Default notice for car finance

[Lucifa42]

On 27/10/11 our car was written off.

Our insurance company paid out the total loss settlement to the finance company, and there was a shortfall of about 1000 pounds.

We have gap insurance however, and put in a claim with them but it took some time as the Gap company requested a lot of documents so the full claim was not submitted until 18/11/11 and takes 10-15 days to settle.

We have been in contact with the finance company throughout and told them about the gap claim. Incidentally the finance company and gap company are owned by the same parent company.

Last week, on 28/11/11 we received a default notice from the finance company to our great surprise. We have not been in any payments arrears during our time with the finance, our monthly payment was taken as usual on 28/10/10 and again on the 28/11/11 (day we received the default notice).

What I'm asking really is: have they been hasty in issuing a default notice for this? We were more than happy to continue paying the monthly payments until the gap claim had been settled.

We have also been charged 30 pounds for the DN, something we are not happy about.

 

As it is, the gap claim has now been settled today so we are in advance of the date on the DN (12/12/11) so it should be all settled.

Oh and secondly: will this default notice be recorded on my credit record, or does only actual defaulted accounts get recorded?

 

Thank you

[Conniff]

Get onto the credit reference agencies and see what it says on there. If your payments have continued without a break I can't see what the DN is for.

 

Was the write-off a third parties fault or yours? If a third parties, I hope things are in hand to claim back every penny you are out of pocket.

[Lucifa42]

Sorry, I should have pointed out the DN is for breaking the terms of the finance agreement regarding the 'selling on' of the car. I suppose with the car being written off and the insurance company 'buying' it off me this is the clause I have broken. I would have thought though there was a special exclusion for 'selling on' if it's because of a write off.

I will be checking my credit rating as soon as I get home.

 

No third party was involved with the write off.

[Conniff]

Shame about the third party.

 

Be certain that the DN isn't accompanied with some sort of charge for you breaching the agreement.

 

This would really seem like and unfair term in the agreement and the 'un-necessary' default notice and marking of your credit file will have caused you distress and damage.

 

If there is a mark on your CF, then write telling them you want it off, use a court threat if they refuse or just change it to satiisfied and then carry out that threat if they fail to remove it.

 

The Unfair Terms in Consumer Contracts Regulations 1999

 

and

 

The Consumer Protection from Unfair Trading Regulations 2008

Edited December 6, 2011 by Conniff

[Lucifa42]

Couldn't wait til I got home as I'm worried about this. Signed up for free trial with Experian (date in calendar marked to cancel it) and I can't see anything obvious in there about a default. My rating is 999 and there are no sections marked red.

So with it being settled now I should be ok, but still not happy about the £30 - I will write to them about that.

[Conniff]

Definately claim back the £30 penalty charge. In your claim letter, mention that it is a 'Penalty charge'.

[Guest]

Lou Cipher

check the terms of your agreement re accidents/writeoff. how can the insurer 'buy' the car from you as you say when they have dealt with the finance company and they still have title? the amount they paid out is short of your finance? so, you would be liable for the shortfall? but, your gap insurance covered the shortfall? so, if a default does appear, complain and get it removed.

[Conniff]

There are a few CRA's and they don't necessarily use them all, but the one they have used, if they have used one, must be told to you in a letter. Have another look to see if anything is there.

 

Don't let this worry you Lucifa, there is no crime or anything like that here, just a company who thinks they have found a way to make a few extra bucks. This is typical of finance and insurance companies.

[Surfer01]

Doesn't it take about a month for a default or CCJ to appear on your file?