static caravan finance - **Resolved with payment plan**

[scousebird]

long story short !

caravan purchased on finance agreement. then refinanced to pay for move to another site.

been on new site for over 5 years, but due to health and financial issues, defaulted on payments over six months ago.

then got a short letter saying defaulted and for 'key to vehicle' to be returned [!] at this point it would appear the finance company didnt know it was a caravan, not a car.

 

have paid more than the required % that means they have to apply to court for return.

now been issued with court date to say seeking return of vehicle and costs to remove and court costs as well as balance of debt [balance calculated to include all remaining interest rather than the settlement figure which is about £1200 cheaper].

 

so my question... if/can i voluntarily surrender with no further costs?

OR if i go to court and plead circumstances, then i appreciate judge cant amend financial agreement so what likely hood of me getting to keep caravan and reduce payments and increase term?

 

****************

adding to the problem is the site have refused my offer to pay the outstanding site fees by lump sum and then monthly payments to feb 2014 to clear the debt. they have notified me of their intention to sell - i have advised there is finance attached to the van. all done in writing. i have asked them to confirm the van is still sited as at todays date.

 

ALSO caravan site have confirmed in writing that finance company rang them to see if any site fees had been paid [it implies they gave them the negative information] and the finance company told them that i had not paid my finance installments. ANY RECOURSE HERE?? for breach of confidentiality?

 

****************

 

i am minded to surrender if an option. but also due to ongoing financial issues may have to sell my house to clear debts, and having now bad credit history will struggle with private landlords, so the caravan was my fallback.... have not told site i could pay site fees in lump sum if pushed; rather keep the money for longer if no caravan !!

 

 

THANKS CHAPS (and Chapesses) FOR READING

[Guest]

see you have another thread on this http://www.consumeractiongroup.co.uk/forum/showthread.php?396142-voluntary-termination-CARAVAN-FINANCE-did-put-in-general-debt-but-no-replies-HELP!

 

as you have a court claim, maybe best in Legal Issues, unless repo forum is best.

 

anyway, bumping both for you

[citizenB]

I think either vehicle repossessions or legal issues. I will check which is the best and relocate and merge both threads.

 

For the time being you have one thread in Vehicle repossessions. I will see if there is anyone who can help you.

 

Can you let us have some more information regarding the court claim..

 

Has it been issued via MCOL (Northampton) ?

 

Or do you have a court date ?

 

I see you have made an offer of repayment, was this in writing and was their refusal to accept in writing ?

Edited July 13, 2013 by citizenB

[Surfer01]

Are they aware that it will probably cost about £2000 or more to remove the caravan from said site as this will include disconnection of supplies like water, electric and gas, lifting onto a low loader etc. I think you need to get professional advice on thsi as you may be saddled with more than the caravan's outstanding finance due to removal fees. Is there any option to sell the caravan privately to cover the outstanding finance?

[slick132]

Hi Scousebird,

 

Please be very wary of allowing the caravan to be repossessed. You will get a very poor figure for it's value and, with charges and fees associated with the repo, you are likely to still be left owing money which they'll pursue you for.

 

See another thread here which you may find useful - http://www.consumeractiongroup.co.uk/forum/showthread.php?383511-Park-Holidays-(UK)-Beauport-Holiday-Park-Hastings-Static-Caravan-Issue

 

A Site Team colleague has also suggested that serious breach of the Data Protection Act may have occurred if the caravan site gave the finance company ANY info relating to you.

 

[Surfer01]

BTW did the site refuse your payment plan in writing because if they did a judge will not look on this very favourably.

[scousebird]

sorry for late reply.

 

regarding the CARAVAN finance, court action issued, no defence or offer made.

 

regarding site fees and their threat to sell the van [even knowing van still financed] they refused point blank my offer of payment.

when i replied and stressed my displeasure at their lack of attempt to enter into a dialogue they then made an offer to allow me to pay the outstanding fees [2013] in quite large installments. with an acceptance to pay 2014 in installments too but reserving their right to continue sale etc, should i default....

before agreeing to this I got them to confirm in writing/email that they had not moved the caravan nor attempted to sell it, nor divulged any information to the Van finance people.

 

so i have made the first installment, so that my van is sited.

now need to tackle the finance company and court papers.

[scousebird]

UPDATE

site has agreed a payment plan - but they defo were hardball

 

FINANCE company have refused my payment offer citing that

'whilst you retain the asset it is neither reasonable nor realistic having regard to the original contractual installment '

'in the circumstances we would invite you to surrender the asset voluntarily and sign and return the enc. form - failing that we will have no option other than to proceed with our return of goods application which will result in further costs.'

 

so i appreciate that they are now offering me Surrender - the form signing will allow them to sell it off at any value [!] plus make me liable for any removal costs [!]

and then i will still have a debt, plus extra costs, plus no asset.........

 

i made the admission and offer in writing to them and the court - 15 july and have only just received their response, dated 13 Aug received 19 Aug.

 

any thoughts please?

i am reluctant to voluntarily surrender purely due to their right to sell at what ever price they want

call me suspicious but caravan site were very reluctant to allow pay plan.... think they were looking forward to a cheap van to sell on at a huge profit ?!

[Guest]

bump - edit, see now it has since been moved.

[scousebird]

UPDATE............ THE END !!

 

well Finance company have come back, after I wrote again saying i was disappointed at their lack of consideration for my circumstances and offer, and indeed their lack of offering a solution that would be agreeable to them to negate the need to attend court and incur more costs.

 

fortunately, all my email communications have been going VIA a guy who although not in the default/finance section was high up in his own right.....

he acknowledged my email and said he had forwarded my disappointed reply and was in discussions with the default department.

 

well within 12 hours, reply received saying they had re-considered and would accept my payment proposals !!

 

so - my little caravan is safe on its pitch and life is good [for now !!!! ]

 

thanks for reading.

[Guest]

good news

[slick132]

Hi SB,

 

Glad this has ended in a good resolution for you.

 

Thread title altered to reflect the result.

 

[citizenB]

This is good news indeed.