barclay partner finance death

[kestenenn]

my fathers girlfriend has died she had no estate.

she took out a car loan with Barclays finance, i believe this is a loan done through a car dealer to buy a car, i do not think it is hp/lease but a loan.

the car is in my fathers name but she paid the payments of for the loan.

Barclays are asking for the car to be sold as this is part of her estate and the funds paid to them.

Does my dad have to sell the car? if its in his name not this late girlfriends?

[kestenenn]

The loan was taken out in Scotland

 

There is only 1 year left to run on the loan

 

The loan was for 16k and there is 3k left outstanding

 

anyone ??

[maroondevo52]

Hi,

 

I'd think if the car is in your Fathers name he'll be responsible for any payments due, does he intend keeping up the repayments and keeping the car ?

[kestenenn]

thanks for your reply

 

i think he would prefer not to keep up the payments no payments have been made since the death

 

he would like to keep the car and may be willing to make an offer

 

we where hoping they would have to write the debt off.

 

There was alot of outstanding debt and all otherecompanys have writen the debt off

 

the car is not worth more that £1000 as it is high millgae

 

we have no copy of the credit agrrement i guess i need to ask for a copy and go through the small print

[garage flower]

Sounds like HP to me. If it was a personal loan the finance company wouldn't be able to request the car back/request it was sold.

 

If it is HP I'm afraid your father will lose the car. Whether or not it's registered in his name means nothing as the car is owned by the finance company. If payments are maintained some finance companies may be happy to let your father keep the car, this would have to be discussed with them. If he hasn't made a payment since his partner's death I wouldn't hold out too much hope for that however.

 

It's difficult to advise when we don't know the type of agreement. Contact the finance company and discuss it with them.

[kestenenn]

thanks

 

i thought/hoped they new about the car because it was a loan to buy a car from Barclays Finace group. i was hoping it was a unsecured loan Do Barclay Finace normally do hp then?

 

mmmm oh dear

[dx100uk]

lets see the agreement first please

 

if it's not HP, then they cant touch the car as said.

 

even if it is HP more than 1/3rd has been paid

 

so it will only be with a court order anyhow.

 

hae you not got a copy of her CRA file to hand?

 

that will tell you.

 

it might well be an idea to SAR them

 

there could be PENALTY charges or PPI

or GAp or life or something.

 

HOW have you to date contacted barclays

 

if its by letter ok

 

if by phone

then might be better to stop doing that for now.

 

IMHO i would not sell the car either.

 

dx

 

 

dx

[dx100uk]

thanks

 

i thought/hoped they new about the car because it was a loan to buy a car from Barclays Finace group. i was hoping it was a unsecured loan Do Barclay Finace normally do hp then?

 

mmmm oh dear

 

no BPF normally just give loans, unsecured, and not HP either on vehicles

 

they sometimes name the car on the loan, that makes no odds

 

unless its HP, they are royally stuffed.

dx

[kestenenn]

We have found one letter, but no copy of the credit agreement.

 

Correspondence by letter only very run of the mill stuff up untill now

 

i don't know if this will help solve the loan/ hp issue oh i pray it a loan

 

Dear .......

 

welcome to your barclays partner finace

 

thanks for opening your Arnold Clark Automobile account, finaced by us. We hope you are pleases with your purchase and find our finace easy, manageable and maybe even enjoyable.

 

Your first payment of £344.40 is due on 16/11/09 untill the full balance of £16,729.20 is cleared. Please refer to your credit agreement for full detail.

[kestenenn]

the last payment was made on the 16/10/12

[raydetinu]

Ask for copy of credit agreement, thats the only way directly or by way of SAR.

[kestenenn]

thanks can i do SAR if i am no relative i am dealing with this afair so i guess i can write and ask

 

I guess its best i continue to give them no info untill i see that facts in black and white

 

I never realised till now how complictaed it is when someone dies with no money or a will my half sister is the only living blood relaive and she only just 2 weeks after her mothers death turned 18.

 

My dad has his head in the sand and won't deal with anything.

 

I hope this works out ok

 

thanks again everyone

[dx100uk]

the executors can ask for SAR or any docs.

 

dx

[raydetinu]

As no wil, there will be no executors as such, you will have to apply for letters of administration to act on behalf of the estate ( that will have to be the nearest relative to the deceased ).

Or make them an offer for the car equivalent to the auction price or trade value ( ask a few local dealers what they would pay ).

I am sure hey will accept anything reasonable as if they go to court for repossession, that will cost them and wont get any more at auction than you offer.

[dx100uk]

ta ray..silly me

 

dx

[kestenenn]

hi i hope so.

 

 

Re executure as there is no estate of very lilltle conformation does not need to sought. Scotlish law is i think as long as there less that 10k if there is no will you don't need to apply to the court to seek confirmation.

 

There are no excutures and as far as i have been adviced there is no need for one, just someone to contact and let people know.

 

oh well hopefully it will all work out

 

i guess if ppi has been paid theres no way of proving it was miss sold

[kestenenn]

ps raydetinu

 

my dad is is Scotland but i am just down the road from you in Chacewater

[raydetinu]

hi ho small world, go though chace most weeks.

Found this, may help. promising.

http://forums.moneysavingexpert.com/showthread.php?t=4032765

 

Arnold clark and barclays finance ( personal loan!!)

[dx100uk]

if it says Arnold Clark Automobile account

it will be just a loan

dx

[kestenenn]

if it says Arnold Clark Automobile account

it will be just a loan

 

dx

 

thanks guys, i will keep my cards close to my chest till i see the agreement, but sure looks promising its defo Arnold Clark Automobile account