against licence holders. Email enquiries['AT' sign]oft.gsi.gov.uk to get the ball rolling - I would specifically refer to the exact wording of the messages and record any calls that you receive. The OFT Debt Collection guidance requires that DCA's do not act in a threatening manner, so you will need proof that RAM have done this.

 

Good luck

[Ell-enn]

Hi, they will defininitely need a court order to get the car - so if anyone turns up, or threatens to turn up to take the car do not give in - tell them you know your rights and are happy to go to court and let the judge decide what is fair. If they issue a court claim we will help you to defend it.

 

You should now write to them (by recorded delivery) advising that you are in a position to make payments plus a small amount towards arrears - this will help your case if it goes to court. If you need help with the letter please let me know and I'll draft one for you.

 

If RAM are collecting on behalf of BCT then BCT are responsible for how RAM act and you should complain about the texts and intimidation.

 

Have you kept all the texts this guy has sent you ?

[BIGMAN2708]

I have a HP agreement with British Credit Trust and due to my current financial situation wish to hand the car back to BCT. I have paid over 50% of the balance but in arrears by 11 months. They are telling me that I cannot terminate the agreement due to the arrears, I will have to voluntary hand back the vehicle. To which they will sell via Auction, deduct from the total outstanding balance which is now about £7000 due to further interest and ridiculous fees and I will then have to pay back whatever the balance is after the sale of the vehicle.

 

Is this correct? Or can I voluntary terminate the agreement, hand back the vehicle and just pay back any arrears outstanding once the sale of the vehicle has been deducted?

[BIGMAN2708]

I have a HP agreement with British Credit Trust and due to my current financial situation wish to hand the car back to BCT. I have paid over 50% of the balance but in arrears by 11 months. They are telling me that I cannot terminate the agreement due to the arrears, I will have to voluntary hand back the vehicle. To which they will sell via auction, deduct from the total outstanding balance which is now about £7000 due to further interest and ridiculous fees and I will then have to pay back whatever the balance is after the sale of the vehicle.

 

Is this correct? Or can I voluntary terminate the agreement, hand back the vehicle and just pay back any arrears outstanding once the sale of the vehicle has been deducted?

[dx100uk]

i'll move this to the vehicle repro furum

 

the answers are there.

 

dx

[BIGMAN2708]

Hi, back again. Have lots of people view this thread, but desperately need a reply for someone if they can help. Thanks.

[BIGMAN2708]

Thanks.

[BIGMAN2708]

Having read through other threads in this section, I think I may be confusing some people. I sent British Credit Trust a voluntary termination notice, which they have refused due to the arrears. But, I have paid off over 50% of the original amount borrowed. They are saying I have to send them a letter stating that I want to voluntarily hand-back the vehicle instead. Which will still leave the whole balance payable, excluding whatever the car gets at auction. Is this correct?

[BIGMAN2708]

Hi, lots of views on this thread, but no solid answers yet. Anybody able to help or guide me in the right direction please?

[postggj]

you cannot do a vt with arrears and walk away owing nothing

 

make sure you dont do a voluntary surrender as they will then chase you for any shortfall

[denzil69]

Unless recent legislation has changed, once 50% of the amount has been paid, the car can be returned and the HP agreement completed.

 

Id also bang in a claim for ppi if they sold you that as well, which is normally hard sold at the point of sale for the car. British credit trust ppi is sold as "covering you for 5 years" - when you get into the small print, it covers you for a maximum of 39 months out of the 60

 

It may goto small claims, but as you have paid 50% then i dont suppose they would push it that far.

 

WATCH OUT: when BCT pick up the car, dont sign for the collection report, that will list several scratches and markings that are charged back to the account at a large cost.

BCT sometimes say that they have to make the car roadworthy to be able to sell it on, and try and hit you with a big repair bill as well.

[postggj]

you cannot do a VT with arrears outstanding

[Jamesx81x]

Hi You are within your rights to voluntary terminate the agreement but you will have to pay the arrears on the account first as those are missed payments while you have been in possession of the vehicle. To use the 50% clause you have to be up to date with payments, then it would be a case of hand the vehicle back and walk away nothing owed.Have they issued you with a default notice and have they terminated the agreement? If so if you hand the car back to them they are within their rights to demand the full balance due to you defaulting on the agreement. If you have paid more than 2 3rds then they would need a court order to re-possess your vehicle.Unfortuantely you cannot hand the car back and just pay the arrears, to terminate yourself you have to be up to date with payments at the time of doing so.James

[postggj]

thanks james:-)

[BIGMAN2708]

Hi, thanks for the reply. I realise that I cannot do a VT and owe nothing. But what I need to know is can I terminate the agreement, let BCT sell the car at auction, deduct the sale amount from the arrears owed and then just pay back any amount left on the arrears.

 

At present, they are telling me that I would have to pay back the WHOLE outstanding balance of nearly £7000.

 

Look forward to your reply.

[BIGMAN2708]

Hi, thanks for the that. To answer your questions I had a default notice sometime ago but have had no termination letter. Back in March they said I could pay back £300 per month for the next two years to pay off the arrears and the remaining balance, total of nearly £7000. After taking financial advice it was decided that £300 per month was not financially viable. I have other debts of a higher priority. Along with running costs and insurance I can no longer retain the vehicle.

 

So to cut a long story short, my only solution to getting rid of the car now will be Voluntary Surrender as I cannot afford to pay off the £2739 of arrears. But, by doing this am I right in thinking that the loan would then become a non-priority debt and I could offer a repayment that is suitable to my current circumstances? Thanks, Andy.

[Jamesx81x]

Yes it would become like any other credit debt and you you can offer what you can afford.

 

Although you will most likely find they will take you to court for the remaining balance which will incur a CCJ.

 

What you need to be clear on is whether they repossess or you hand the car back you will be liable for the whole outstanding balance minus the sum they get for the sale of the car.

 

I would wait until you receive a letter of termination before you do.

 

James