RCI want me to relinquish my car and won't accept my payments - advice required!

[Gaston Grimsdyke]

Yes I would write as you suggest, I would also call them if you don't hear by the end of 14 days - you might be able to save yourself a court fee if you can get hold of someone with sufficient seniority there. You do not have to wait for them to issue before you make your application, you can initiate the court proceedings. Whoever starts the proceedings, it will be in your local court not theirs.

[traceyb71]

Stress stress stress! Honestly, if I had the funds to buy another little car I would VS the financed one and get rid of the stress at the same time, that's not an option so just got to deal with it. I will send them another letter today, however, what concerns me is that when I did speak to them on Tuesday evening, they just kept reiterating that they had repudiated the agreement and once they had done that they wouldn't reinstate it. This does cause concern as if I try to make a payment on 26th May they are just not going to accept it. I don't know how to find out their bank details to do it as a transfer?

[traceyb71]

P.S. Another concern is that this chap from FRADS has only given me until next Monday evening, when he will call me back, to either come up with the cash or VS before he informs RCI to go to Court, if I write to them giving them 14 days to reply to my letter (on previous post) before I make an application for a Time Order, when they hear from FRADS they will no doubt simply submit their application anyway, thus, they will have their application in before the 14 days I have specified!! To this end, is it simply not better to just wait for the Court papers and complete the forms offering payment then?

[Ell-enn]

I'd wait and see if you get a reply to the letter you've sent. You could ring your bank and ask them for RCI's account information from the direct debit you had with them (I've done that before) you'll need the sort code, account number and, importantly, the payment reference number (which should be your RCI account number)

You can then make an online payment to them and print off the receipt. The more payments you make before they take any court action will help your case enormously. As said before, no judge will give them the car when you have less than a year to pay on it and can clear the arrears in that time.

[fighting bull]

Hi, you can defen any action they try and take specifically an rog order, they would initiate it and you simply file your defense you dont pay anything, as i mentioned youshould claim restitutionary damages if they pursue this avenue. i believe given the terms they have quoted it may be a motor loan, you really need to let us have a look at the agreement, you own that vehicle if it is a motor loan, and given what you have paid it is more than 50% they cannot simply take the vehicle from you, it is idle threats and by default they breach oft guidelines by making threats that surmount to nothing or are inrealsitic and as such you could say there behaviour has been totally unreasonable and thereby in breach of treating customers fairly, new legislation introduced by FSA

[traceyb71]

ok, I will try and upload the agreement later on this evening, am at work at the moment, back on tonight. If one thinks about it sensibly, it is clear that there is very little time remaining on the agreement in any event, having paid just over 4yrs on a 5yr term, I'm sure as I am offering payment a Judge would no doubt advise them to accept but if I am wrong please correct me?

[Ell-enn]

That's what we've been telling you Tracey

[traceyb71]

Thanks Ell-enn, for the normal 'lay person' common sense prevails but we are dealing with idiots to my mind!! Anyone have any ideas/templates for a letter to the Court/Judge when I return the forms that will inevitably come in the next 2 or 3 weeks, I really want to get the point across that a) I am willing to pay, b) I did not receive the Default Notice (despite them saying they sent it!), c) they never wrote to me as stated in their repudiation letter, d) 8 months remaining on the term of the agreement and only 2 missed payments!! Really want to get the point across that I have offered payments which they have refused. What worries me is that they will argue that they tried to contact me, which of course they did, but I'd get the message then mean to call, get in from work at 6pm, deal with the kids, taxi the kids here there and everywhere then forget to do it or realise too late to call them, excuses yes, should have made it a priority, certainly, it can be seen from previous posts (and they have this in their records) that I believed the matter to be done and dusted!! Anyway, thoughts/input on ideas for defence letter much appreciated. As always, most grateful to all have posted on here and made me see there is light at the end of the tunnel.

[traceyb71]

P.S. Fighting Bull, found a copy of the original agreement but is only a very poor photocopy, goodness only knows where the actual original one has gone!

[havinastella]

Are there any charges on this account?

