Link Financial/ford Car HP - 2nd HP - help - late payments

[Snowchick]

Hiya folks please help;

 

I have a car which i bought with ford in 2008

the original hp loan was drawn up whereby i paid for the car for a said time and at the end of the term contract i could

pay the outstanding amount,

give the car back or

draw up another contract.

 

I drew up anther contract and im in my 20% term.

 

My circumstances changed and i was unable to pay two months; thus im two months behind.

I did notify Ford of my circumstances and i said that i would rectifiy the cituation asap; thus dec and jan didnt get paid yet feb and march did.

 

However Ford sold my debt onto another firm being Link Financial,

when i received their letters i got on to them straight away stating that i would pay the outstanding amount

and that i was in a position to carry on paying my monthly due amount without any problems.

 

Link said that they were not interested and that they wanted the full amount or they would be coming to pick up my car.

 

After a number of phone calls a guy from Link gave me till the 8th May to pay the outstanding amount of monies,

great a little bit of breathing space i thought.

 

Whilst I have been trying to raise the funds they require £8500

they sent a bailiff round to my house sat just gone to pick up my car.

My car was not here and i didnt tell him where it was and said to him that i had an agreement with link that i had till the 8th May to raise the funds.

 

I phoned link there and then and they still were not of any help and they said to me if i dont tell them where the car is then they would take me to court.

I reriterated that I had been given till the 8th May and asked why they had turned up to take my car

and he never gave me an answer and just carried on asking me where my car was.

 

I didnt disclose where it was and stood by the agreement that was made and said that they would have to take me to court.

 

Since sat i have had a number of phone calls from link but i havent answered them as im now ill, stressed and sick with worry.

 

I feel jailed in my own home and freek out everytime a car comes down our coldisack.

 

I dont know what to do from here. I am awaiting to hear about a loan but not confident that i will get it.

I dont know where else to ask for one as my credit is up to my max.

 

Please help!

[AndyOrch]

Hi Snow

 

Link are not in a position to instruct any Bailiff without there firstly being a court judgment against you and you have failed to respond to summons/judgment.Keep paying your monthly agreed payment and look up all about the regulation re HP agreements.Considering phoning the police if there are any more visits and don't feel jailed use your car.

 

Regards

 

Andy

[dx100uk]

stay off that phone

 

never talk to fleecing dca's about your debts

 

they have no legal powers and neither do any doorsteppers

 

something is not right here

 

can you please check you cra file

 

were you ever levied any PENALTY charrges too?

 

dx

[Snowchick]

Oh thanks for your support ppl; ok i have not got my car here as i am scared out of my witts and its at a friends house which i causing me a great deal of stress. I can not keep paying for my hp because i stopped the dd with ford and now i dont know what or where i can pay it now or i would do. Ford have said to me that they dont have my account anymore eeekkk. I have turned my phone off as the calls made from link are upsetting me. Link have not taken me to court as yet but they said that they didnt need too as my car is their property. What is DCA please? I have only missed two payments which was in dec and jan nothing else

[dx100uk]

debt collection agency = link = NO POWERS to do nowt!!

 

now can we have some dates

and how far into the refinanced loan are you

 

me thinks they cannot take the car under any circumstances evr with a court order.

 

something smells here

 

have you the two agreements?

 

dx

[Snowchick]

They told me that i have paid 20% of my second agreement, they dont take the first one into account. I will have to pull the info out and get back to you in a mo

[dx100uk]

scan the required letters/agreements/sheets

as a picture[jpg] file

don't forget you can use a mobile phone

or a digital camera too!!

or convert them to .PDF

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

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.

then hit reply button

dx

[sailor sam]

Her are my thoughts. It sounds like a lease agreement and not HP to me which surely would mean that Ford own the car. OP states that he has an option to pay any remaing amount at the end of the agreement, give their car back and presumably walk away or exchange for a new car under a new agreement. Isn't this what they used to call an Option Plan?

 

Seems to me that Ford have either treated this as a straight forward HP agreement in which case they are in breach of contract anyway or someone at their end have screwed up and not only sold the debt to Link but 'given the car way' to them as well! In any event the whole thing seems to have progressed rather too rapidly for my liking.

