voluntary car reposesed, what do i do now

[ivan1111961]

hi all

 

im in need of some advice, i had a car on finance at the end of last august, the car was £3000 and with finance made it just under £4000

 

i brought the car from stockport i live in nottingham, i collected the car but by the time i arrived home the drivers side window had fallen down and would not go back up, i phoned the car sales and he told me to bring it back in and they would have a look, so i did and they looked and it had come out of the runner, they put it back in and i returned to go home only for it to come out 20 miles down the road,

 

i returned to the car dealer where they spent another hour or more to fix it, i returned home for it to last 2 days before it happened again, i phoned them back up and they said theyd need the car about a week to fix it, this time they colleted it and i went up after about 4 days when they phoned me and told me it was ready, it lasted for 2 days before it dropped again,

 

i phoned them and they said they had tried and they didnt know what to next but would get in touch with me, i couldnt use the car because i had taped a black bin liner to the hole where the window was so i couldnt enter the car from that side because of all the tape, (the car was a Peugeot cabriolet)

 

3 weeks went by and didnt hear anything from the dealer, during that time i found a small lump on my chest i had it checked out, and waited for the results so the car was the least of my worries, the lump turned out to be cancer and that it was terminal, that was on the 09/10/12, on the 11/10/12 i wrote a letter to the finace company expaining the situation and added a copy of my hospital report and told the that my daughter would be acting on my behalf and added her phone number

 

i also phoned the finance company on the same day and told them of my situation and that i had to retire from work so i would not have the money to pay the monthly payments (i had only made 1 payment) they told me i had 2 options, the first being to ask the car dealer to take the car back the other was to give the car back to the finace company,

 

i tried the dealer and they didnt want to know so i rang the finace company and told them i would like it reposessed, that was 13/10/12

 

i never heard another word from them about reposessing the car, but i did get at least 1 phone call a day from thier credit department saying i was late with the payment, i explained to the first caller and told him of my ill health and that i had wrote a letter asking not to contact me but my daughter who was dealing with my finances, but that didnt stop them the phone calls kept comming and i had to keep explaining my situation because it was always a diferent,

 

that went on for two weeks, after that i never heard another word no phone calls or anything written untill 18/ 01/13 when i had a phone call saying they would collect the car on the 21/1/13, they came but would not drive it because it had a screw in the tyre , i said i would change the wheel it wouldnt take me 5 minuites so he said he would wait in his car as it was raining, there car was parked around the corner,

 

i changed the wheel an walked around to where they had parked but they had gone, i rang the finance company and told them and all they said they could do was to rearrange the collection, for the 23/1/13, this time they came and drove it away giving me no paper work due to there hand held device not working nor was i asked to sign anything.

 

i then didnt hear anything from them untill 03/03/13 when i received a letter saying i owe them £ 2795 and could have 20% off if i paid immediately,

 

i do not have any savings and are on benifits esa and dla with no other money coming in, i have been stressed out since receiving this letter and i dont know what to do, advice would be greatly appreciated .

Edited March 10, 2013 by Conniff

[Conniff]

Have moved you into the Vehicle Repossessions section Ivan.

[ivan1111961]

thank you

[Conniff]

So was the window ever fixed ?

[dx100uk]

someting funny

 

offering a discount.

 

who is this please

 

dx

[ivan1111961]

No the window was never fixed properly, i had a friend who put it back in the runner the day before it was collected, but it dropped half way when they opened the door.

The finance company is motornova

[njaynemarie]

Hi ya everyone i am ivans brother in law ! I have watched him getting very stressed out with the way theese animals have treeted him ! they have been harrassing him by phone using different mobile phone numbers ?with all the health problems he has he could well do without theese evill a^sholes giving him grief thanks for the future help from cag a great forum

[ivan1111961]

Hi all

I received a second letter today asking me to contact them by telephone

can i reply by mail and ask only be contacted by mail ?

 

and am i in my rights to ask for a breakdown of the sum of money they have asked for ?

[Conniff]

Yes, you are entitled to a breakdown of anything claimed.

[dx100uk]

who is this please answer post 5 questions

no do not phone them

 

this smacks of them trying to fleece you

 

only desperate people

constantly phone

 

those that shout the loudest in the debt game

are usually those with something to hide

 

hence the discount.

 

dx

 

dx

[postggj]

evening

 

does not look like you are getting much help

 

do you still have the finance agreement with the terms and conditions

[ivan1111961]

Hi dx100uk

the finace company is............MOTORNOVA

Edited April 3, 2013 by ivan1111961

[ivan1111961]

evening

 

does not look like you are getting much help

 

do you still have the finance agreement with the terms and conditions

 

Hello Squaddie

 

Yes i still have finance agreement with the terms and conditions

Edited April 3, 2013 by ivan1111961

[postggj]

evening

 

does not look like you are getting much help

 

do you still have the finance agreement with the terms and conditions

 

please respond

[ivan1111961]

Hello Squaddie

 

Yes i still have finance agreement with the terms and conditions

[postggj]

have a look at the section in the terms and conditions headed "termination and your rights"

 

what does it say about illness and death

[ivan1111961]

Thanks Squaddie

 

just been through the terms and conditions "termination and your rights"

 

and there is nothing at all there about illness and death

[postggj]

did you have any PPI or other Micky mouse insurance on the agreement

[ivan1111961]

No we didnt have any ppi or any other insurance with it

 

the garage where we brought the car from never brought up the subject of ppi

[postggj]

have you received any letters over this

 

the one i am after is a letter saying, Default notice served under 87(1) of the consumer credit act 1974

[ivan1111961]

sorry posted twice

Edited April 3, 2013 by ivan1111961

[postggj]

You need to check your credit file to see if the account has been defaulted

[ivan1111961]

Just read through the letters they have sent meand i have 1 from 15/01/13 headed........

"notice of default sums under section 86E of the consumer credit act 1974 because you are behind with your payments" this was sent whilst i was trying to get the to accept the car back

 

and the other two for full payment one on the 08/02/13 and 02/03/13, both headed "without prejudice"

[ivan1111961]

You need to check your credit file to see if the account has been defaulted

 

Squaddie

how do i do that

[postggj]

you can do online experian or equifax

 

its free for the first 28 days, as soon as you download your file, cancel the subscription or it will cost you £15 a month thereafter