[postggj]

what i need to know is it a

 

hp

fixed sum loan

conditional sale agreement

[Ell-enn]

Hi there, we will help you with defence forms so don't worry about that. Did you ring your bank to see if you could get their account details as I suggested in an earlier post ?

[Gaston Grimsdyke]

Whether you got the default notice or not isn't significant - they only have to send one out which they will no doubt be able to show they did before starting any proceedings. If you want to make a payment without them being able to refuse it, just pay them on their own payment website - payrci.com.

 

TBH I suspect if or when they instruct their solicitors to commence proceedings they will receive advice just to accept your offer, especially if you are voluntarily paying anyway. But if not, just fill in the response forms when you get the claim form with your offer and RCI will either accept it without a hearing, or I'm certain the judge will make a suspended order on your terms. And as for the agent, just advise him that you are not going to surrender the vehicle as you intend to pay by instalments.

[traceyb71]

Dear All, sorry, I meant to come on here to update one and all but have been mega busy, anyway, here's what has happened. Chap from FRADS called me as promised on Monday evening, I said I had not refinanced as I was not prepared to increase debt further and I was also not willing to voluntarily surrender vehicle, therefore, they could take me to Court. I have to say he was rather taken aback, he tried to tell me that the solicitors fees could run into thousands of pounds and asked if I was prepared for that or if the 'advice' I had been given had informed me of that. I advised him that I did actually work for solicitors and was well aware of their extortionate costs, however, as I was willing to make the payments WITHIN the original term of the agreement (i.e. only 8mths left to run), I doubted very much that this would even get to the hearing stage thus the costs were practically non existent!! I got the impression that he was rather shocked that I had done my homework on this matter. I said that a Judge would clearly see this was not a case for a repossession and whilst he may make a ROG order, it was inevitable he would suspend the same and the payments would continue as set out in my proposal to RCI. Anyway, when he realised I was probably right, having read to him the fax to RCI which was also sent via recorded delivery, he said he would put in his 'report' and recommend that this is not taken to Court for the above reasons. I have to say at this juncture, he has been fab!! Anyway, he called me as promised on Tuesday evening to tell me that he had put his report in and RCI had not come back to him with a 'no', they were considering the proposal. A text from him today to tell me that RCI have informed him that they will have a decision by next Tuesday, in the meantime, I said I wanted to pay the first payment today, 26th, as this was what I had proposed to RCI, he provided me with the relevant details as I was at work and asked that I give him the payment authorisation code when received so he had this to hand for his discussions with RCI. I have, after several failed attempts via their website, managed to submit the first payment to RCI. Chap from FRADS seems to be quite hopeful that this proposal will be agreed by them. Ooohh, by the way, another thing which happened when he called me first of all was that RCI had in fact provided me with a completely wrong amount, they had told me it was £2985 odd pence or thereabouts but they had informed FRADS that it was in fact about £350 more than that, this he said would also go in my favour and he would put that in his report. So, there we are, still in limbo a bit but will know by next Tuesday. I decided not to apply for a Time Order purely as I didn't think it would make any difference to the outcome of this case and furthermore, it meant a Court fee of £70 I believe that I can ill afford. Of course RCI could still insist on being complete t***ers about this and refuse which would inevitably mean I have to go to Court anyway but I am keeping my fingers crossed. Thank you to everyone so far, will keep you posted. Tracey.x

[daveegan06]

Im sorry to post my cry for help on this thread, but every time i try to start a new thread it logs me out??? I really need some advice re car repossession asap please.

 

 

 

 

 

I have paid approx £5300 off the agreement, and still owe about £6200. I have fell into arrears due to massive changes in circumstances and need some advice re my legal rights. The agreement is with manchester car finance. Thats what they are called now, the agreement i have signed is with CLS finance ltd.

• Do they need a court order to reposses my car? And even if they dont get one and still take the car is there really anything i can do about it?
  
  
• Can they take my car off my private drive, with or without a court order?
  
  
• I can afford a reduced paymnet per month, but do they have to accept it?
  
  
• How long does it take for them to obtain a court order, and what is the legal process, ie, default notice then.................. etc
  
  
• If i went to court when they apply for the order and plead my case is there any chance the court will alllow me reduced payments?
  
