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    • Afternoon all Looking for advice before I defend claim for car tax payment that the DVLA claim I owe £68 from an idemity claimback from my bank and unpaid tax  So brief outline. Purchased car Jan 30th ,garage paid the tax for me after I gave them my card details so first payment £68 out in Feb 24  followed by payment of £31 from March due to end Jan 24 Checked one of my vehicle apps and about 7-10 days later car showing as untaxed? No reason why but it looks like DVLA cancelled it ,this could be because I did not have the V5 and the gargae paid on my behalf but not sure did not receive a letter to say car was untaxed.  Fair enough I set up the tax again staight away in Feb 24  and first payment out Mar 31st , and each payment since has come out each month for £31 , this will end Feb/Mar 2025 so slightly longer than the original tax set up so all good. I then claimed the £68 back from my bank as an indemity refund as obviously I had paid but DVLA had cancelled therefore it was a payment for nothing?  Last week recieved a SJP form dated 29th May stating that DVLA were claiming for unpaid tax and a false indemity claimback which of course is the £68. It also stated that I had received two previous letters offering me the oppotunity to pay that £68 but as I had not responded it was now a court claim that I must admit guilt for or defend. My post is held for weeks at a time from Royal Mail ( keepsafe) due to me receiving hospital tretament at weeks at a time that said I did not receive any previous letters from DVLA. So I am happy to defend this and go to court but wondering what CAG members think? In summary I paid an initial amount of £68 and then a DD of £31 , tax cancelled so I set up a new DD at £31 a month all in the month of Feb 2024, I claimed the £68 back from my bank. DD has been coming out each month without issue and I have paperwork to show the breakdown for both DD setup's plus bank statements showing the payments coming out . The second DD set up has extended payments up to Feb/Mar 2025. DVLA claiming the £68 was ilegally claimed back despite the fact they cancelled the original DD for reasons unknown. Is this defendable ? I will post up documents including the original DD conformations 
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The Car Finance Company turned up at husbands work!!!!


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Just after a little bit of advice please. Please excuse any spellings mistakes etc as I am so mad as I type right not :mad2::-x

 

At the beginning of this year we took a car on finance,

we made several payments and then found that we were struggling to keep up payments but we always caught them up.

 

In June we moved house (notified the finance company) and then from then we completely missed a payment.

 

One payment turned into 2 and we had a visit (at our new house) from a gentleman from "the car finance company",

a payment arrangement was put in place but we missed it.

 

I contacted them by email explaining our situation and asking if there was anything we could do and

they said "no", that it had been sent to repossession.

 

I emailed them back asking what happens next as I really didn't want repo men turning up at home to take the car unannounced etc

and they confirmed that the repo men would get in touch with me first

(I made sure that they had the correct contact number as had changed my mobile number). T

his was mid September and I haven't heard a thing from them.

 

My husband works as a postman and he was called into his managers office.

When arriving in the office he was told that a debt collector was there for him!

Imagine his absolute embarrassment!!!

He spoke to this guy and the guy said that they had made numerous home visits....

...only they had been visiting our old house!!!!

 

Are they allowed to turn up at his work???

I have no objection to them taking the car and

I have been waiting for them to call to arrange to take it!

 

I also know for a fact that they haven't written to our old address because I have redirection on our mail.

 

I am so mad right now!!!

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I have posted a similar thread in the vehicle repossession category but by looking at other posts in there

not many people seem to comment on them. I

 

apologise for duplicate posting but really would like any advice that anyone could offer.

 

We took out car finance earlier this year and fell behind.

 

During this time we had a house move and I supplied "the car finance company" with our new address details,

 

I was visited by an employee at my new address and I made a payment arrangement.

 

We broke the agreement because we simply couldn't afford to pay 2 months as a lump sum plus late fees.

 

I contacted "the car finance company" by email to advise them of my situation

but they said they were unable to help as it'd already been sent for repossession.

 

I asked what the process was and they said that the repo men would make contact

(I was worried about them turning up unannounced and causing a scene etc).

 

this was mid September and I haven't heard a thing.

 

Fast forward to today and

 

my husband was called into the office by a manager and was told a debt collector was here to see him!!!

 

Imagine the complete embarrassment!!!!!

 

The Car Finance Company have given Wrights Recoveries UK our old address and they have been to the house several times and

because we didn't reply to the cards he had left (obviously didn't reply as didn't get them because we don't live there)

he turned up at my husbands place of work!!!

 

Now I have no problem in giving the car back,

I have been expecting them for the past 2 months

but what I do object to is the way that they have gone about it.

 

I made sure that The Car Finance Company had my correct address and telephone number.

 

Wrights Recoveries have also never written because I have redirection on my mail therefore if they had of written I would have received it.

 

What should I do?

Can I complain?

Who do I complain to?

 

Any advice would be gratefully received.

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I would suspect they themselves put the letters through your old addresses door

so redirect wont work.

 

as suggested

 

who is the finance company

 

what type of finance is it? [works across the top of the agreement pleace

 

is there a bill of sale involved?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi thank you for your replies. The car finance company is "the car finance company".

 

It is a HP agreement (i don't have the original documents to hand as they're all still packed away).