 

The following questions then to the OP; what was the original purchase price stated on the agreement and how much of that have you paid? If it is more than 33% then a court order is required before the car can be seized. Also, have you asked for a copy of the agreement that you have with Link? Did Ford forewarn you that they were going to pass your agreement on to a third party or is that within the finance agreement?

 

As far as I am aware Link rely on intimidation tactics so my advice is to not talk to them on the telephone and insist that they communicate with you in writing only. In the meantime you need to consider that the matter is in dispute with both Ford and Link and while that is the case, no further action can be taken.

 

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Snowchick]

dx im not too sure what you are asking me to do here and im too stressed to learn a new skill right now

 

Hire P agreement Nov 2008 bought the car

 

Cost £139.44.99

less part exchange £4000.00

Net balance £9944.99

Balance payable £10,810.28

 

22 payments @ £136.97 followed by optional final purchase £7,513.00

 

All paid for and my ford credit annual account statement is DD Normal

 

Nov/Jan 2010/2011 new HP agreement

 

Total amount of credit £7,513.00

Balance of amount payable £10,550.20

Term agreement 58mths @ £172.17

 

Statement of account from 07/02/2011 to 07/01/2012

 

DD normal

REV DD NORMAL

FEE ASSESSMENT

DD LATE CHARGE

 

yet all paid up

 

one letter from ford in nv 2011 with an outstanding amount due; thats it

 

Then issued with a letter from IDR finance dated 2nd april 2012

Sale of your debt

 

total liability outstanding is £8,356.32 and as a result of my default, the hereby terminate the hiring and the agreement forthwith

 

They state the will

 

* either RECOVER THE VEHICLE for sale at AUCTION (you will be liable for any short fall); or

* recover the full balance by enforcement of a JUDGEMENT on an ASSES or PROPERTY you may own or

* Instruct BAILIFFS to seize goods up to value of the debt.

 

Im scared and think this is so unfair

[Snowchick]

sailor sam

 

yes i did this following advice last week maybe on tue and found that i had people driving up our colidsack who had no reason to be there looking down my drive and then on sat the bailiffs turned up to take my car

[Snowchick]

oh gosh i have just put my phone on and had two missed calls from them today hund dogs

[sea-sidelady]

DX, would it be worth applying for a time order? I have skimmed over it, but its been a while since I was involved in this kind of thing?

[sea-sidelady]

I just found this

 

Where you have not paid a third of the total amount payable under the agreement and if you want to keep the goods, you should ask the creditor to agree to a payment arrangement with you. The creditor is most likely to accept if you can afford the full monthly instalments plus something towards the arrears. If you can’t make the full payments, the creditor may agree to reduce the payments, but usually by a small amount and only for a short time. In certain circumstances you may be able to go to court and ask to pay less than the full monthly instalment and extend the length of the agreement. This is called a ‘time order’.

If you have received an ‘arrears notice’ or ‘default notice’ from your lender, you can apply to the court for a time order under the Consumer Credit Act 1974.

The court may be willing to make a time order for a specific period if you have temporary financial difficulties. They may make a time order even if your financial problems are long term.

 

It seems so wrong that they don't take the full payments upto date which would take it over the 3rd!

[Mr lex]

Hi Snowchick,

 

These people that have been on the phone, who are they?? Are they Link Financial or a High Court Bailiff, who do they say they are??

 

Lex

[Snowchick]

Hiya Lex

 

Phone calls are from Link Financial. The bailiff that came on sat was from Burlington Credit

[AndyOrch]

http://www.google.co.uk/url?sa=t&rct=j&q=burlington%20credit&source=web&cd=1&ved=0CFEQFjAA&url=http%3A%2F%2Fwww.burlingtoncredit.co.uk%2F&ei=ZVaYT4CqFa-L4gSP2u3EBg&usg=AFQjCNFJhuRVFsYAWYoBIcHn5gSRbQk3eg

[dx100uk]

then they are acting as a repro dca they cant take the car from a private drive.

 

anyone?

 

dx

[AndyOrch]

Not sure DX depends on what type of agreement we have here and the relationship they have with Link.

 

Andy

[sailor sam]

Shouldn't Ford Finance had written to the OP indicating that the debt would be passed on to a third party? Do we know ifl the necessary default notice was sent? From what the OP is saying, it sounds like someone has jumped the gun.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Snowchick]

hiya ppl

 

what should i do from here plz?