Urgent advice needed regarding VWFS default

[iDENT!Ti]

Hi

I hoped I'd never need advice like this, but here it goes.

 

I bought a new car in Dec 2013, on PCP.

Total amount payable is £20,264.48 and I still have £15260.36 left to pay (according to their latest email)

 

The first car was replaced under warranty for software/electrical issues,

the car arrived in March 2014, and I had about a weeks use of my own car in this time.

 

The second car was delivered with faults, which two dealers have failed to fix so far,

VWFS refused my rejection over this and it is with the ombudsman for a final decision.

 

However, they wrote to me on 5th Sept 2015 indicating I owe £1061.48.

This is three months instalment and one unpaid instalment from a previous agreement, which I was told I had paid previously!

 

I followed up the letter on the 11th Sept 2015, due to the fact I had been in hospital with my 5 week premature son on NICU.

 

I was told that the previous formal complaint I had about the payments not being taken properly for this agreement on arrears

, had been closed and no reason given.

 

When I asked why they had not contacted me sooner over missed payments,

I was told they don't contact people who have complaints open.

I currently have no complaints open.

 

I also asked for a statement of my account, which I was told today when I rang had not been sent.

 

I was made to take a financial review this morning,

in which I pre-empted by sending a budget,

showing how I could afford the repayments plus an amount to cover the arrears (£95pcm).

 

They refused this, not due to it not being enough, but because they claim I can no longer afford the finance agreement.

They've apparently issued a default notice and I now have 19days to pay.

I asked for my options to end the agreement

and all that was sent was a settlement figure.

 

I have made them aware that I was unaware these payments had not been paid,

they had not informed me, and it was due to a combination of my poor health at the time,

and my vehicle being in for constant repairs, with the loan vehicles not being suitable

(for example, I do 400miles a week, I drive a diesel saloon, and they gave me a petrol automatic mum wagon!)

 

Upon trawling through my agreement contract, I also came across a receipt made out to the dealer for £579,

which is listed on the receipt as for "final payment" and the reference of my registration given.

VWFS today confirmed that this was NOT taken off the amount owed, and they are "looking into it"

The woman at VWFS has also sent another statement, which I won't hold my breath for!

 

I think that this is everything,

but as I have not slept in two weeks,

and have only just been taken off nightly deliveries of milk to my sons NICU ward,

as he has been put on a low dependency ward with his mother, my brain isn't really functioning 100%.

 

Thanks in advance,

-iD

[dx100uk]

have you investigated cancelling the whole agreement/deal

 

 

is this what the FOS? is investigating?

 

 

dx

[iDENT!Ti]

I put in formally for rejection of the vehicle under supply of goods act, with the finance company being the responsible party of the vehicle.

They declined it, so its with the FOS, who are aware of the current situation, but they work at glacier speed.

 

So yes, the entire contract is under dispute and could be cancelled if the FOS rule in my favour.

[dx100uk]

brill I guessed right.

 

then IMHO you refer the finance company to the FOS

and the on going investigation.

 

pers I'd not be paying them anything.

 

dx

[iDENT!Ti]

Exactly as I thought too, but they aren't listening to this!

 

I'm guessing I need to push the FOS to remind them of the fact that it is being investigated, or get a time order from the court?

[iDENT!Ti]

Thought I'd update this after I had a resolution.

 

I pushed for a call back from a manager after finding problems with a load of payments etc...

Finally had a call back today, and he agreed to a "token" amount of repayment for 6months and then a review to pay more after this.

Turns out after you argue to talk to a manager, they are much more open to compromise, as they don't have targets to meet!

 

I also have three formal complaints open... so this will be fun!

[ericsbrother]

have you tried giving the FOS some grief on the problems their inertia is causing you? If you can get past the front of house and the first level investigator you may get some joy.

[iDENT!Ti]

VWFS finally agreed to a repayment plan, after arguing enough to talk to a manager.

 

However, the FOS is a joke. They toed the same line as their adjudicator, their final decision letter was full of spelling mistakes, factual errors, missing evidence produced by myself, and had an insult to my intelligence as the opening paragraph.

 

I don't know if I'm going to continue to chase this, or just use the latest scandal to hit VW group with their emissions scandal to get rid of this car.

[iDENT!Ti]

I hoped I wouldn't have to revisit this but I have.

 

I've been sticking to the repayment plan since made,

one exception which they accepted (more on that later though).

 

They tried to act on the detail they'd previously issued and given an agreement for just after xmas.

This was despite the assurances after I paid it late, that it was fine and these things happen.

I got an apology and was told the agreement was still in place and my account was okay.

 

Roll on the start of March and they issue a new default notice,

claiming payments not paid on time as the reason,

requesting the amount be cleared or they'll repossess.

 

I have told them I have it in writing from January that my agreement was still going, and everything was fine.

To this the agent replied "well you owe us money and we want it back"

 

I have hit the "magical one third" just after the default was issued, and I've contacted the national debt line

they advise to surrender the car to the one half amount clause.

