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Kevd10

Motonovo- won't accept arrears payment, trying to take car.

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Hi there.

 

My car payment was missed twice.

This is down to a change in bank accounts and carelessness on my part.

 

 

4 days after the second payment was missed,

a guy from Ceatta Ltd attended my house and attempted to collect car,

which was not at the property at the time as my Mrs was out in it.

 

 

I rang Motonovo and tried to pay the arrears of £850 but they have refused

and claimed that the finance agreement has been terminated.

 

 

I have received no notice of this whatsoever,

and the only letters I have received are "notice of default sums".

I am aware that those are neither here nor there with regards to the law and are made to look like default notices.

 

 

The day after the repo guy turned up, a letter came through which was "notice of sum of arrears".

This letter states that I should ring them immediately to arrange to bring my payments up to date.

However, they won't accept anything but the car!

 

If they take the car, I can't work.

I will also owe them around 12 grand as the amount owed is 22k

and I can't imagine them getting more than around 10k for the car at auction.

 

My question is can this be done??

We received no notice of termination at all

and they are outright refusing to accept payment unless it's the full amount which is around 22k.

 

I have lodged a complaint with ombudsman which could take weeks.

 

I understand that the repo guy isn't a bailiff and has no power to take from private property

but motonovo are saying that if we don't allow them to take the car, they will report it stolen.

 

 

This will greatly affect mine and my wife's job if it goes to police.

 

 

Can this even be done seeing as it's our name on the log book?

This is a hire purchase agreement not a loan.

 

help!

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I don't think that they can refuse to accept payments. Also, I think that the threat to report the car is stolen is harassing and very unfair.

 

I suppose that you are doing all of this on the telephone and of course you haven't bothered to read our customer services guide and implement the advice there.

 

Also, how much of a paper trail do you have? Have you got any evidence that you have tried to pay them? Or have you been doing that on the phone as well?

 

I should start laying down a paper trail and also recording conversations. Get a call recorder installed urgently and then have the conversation with them again and see if they will repeat their threat to report the car as stolen.

 

Offer them the payment again and get a recording of them refusing. Write to them in one letter and offer them the payment and enclose a cheque. Write to them in another letter – in a separate envelope and make a formal complaint that they are harassing you and that you are proposing to make a formal complaint about this. Also, tell them that if they carry out their threat to inform the police, that you will visit the police yourself and you will show them that they are simply attempting to blackmail you on a civil matter and that there is no theft.

 

Do all of this – after – you have gotten the evidence that I have suggested by means of recording the call. In the meantime, keep the vehicle well out of the way. If they managed to take it, then you will be at a great disadvantage. You should keep it well away from your property. Not just in another road. Only keep it on your property if you can keep it securely locked in a garage. Don't make the mistake of leaving out the driveway overnight in fact for any period of time simply because you think that you can to be back out again in five minutes. It only takes five minutes to remove the car.

 

Do you not have their bank details? If you do, it would be even easier to make the payments simply by direct transfer – making sure that you have got your account reference number in the reference box.

 

If you can do that then obviously, keep the evidence of the transfer and then write to them and explain to them that the money has now been paid to them – given the date et cetera and also a copy of the transfer slip. You will probably have to do this over the bank counter to get written evidence.

 

Tell them that in any event, you will continue your complaint to the ombudsman and also to the police if they continue to make threats.

 

However, once again, get all of your recorded evidence. Read our customer services guide. It is essential.


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they cant repo with a valid DN and TN being served.

 

 

dx


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