couldn't afford car finance - i VT'd - now threatened with court

[Yam950]

Hi everyone,

 

 

I had a car under a personal contract plan.

 

i started this in October 2010.

 

In february 2012 i had a letter from the dealership asking if i wanted to change my car.

 

I took the opportunity to change to a car that was cheaper per month.

 

Several months in and my hours were cut and we couldnt afford to keep up the repayments,

 

i contacted them and asked to do a voluntary termination.

 

The lady explained that there would be a lump sum due at the end of it but that i could make arrangements to pay.

I surrended the car a month later.

 

They sent me a financial statement and said the amount i owed was a little over £4000.

 

I sent the statement off with an offer of £20 per month for now,as that is all we can afford.

 

I then received a phone call a couple of weeks later saying that the offer of £20 was not acceptable as it would take 15 years to pay back.

 

I again explained that we could not afford any more and i was told that they would put a charging order on my home.

 

I told them that i wasnt refusing to pay and how could they do this.

She told me her manager said this is what they would be doing.

 

Yesterday i received a default notice.

 

It says i have breached the agreement becasue i have failed to pay the amount due in accordance with clause 10

and am required to make apayment of £4267.47 before august 22nd 2012(which has already passed!)

and that they will take action to recover the goods

- they already have the car and must have sold it in order for me to owe this amount of money.

It also threatens me with court action.

 

I havent refused to pay, i just cannot pay this amount of money to them imemdiately and i have offered a payment. It isnt much, but its something.

 

What i am worried about is the threat of a charging order.

 

My husband and I jointly own the house and we have 3 children,

one of whom is 18 now and in full time education.

 

We are worried as to what we do next and would be grateful of some advice.

 

Thank you in advance

[letsmakeamark]

Who is the dealer ?

[Yam950]

Its Toyota Finance

[Yam950]

I forgot to add...they also included a letter addressed to someone else at another address informing them that they had defaulted also! This is obviously a mistake, but what do i do about that also? Do i send it to the person in the letter?

[dx100uk]

scan up your agreement please

 

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!!

'

BUT......

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

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

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

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

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

.

dx

[Yam950]

Thank you DX I will do this when i get home this evening.

[Yam950]

Hi dx100Uk

Having found the original Toyota folder that has the details of the car in it,

 

it appears i was never issued with a copy of the credit agreement.

 

The folder contains all the information i was given pertaining to the car.

In it there is a copy of the vehicle order form,

a small information booklet about the car and

a booklet about how to keep the car in showroom condition.

 

I also have the same folder for the first car with exactly the same information in it

- with no credit agreement for that one either?

 

I am quite particular about these things and can lay my hands on every single credit agreement i have... except this one,

and it seems very odd how i do not have one for either car.

 

I know i signed one in the showroom for both.

 

I do have the default letter though.

[dx100uk]

you need to send an SAR to toyota finance

 

inc a line

 

this is to include copies of all/any agreements i have ever had with your company.

 

dx

[Conniff]

If you aren't paying at the moment, get those £20 per month started right away by standing order. Don't do a direct debit and don't give them your debit card details.

 

If this should go to court, you can then show a record of payments and show the judge that is all you can afford. You don't have to have their agreement to start paying that amount. Making payments while the disputes are being sorted is as good as giving them a kick in the nuts and should they apply for a charging order, it is more likely to be denied.

[Yam950]

Thank you both

 

coniff- i dont have any details to pay them, when i stopped the DD the details were wiped from my online banking.How do i go about retrieving these?