Help default notice

[sarahc1986]

I've had my vehicle with banque psa/Citroen for 28 months and never defaulted. I spoke to them last month (June) to explain my payment wouldn't be made in full due to a change in job.

 

They agreed for the additional payments of £50 a month to be added to my regular monthly payment for July and August to clear the remainder .

 

My payment is usually due on the 1st each month but it was agreed that the 19th wouldn't be a problem but an official change couldn't be made until the arrears are cleared.

 

I have today received a default notice giving me until 22nd July to pay £333 as opposed to the 283 agreed despite confirming with them that I would not receive on - presumably due to them being aware and already agreeing.

 

If the £333 isn't paid they'll take the vehicle back this payment won't be an issue but then I'm concerned as Augusts payment will be late they'll commence everything again.

 

Where do I stand as I've already come to an agreement with them but they don't seem to be honouring their side of things

Edited July 5, 2013 by citizenB
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[citizenB]

You should ask them for a breakdown of the sum they are asking for.

 

They can only ask for "genuine" arrears within a default notice - so if there are any administration charges, these cannot be included on the DN and I think it renders it useless.

 

Can you let me know the date of the Default Notice and the remedy date (by which the arrears need to be clear)

 

If you have the envelope the DN came in , can you check what method of post was used.

[sarahc1986]

Dn is dated 4/7/2013 and posted 1st class prepaid business and remedy date 22/7/2013. The arrears are correct at £333 however I made the agreement to spread the remaining payment from June over July and August normal payment £233.29 + £50 arrears. I've no issue in paying them the arrears and thought speaking about it would help but ey don't seem to be reasonable - that plus half runtime I'm not convinced they fully understand English

[citizenB]

Ah righto.. well the dates are fine and your explanation of the actual arrears lets them off the hook.

 

However, if you had an arrangement/agreement to pay the arrears off over a period of time then I would say that they are not treating you fairly.

 

I am assuming that this arrangement / agreement was made over the telephone ? If not, and you have this arrangement in writing then I think you should make an official complaint to their Head office and copy the letter agreeing the arrangement.. Even if this was done over the telephone, you need to make a complaint. . Explain the situation and say

 

That you are deeply disturbed by their actions and consider this to be very unreasonable.

 

That you will adhere to the arrangement/agreement made on DATE, with (name of the person/department ).

 

That you contacted them immediately you knew there would be an issue because of your new salary arrangements and for them to have taken the action they have, breaches OFT and lending guidelines.

 

That you would like a response from them advising that they too will now adhere to that arrangement and will continue with the new payment date - if not, then you will be escalating your complaint to the Financial Ombudsman.

 

Give them 10-14 days from the date of your letter for a response. Then escalate to the Ombudsman. Make your payments as you have arranged.

 

Send your letter by Recorded or Special Delivery and make sure you head it Formal Complaint.

[postggj]

Well they cant take the vehicle as you have paid a third without a return of goods order

 

How long is the agreement over

[sarahc1986]

That's for that advice I'll get a letter to them tomorrow. I'm assuming they record all calls - we have to by our regulators so they shouldn't be any difference. I'll see how far i get with them in writing

 

Thanks again

[sarahc1986]

Agreement is over 5 years I owed £14,295.40 and have paid £6,318.83 as per their breakdown on the default notice