This means I will still owe ~£4000.

 

I really have had it with VWFS, but unfortunately I need a car rather badly with my current situation

(I was made homeless and basically live out of my car temporarily,

but I'm still making the contractual payments)

and I cannot afford to be paying for something I have no use of.

 

The default runs out on Monday, but I couldn't deal with it before now due to having recent surgery.

 

Can anyone help or will I just have to surrender the car?

I really cannot risk going to court and losing.

[renegadeimp]

Ignore the silly idiot on the phone. HE/she has NO authority to say or do anything. Contact the manager and add it to your complaint. I would also do VT not a VS.

[iDENT!Ti]

VT versus VS?

I'll be ringing the manager tomorrow, but I really get the feeling they want this car back.

I've been paying it and they've attempted to take it three times in 6 months now!

[dx100uk]

VT you pay up to the 50% mark and return the car

costs NO MORE THAN THAT NO FEES ETC ETC

 

 

VS you have to pay the lot and return the car.

 

 

what do you mean they've tried 3 times to take the car?

how

[iDENT!Ti]

First default in September (original post in this thread)

They then tried to act on this default in January, saying I had missed payments, but they had already authorised this as OK and it went away.

And now a new default issued over payments I have paid but they claim I haven't (I paid them manually due to problems with direct debits, they now claim that I didn't pay the payment, just arrears)

 

And yes VT is what was suggested by the advise I had earlier today.

Although as the dealership damaged my car last time it was in, I'll get charged for it if I VT it.

[dx100uk]

so they haven't tried to take the car..in the literal sense ok.

 

 

and no you cant be held liable for the damage caused by a third party.

 

 

dx

[renegadeimp]

The garage r finance company will always try and fob you off. They know you are abl to VT but will do anything to get you to VS, because they make money off VS and not VT

[theoldrouge]

can we see the agreement minus personal details please?

how much exactly of the agreement have you paid?

 

once the default notice expires and the agreement is terminated you lose the right to vt,as an agreement cannot be terminated twice

 

you may wish to urgently look into time orders

 

https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale/Default.aspx

[iDENT!Ti]

I have the right to VT halfway, which currently means I'd owe ~£4000.

Unfortunately a time order isn't viable as the default runs out on Monday.

 

HOWEVER, I've paid over 1/3rd, but the default was issued before this time. I also have it in writing that the agreement to repay was on track and there was no problems with the account - that's in January.

They're defaulting me due to three "missed payments". Two of which I paid manually. These were before the contact I had with them in January and no mention was made.

[iDENT!Ti]

can we see the agreement minus personal details please?

how much exactly of the agreement have you paid?

 

once the default notice expires and the agreement is terminated you lose the right to vt,as an agreement cannot be terminated twice

 

you may wish to urgently look into time orders

 

https://www.nationaldebtline.org/EW/factsheets/Pages/06C%20EW%20Time%20order%20-%20hire%20purchase%20or%20conditional%20sale/Default.aspx

 

Reading your link, I have NOT been issued a notice of arrears, they went straight to issuing a default.

[theoldrouge]

youve got it the wrong way round

 

once the default expires and the ac is terminated you lose the right to vt

 

yours is an ideal situation for a time order

as you have paid more than 1/3 they will need a court order to repossess the car

[iDENT!Ti]

So I physically have to have paid half to VT? The advice from national debt line was that I didn't. I'd just owe the difference. They didn't even say about a time order.

[theoldrouge]

no you can vt at anytime,no need to be halfway, you cannot vt once they terminate the account

[iDENT!Ti]

So, I opened the complaint about how they took the payments (again) and this time they won't admit fault, yet last time they did.

 

They informed me Tuesday evening that I had until Friday (tomorrow) to clear the debt or the default notice would be enforced.

 

Taken some advice from CAB and national debt line (been sent around the houses a bit here,

they keep saying the other can give advice they cannot)

 

CAB have informed me as I've broken the contract,

the one third amount to take me to county court for return of goods is invalid and its legally one half.

 

The advice has been to VT, but as I was let go from my job Friday just gone, I kinda need it to find work.

 

I've been advised off a time order, not really sure why though.

 

I'm also currently homeless, and using the car to sleep in, store my possessions

and also transport to the few sofas I can kip on for a night.

 

I'm really at rock bottom, and the advice services have really left me lacking right now.

 

I'm taking the advice from the knowledge on here is still to VT?

[theoldrouge]

as requested previously, can we see the agreement and the exact amounts you have paid please

[unclebulgaria67]

Have you seen the default notice ? When was it issued ?

 

Have you registered for emergency housing with your local council ? Think you should and see what help you can get. If you need the car for travel to find work and find shelter, without an alternative, you don't have much choice. I think if you had a place to live at least for a few weeks, you would then VT the car and get by using public transport. If you don't have shelter, then you might decide to keep the car for now and hope to resolve next week.