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Carlie123

car on HP - repo'd by Anglia - MotoNova asking for high settlement figure

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Hi,

was hoping someone can provide some advice for a family member,

 

car was on finance,

missed last 3 payments,

did not receive any paperwork until debt collector arrived,

 

offered to pay all monies owed as was an oversight,

finance company refused to accept payment as stated monthly payments no longer affordable,

car was taken immediately.

 

A letter has just been received asking for an immediate payment of 3k or will be passed to debt collectors

 

The offered payment would have taken payments over 1/3 of the agreement,

we were given no other opportunity to settle the finance on her behalf and have received no other communication,

what is the best action to take?

 

Many thanks

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what type of finance agreement were you on.


IMO

:-):rant:

 

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Not my best area I confess but:

 

1 Did they sign any forms to allow them to take the car?

 

2 where was the car parked when they repossessed it?


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were you over or under half of the required value before missing.


IMO

:-):rant:

 

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Hi,

no just asked her,

she never signed anything,

she gave the bloke the outstanding money in cash,

 

the finance company called her

went through her income,

found out she has just had a baby and is on maternity leave,

sent the bloke back who gave her the money back and took the car

 

payments made were under half,

she had paid 17 months of a 5 year agreement before missing the two

 

Thanks

 

oh and sorry it was parked on a public road

 

Thanks

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I still need to know where the car was parked. Roadside, Private driveway, Other private land. There is a reason for doing this but I don't want to get anyones hopes up as yet

 

oh and sorry it was parked on a public road

 

 

Thanks

Damn!

I believe that it isn't 50% but a third. Once 33% has been paid, they would need a court order to repossess. I will flag this to the site team.


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Thanks,

we accept she will have to settle

but want to set up a reasonable payment plan, based on the circumstances they highlighted saying she could not afford the monthly payments, to send a letter asking for 3k immediately seems a bit unreasonable.

 

Was trying to draft her a letter asking for a breakdown of how they arrived at this figure but did not want to make the situation worse

 

 

Thanks

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Having just checked my facts,

If one third or more of the agreement has been paid,

the car becomes 'protected goods' and as such a creditor MUST obtain a court order to repossess.

 

If less than one third has been paid and the car was parked on a public road then there is not much they (or you) can do about it.

 

It would be good to check the paperwork to ensure more than one third has been paid as if it IS the case, she will have a claim against the creditor and have no more to pay.

Check, double check ad infinitum until you are 110% sure.

 

In the meantime, some interesting reading for you. They are not exactly the same but will give an idea of what 'may' happen.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?242261-Car-repossessd-off-private-property-with-no-default-or-termination-served-with-police-consent!-**-WON-**&p=2701896&viewfull=1#post2701896

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?333522-Vehicle-re-possessed-of-private-land-***UPDATE-WON-SETTLED-OUT-OF-COURT***&p=3676391&viewfull=1#post3676391


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Hi, thanks for that,

I will go and fetch the paperwork and check everything again.

 

Not sure if she is up for a fight though,

I just want to make sure that she pays the correct amount

 

Thanks for your help

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Good job she has you to help her through it.

 

 

its better triple checking and then triple checking again,

than risk paying thousands she may not owe.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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ok lets resit a few things here - sorry not been around today much.

 

 

firstly name names please

who's the finance company the HP is with?

who was the DCA?

who was the repo company?

 

 

2nd sadly as you hadn't paid a third

things may get difficult...but...

 

This article explains well--

.

- Motor finance is an area which often requires an additional consideration when contemplating debt recovery action,

because the relevant credit agreement may be a hire-purchase or conditional sale agreement.

.

In these cases, where the debtor (or hirer) has paid over one third of the total amount payable,

the vehicle is provided with the special status of ‘protected goods’ under section 90 of the Act.

.

This means that it cannot be taken from the debtor without either a court order or his consent.

.

If a vehicle is taken in the absence of either of these,

then it could become an expensive and time-consuming exercise for the lender that entirely defeats

the purpose of seeking to recover the asset in the first place.

.

This is because section 91 provides that where section 90 is breached,

the debtor is released from all liability under the agreement,

but he retains a right to recover damages equal to all payments made.

.

These payments may even include the value of a part exchange vehicle.

.

The first issue to be addressed

– in common with all credit agreements

– is that of bringing the contract to an end through default and termination.

.

