RCI and Anglia

[mysticf4lls]

I took out a car on finance from RCI in May 2014 and made regular payments of £214 to RCI.

 

 

Myself and my husband were both made redundant in February 2016,

I subsequently managed to find a new job quickly,

however my husband's health rapidly deteriorated and has been out of work since.

 

 

In September 2016 I was issued a Default Notice from RCI and I made a post term agreement to pay £240 a month until May 2018 which was the original end date of the finance.

 

 

I have struggled upto this month to maintain the payments as we rely on the vehicle to get back and forth hospital appointments and for me for work.

 

 

However this month I have been unable to pay the required £240 and received a phone call 2 days later from RCI to ascertain why payment had not been received.

 

I explain that I had sent them a letter and email stating that I was experiencing difficulties maintaining the payments and proposed a revised payment plan (They have denied receiving either).

 

 

I explained my circumstances to the caller and my payment proposal and was told that they would call me back.

 

 

A few hours later I received a phone call to state that they would send an agent to collect the vehicle and my proposal had been rejected.

 

 

I asked if I could speak to someone to discuss payment and was told that there was no other options left to me.

 

On Thursday last week Anglia UK rep posted a letter through my door whilst I was at work and my husband was there requesting I make an appointment to discuss my agreement with RCI.

 

 

I call Anglia on Tuesday of this week and explained the call with RCI and their response.

Also over the weekend my step-father has reach the final days of COPD and I have been spliting my time between work, caring for my husband and visit my step-father in his last days.

 

 

The agent from Anglia was very understanding and suggested I go back to RCI and explain the situation.

 

I have spoken to RCI again today and again was told there was no room for negotiation and that I was to surrender the vehicle to Anglia UK on Friday at 2pm.

 

My question is

can RCI repossesses my vehicle without a court order?

Do I have to return my vehicle to Anglia UK tomorrow?

 

Sorry for the long post,

am at the end of my nerves atm with everything that's going on atm

[dx100uk]

short answer is NO THEY CANT.

 

 

Anglia ARE NOT BAILIFFS

as long as you don't leave it on the road but on private land they legally cannot touch it

and it will invalidate the agreement if they do.

 

 

STOP!!! talking on the phone

you need a papertrail.

 

 

if anyone rings

put the phone down after saying in writing only.

 

 

you've paid more that 1/3rd?

and scan up your agreement to ONE multipage PDF please

follow the UPLOAD

[mysticf4lls]

Thank you dx100uk,

my car is usually parked in the resident bay owned by the landlord of my property.

 

Should I moved it away from the property?

 

I have copies of the original letters sent on the 3rd April to RCI and the signature part from royal mail,

 

will refrain from discussing anything further over the phone.

 

I have paid just over 2/3rds of the agreemnt only 12 months left.

 

I will scan the agreement tonight as I am at work at present.

 

Thank you again for your quick response.

[dx100uk]

if its on the public highway then pers i'd move to private land or hide it in a garage till this is dealt with

don't leave it out on a public road.

 

although if they do take it without a court order [return of goods order]

 

then you'd have them by the short and curlies.

 

and then you'd get the car back and ALL your payments as they would have broken the consumer credit act.

 

DO NOT agree to the car being taken

that will be voluntary surrender

whereby you'd be responsible for the car and ALL payments till settled.

 

if you want to wind them up.

then should they phone again

then tell them you've sought legal advise and as you've paid more than 1/3rd

you now know that they required to take you to court and get a return of goods order

BEFORE they can take the car.

 

should they take the car you will sue them under the consumer credit act, as they would have voided the signed agreement.

[mysticf4lls]

Thanks dx100uk, will move the car until resolved.

 

Does the consumer credit act remain in force even though they issued the default notice and in effect terminated my agreement?

 

Sorry if it's a silly question, am just really stressed out with the situation and my health is suffering badly.

[theoldrouge]

Certainly does

 

Under no circumstances surrender the car

 

and make clear to them and their agent that you will not

[dx100uk]

they've not issued a termination notice have they?

[mysticf4lls]

Hi Guys,

 

Went through my paperwork last night and it states on the Default Notice and Termination notice that I have paid over 1/3rd of the total payable and therefore they may not take possession of the vehicle without a court order and that if they do they would repay all payments made in such event.

 

 

Feel alot better about the situation today and can show Anglia UK today that this is clearly stated on the documentation received from RCI.

[dx100uk]

might not hurt to get an sar running and get all the statements?

 

I bet theres lots of penalty charges

 

and what type of agreement is yours please

HP, PCP, conditional sale, pers loan?

 

and is the car specifically noted?

[mysticf4lls]

Update..

 

Guy from Anglia UK came this afternoon.

 

 

Got to say the guy was a true gent and understood my pedictament and could not believe RCi behavior especially as he was sent to get me to voluntarily surrender the vehicle and waiver my rights.

 

 

I gave him copies of the letters sent to RCI stating that I will not give up possession without a court order.

He advised that I make sure the car is on private property as RCI may push their luck.

 

He went through my HP agreement and explained my rights,

he was ex police and had his fair share of dealings with unscrupulous Creditors.

 

Will have to post up my Agreements and other Documents on Monday as he noticed an issue with my HP agreement.

The values don't match the sales invoice.

 

 

The values on the HP are more than the sales invoice

I.e the part ex of my previous car has not been deducted.

Also the default notice has incorrect amounts I.e payments etc

 

What can i do regarding the incorrect amounts on the agreement as this would make the interest and total to pay less than what I am paying?

 

The guy from Anglia also suggested getting a no win no fee sol to look at the documents also.

Is this worth doing as I have legal cover with my home and car insurance?