 

Yes i still have the car. He is meant to be collecting tomorrow from our home address.

 

From memory we took out the agreement in April 2013 part exchanging our old car (which was an old banger).

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...and yes we are still in arrears they declined our offer of payment and said only thing we could do was pay full amount plus £250 repo fees as they'd already sent it to them. I understand the car has to go...just very annoyed about the work visit and saying who they were!!! Even though the car finance company had correvt address AND mobile number

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cant charge repo fees nor any late PENALTY fees

 

they are unlawful.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

we need to see that agreement please

 

they should not be discussing it with a 3rd party no.

 

and I don't think they can repo from private property either without a court order

and even then, it WONT be a repo company but court bailiffs.

 

sequenci will know

let me go find a thread with the info

hang on.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

we need to see that agreement please

 

they should not be discussing it with a 3rd party no.

 

and I don't think they can repo from private property either without a court order

and even then, it WONT be a repo company but court bailiffs.

 

sequenci will know

let me go find a thread with the info

hang on.

 

dx

 

I will try and dig it out. I thought they could reposses without a court order because i haven't paid many payments?

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and I don't think they can repo from private property either without a court order

and even then, it WONT be a repo company but court bailiffs.

 

sequenci will know

 

They are not supposed to under s92 of the Consumer Credit Act. Problem is, is that if they were to take the vehicle the potential damages awarded to the OP would be minimal at best.

 

If you would like to keep the vehicle, a Time Order could be incredibly useful:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06c_time_order_hire_purchase_or_conditional_sale_agreement

 

Have you paid more than 1/3 of the finance (apologies if this has been askwed and answered on the thread already)

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Fees may be payable if the vehicle is being recovered under a Writ of Delivery by an HCEO or his agent.

 

My question was in relation to the visit to work!!! Majorly wound up as if they'd of used the correct information then they could've taken the car without any hassle nor any embarrassment!!!! I specifically asked the car finance company what the protocol was and ensured they had correct numbers because i didn't want ANY embarrassment!

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They are not supposed to under s92 of the Consumer Credit Act. Problem is, is that if they were to take the vehicle the potential damages awarded to the OP would be minimal at best.

 

If you would like to keep the vehicle, a Time Order could be incredibly useful:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06c_time_order_hire_purchase_or_conditional_sale_agreement

 

Have you paid more than 1/3 of the finance (apologies if this has been askwed and answered on the thread already)

 

i wish i'd of known about this before before :( a bit too late now considering the repo man from Wrights is coming tomorrow!!!

 

I have paid less than 1/3

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I have today spoken to the repo man from Wrights Recoveries (I called him), he was very polite and courteous (probably because he realises that this will be an easy unobstructed levy) and he said that they visited my old house 3 times and because we failed to contact them they had no choice to visit my husband at work as they just presumed that we were evading.

 

I have arranged for him to collect the car later today but I will be writing a formal letter of complaint to The Car Finance Company, I have all of the emails between myself and them which clearly states my phone number (my "new" address they even visited) and I will also be writing to Wrights Recoveries telling them how unprofessional the company that they are working for are! I mean this should have been a very straightforward levy....if they had the correct details it would've taken 1 phone call and the car would've been collected not 3 visits to my old address and then a further visit to a work place and then a final visit to collect!

 

I know that the letters won't do any good but if anything they will make me feel better.

 

I suppose my next problem will be when The Car Finance Company come to claim the rest of the finance on the agreement.......

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take lots of detailed photos of the car

 

outside

 

inside

engine etc etc

 

they will try and hang damages on you as well I bet.

 

thus the car didn't sell well at auction because etc etc.

 

also ENSURe the repo guy does a full inspection and YOU get a signed copy of his report.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Please be aware that if the car is sold on an auction for way less than you paid, you will still be liable for the balance. We got caught the same way about 17 years ago before Internet etc.

The car was worth over £4000 but was sold on auction for £1200 and we were liable for the difference plus interest and costs. It took us several years to pay off the debt. As you have not paid a 1/3 they probably don't need a court order.

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  • 1 year later...

I "fell behind" - actually refused to pay because the car had 1500 miles put on it from signing for the car and collecting it,

 

 

i had £3000 worth of bills in 2 months, the garage warranty refused to pay out, finance company denied liability SO I REFUSED TO PAY.

 

This took 4 months of non-payments for their collections department to contact me,

after complaining to the manager, they instigated a VOLUNTARY TERMINATION!

 

 

They advised me once the car is auctioned, any monies owing would be sought after by the car finance company either by debt recovery or court.

 

 

I had to deliver the car to their allocated auction site and they refused to give me any paperwork for handing the car over,

the finance company tried taking another months money but i made sure my standing order was cancelled.

 

 

They blamed this was an error due to the xmas holidays and said once its been auctioned they will see how much is still owing.

 

To my amazement, i received an annual statement and printed in black and white was:

 

RETURNED ASSET OUTSTANDING BALANCE £6231

RETURNED ASSET AUCTION SALE £6231

CLOSING BALANCE £0

 

What a coincidence the car sold for the exact same amount that was owed, in other words it sold for more and they pocketed the rest

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  • 10 months later...

thread is 2yrs old

now closed

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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Please

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