In the event that this is not done correctly,

then there is no basis upon which to take the vehicle,

and instead the debtor will retain his contractual right to possession under the terms of the agreement.

.

Assuming that the agreement has been brought to an end correctly,

then the contractual right to possession will terminate alongside the agreement.

But that is not the end of the story

.

– if the hirer has statutory protection against the owner

repossessing the vehicle under section 90,

then, in view of the consequences,

.

it means the lender will have to approach the matter with a certain degree of care.

.

In theory the easiest method of repossessing a protected vehicle is for the lender to obtain the debtor’s consent to take the vehicle from him.

This approach also has a commercial logic in minimising costs when ultimately they may not be recovered.

.

It is important to remember that the consent must be genuine and given voluntarily,

and, therefore, lenders should make sure that where third party recovery agents are used to repossess protected vehicles,

the processes that they adopt are reliable in this regard.

.

Practices involving either coercion or misrepresentation could cause licensing issues

when considered under the Irresponsible Lending Guidance.

.

As a minimum,

the lender should obtain from the debtor a signed mandate at the time of the repossession,

stating clearly and unequivocally that the consent is given freely.

.

The mandate should also provide full details including the debtor’s name, address, vehicle description and related agreement number.

It is useful too if the mandate includes a declaration to this effect,

together with a comment on the fact that the keys and logbook have been provided

– such an approach is likely to indicate informed consent and so reduce the risk of any future claim under section 90.

.

If consent to repossess the protected vehicle cannot be obtained from the debtor,

the only option available to the lender is to obtain an order from the court for its return.

.

As ever, the process of issuing proceedings inevitably involves risk, additional costs

and may cause delay in recovering the vehicle because attendance at a hearing is likely to be necessary.

 

 

did you receive a default notice?

did you receive a termination notice?

 

 

is the car registered at the address it should be?

is the HP agreement registered at the same address?

 

 

i'e have you moved and not informed the finance company

nor

the DVLA?

however , they would need to have sent a default notice


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Hi, thanks for the reply

will try and answer all the questions,

Finance company is motor nova?

Collection agents were Anglia uk

She is adamant she has received no paperwork, the only thing she was given when they collected the car was a vehicle collection report on the condition of the vehicle

She says she did not sign anything, I am sure she would have been quiet distressed and emotional, she did explain to them she was a single parent and had recently had a baby

All paperwork / agreements were registered at the correct address

 

 

Thanks for all the information, they have offered a 20% discount on the final settlement figure if its paid in one go, just want her to understand her rights as she is worried bailiff's will turn up and empty her moms house. Have explained the difference, would it be possible for me to deal with the finance company on her behalf?

 

 

Many thanks again

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Usually a default notice must be issued giving the customer a certain length of time to remedy the default. She could check her credit file to see if anything shows.

 

You can act for her so long as you have her written authorisation and that authorisation is sent by post of hand delivered. If by post, send it Signed For.

 

Don't accept any offer until you have all the information to hand.

 

As for bailiffs. The seller needs to get a county court judgement first before bailiffs can attempt enforcement. Any debt collector who turns up on the doorstep can be sent packing.

 

At the moment, the Default Notice (or lack of) will dictate your next move.


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I have just been looking at the Financial Ombudsmans website and decisions against this company. In the past two years, there have been 19 complaints upheld (out of a total of 100)

 

In those 19, I found one that has some similarities to this case.

 

http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=92126

 

Most agreements with Motor Novo are for 48 months so I am obviously confused at where the 50 month stated above comes from.


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Thanks for that, interesting reading

 

She is in the process of checking her credit file and checking everything to see if she did receive a default notice

 

I have drafted her a letter to request a full statement of account, so we can see what the charges are for,

requested they put collection on hold as we dispute the amount owed,

have asked they only communicate in writing,

so hopefully gives us a bit of time to get all information together

 

It seems the finance agreement was 5 years, 60 months, unbelievable,

asked if she had put a down payment on it as the figures do not match,

it appears she was given £100 for her old car, wish I had know this at the time

 

Appreciate all the advice given

 

Thank you

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Can you please upload the agreement minus personal details

 

How much to the penny had your friend paid plus how much did she pay Anglia?

 

Did Anglia give your friend a receipt for the money she paid that was subsequently returned?

 

Your first job is a SAR to the finance company

 

Need to see what the comms log says about default and termination


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Hi, thanks for that, will get the agreements uploaded

 

 

Will get her to submit a SAR request as well

 

 

Many thanks

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