 

Thanks for all your help so far, very much appreciated

[dx100uk]

you and we can address these issues without the need of a NWNF buffoon

[mysticf4lls]

That would be great. Thanks dx

 

Will upload the documents on Monday when I'm back in work

[mysticf4lls]

Hi Guys,

 

Attached are the copies of all documents received to date,

I have high-lighted the relevant areas:

 

The 1st page is my original sales invoice for £7425.00 (£7825 - £400.00 part ex)

 

On the 2nd page is my pre contract information:

 

Total Amount of credit £7824.00,

Total to Pay £10643.48,

Cash Price £8224.00

. There are 2 interest rates of 15.14% and 17.28% not sure which one is applicable

 

On Page 5 is my HP Agreement:

 

Total cash price for goods £8224.00

less cash deposit / part ex £400.00

 

Amount of Credit £7824.00

 

plus

 

Interest 2472.48

Finance Facility Fee £198.00

Option to purchase £149.00

 

Total Charge for credit £2819.48

 

Total Amount Payable £11043.48

 

My observations so far are as follows:

 

The Cash Price for the vehicle should have been £7825.00 not £8224.00 and after Part Ex £400.00 should be £7425.00 not £7824.00

 

The Pre-Contract states Total to Pay £10643.48

however the Agreement states Total to Pay £11043.48

 

By using a loan calculator

7425.00 at 15.14% APR over 4 Years is £9765.25, Interest 2340.25 plus £198 (Finance Fee) and £149.00 (Option to Purchase) comes to £10,112.25

 

& 7425.00 at 17.28% APR over 4 Years is £10111.98, Interest 2686.98 plus £198 (Finance Fee) and £149.00 (Option to Purchase) comes to £10,458.98

 

My question is

what was the total amount of Finance was it £10643.48, 11,043.48, 10,112.25 or £10.458.98?

 

On Page 11 is my Default notice for the arrears of £858.04 and Page 12 shows the breakdown and 1/3rd clause:

 

Total amount payable £11,043.48

Total amount that you have paid £6247.26

Less rebate allowable* £376.16

Total amount to be paid £4420.06

 

However on the 6th October I received the last page accepting my post termination agreement

 

Outstanding Balance £4,504.71 to be paid in £240.00 installments.

 

The Outstanding balance has increased by £84.65.

No breakdown provided as to how they arrived at this amount.

 

I have paid 5 payment of £240.00 equaling £1200.00

my understanding is that my outstanding balance £3304.71

however I have been advised that the balance is £3156.58 by Anglia UK.

 

Hope this isn't information overload,

but there seems to me and to Anglia UK that there are a number of errors in the HP agreement and tbh I'm am now unsure as to what the amount of credit was and what is actually remaining to pay.

RCIInvoice2PostTerm.pdf

[dx100uk]

Repo fee?

[mysticf4lls]

Hi Dx,

 

What do you mean repo fee? I still have the vehicle, no repossession has taken place.

[dx100uk]

they wold have still charged their fee for involving anglia

[mysticf4lls]

Ah Ok Dx, with regard to the difference of figures from Sales Invoice, Pre Contract and Credit Agreement where would I stand with that and RCI?

[dx100uk]

makes no diff

you are cancelling the whole deal

return the car

you owe NOWT

[mysticf4lls]

Hi Dx,

 

When did I say I was cancelling the whole deal? I said the following in post 10

 

Update..

 

Guy from Anglia UK came this afternoon.

 

 

Got to say the guy was a true gent and understood my pedictament and could not believe RCi behavior especially as he was sent to get me to voluntarily surrender the vehicle and waiver my rights.

 

I gave him copies of the letters sent to RCI stating that I will not give up possession without a court order.

He advised that I make sure the car is on private property as RCI may push their luck.

 

He went through my HP agreement and explained my rights,

he was ex police and had his fair share of dealings with unscrupulous Creditors.

 

Will have to post up my Agreements and other Documents on Monday as he noticed an issue with my HP agreement.

The values don't match the sales invoice.

 

 

The values on the HP are more than the sales invoice

I.e the part ex of my previous car has not been deducted.

Also the default notice has incorrect amounts I.e payments etc

 

What can i do regarding the incorrect amounts on the agreement as this would make the interest and total to pay less than what I am paying?

 

The guy from Anglia also suggested getting a no win no fee sol to look at the documents also.

Is this worth doing as I have legal cover with my home and car insuranceicon?

 

Thanks for all your help so far, very much appreciated ��

 

That's why I posted up the documents and question regarding the mis-matched figures on the HP agreement.

[dx100uk]

yea sorry wrong thread

I was hoping theoldrouge might pop in.

 

 

probably invalidates the whole agreement...

[mysticf4lls]

Thank DX, Anglia UK suggest a NWNF sol to take a look into it

[dx100uk]

as post 11

[mysticf4lls]

Thanks DX,

 

I have a sneaking suspicion that the missing £399 is GAP insurance as it was offered to me in 2014 when I signed for the car but declined to take it as the car was 2 Years old at the time of purchase.

 

Have sent a SARS request to RCI to confirm my suspicions.

If it is in fact GAP then what are my options as I have no paperwork relating to GAP insurance and there is nothing in the Pre Contract or Agreement other than the discrepancy between the sales invoice and the amount financed.

 

Looking at the leaflet that was supplied 3 Years GAP was £399.00 and 1 Year GAP was £310.00, hence why I have a sneaking suspicion that GAP was added to the Finance amount without my knowledge.

 

Is it worth my phoning to see if dealerlship or RCI will email with their Sales Invoice to ascertain this information more quickly?

[dx100uk]

Trouble is this might tip them off that there is an issue and that they could well be hit with a voided agreement claim soon?

[mysticf4lls]

So keep the information to myself till I get the results of the SARS request and if it turns out that the dealership hid GAP and RCI failed to disclose then take it up with FOS?