  
• Every time i am even an hour late with the payment they call and say lets just agree to return the car. If i dont give my permission to this can they still take it?
  
  

I am about £1000 in arrears, and am currently pay £250 a month, with £30 a month being for the arrears. I can afford £100 a month, but really need the car for my 2 disabled children to get to thier schools etc.

 

 

Any help will be really appreciated.

 

[traceyb71]

Dear All, update, SUCCESS!! Call today from chap at FRADS to say that RCI have accepted my proposal for payment, however, it does remain to be seen (when I get the letter) about how they intend to handle the discrepency of £300 or whatever it was as the figure they provided me with was in fact incorrect as pointed out by FRADS! Of course my proposal was set out on the figure that they had provided me with, if therefore they have accepted my proposal, then this would indicate that they have not 'added' on the amount they failed to inform me about. Common sense prevailed, now all this could have been avoided if they had simply been prepared to discuss this with me over the phone!! A massive thanks to everyone for their advice and support. Glad it's all over now and I can get back to normal. Tracey.x

[Ell-enn]

Excellent! well done for not giving up

[Gaston Grimsdyke]

Result! The prime lenders such as RCI generally see sense in the end.

[lucyloo71]

hi. i to have had problems with RCI since the day they took over RFS. not once but 3 times i finally had enough and send a complaint to FSA with all my docs, bank statement and solicitor letters. FSA went in my favour as RCI stated that i had cancelled my DD but this was still alive in my bank account. Now i'm still having problems, i rang them up to state that i lost my job no fault of my own (daughter became seriously ill and now i am her career full time). once i told them of this the young girl was nice and stated i can make payments over the internet if unable to make my regular payment (£260) each month. I fell behind 2 months but have been making up the arrears which now stand at £400. yesterday i recieved a letter from them stating refer to the DN (which i never recieved) as a result of your failure to pay the rentals punctually, you are deemed to have repudiated the agreement and we hereby accept the repudiation. we would like to advise you that the agreement has now been terminated and you are no longer in possession of the above vehicle with our consent. i took this agreement out in aug 06 at 0% finance for 5 years and no deposit but put down £200. There is only 4 months left on the agreement. i don't get any were with them its like banging your head against a brick wall. i need my car to take my daughter to hospital appointments etc. what can they do take my car or take me to court don't want to hand over the car. thanks

[Ell-enn]

Given that there is only 4 months left on the agreement they would need a court order to get the car and no judge would give them possession in your situation. Carry on making payments via the internet and then write to them stating you did not repudiate the agreement and will continue to make payments, let them know that you are aware they need a court order to take back the car and any court action by them will be vigorously defended as you need the car to transport your disabled child. Send the letter by recorded delivery and keep a copy for yourself in case you need it for court. If you need help with the letter please let me know and I'll happily draft one for you.

[lucyloo71]

many thanks ell-enn. i find RCI a very distrust worthy company and have advise friends of mine not to touch them at any length. i did get a letter from RCI dated16 may 2011 that i am fast approaching the end of my renault finance agreement and would i like to part-exchange my existing car for a new one. they know were they can go of a short pier to be polite.. would you please draft me a letter as i don't have much time to do these i usually get my dad to do these put sadly he passed away.

[Ell-enn]

No problem, will post one on here later.

[Ell-enn]

Hi, letter affixed. Remember to send by recorded delivery, keep the postal receipt safe so you can check on the royalmail website a few days after posting to print off the signature confirmation - staple it to your copy of the letter and keep it safe.

Lucyloo letter.doc

[lucyloo71]

many thanks ell-enn i am going to email this to them as well as sending it recorded delivery so they can not say we did not receive such letter. having read the previous threads on RCI i think the company need help in handling there customers x

[Gaston Grimsdyke]

Actually you have repudiated the agreement because you have breached it, whether willingly or not. And be careful about "defending" any action they bring, because you don't actually have a defence and if you put one in which is hopeless you might incur costs. What you can do is look to have any order for delivery of the vehicle suspended. If it gets that far, of course. How long would it take you clear the remaining balance of the finance at the rate you are paying?