Car Finance Charges on top of Fixed Payments

[ITmanrichard]

Hi there

 

I am 41 months into a 48 month standard HP agreement.

 

I paid by DD on the nose every month until around the 30 month time, when I became unemployed (no PPI by the way).

 

Since then I have failed to make some payments on time, but NEVER have been more than 30 days late. I'm no angel this I realise but as I type this at least i'm up to date.

 

Every time I fail to make a payment a DN comes out etc etc but I always pay up.

 

 

As I have 7 months left to pay and my payments are £400 (but the last payment is £550)

I should have 6 x 400 plus 1 x 550 or £2950 left to pay.

But my credit file which was updated in April says I owe over £5000?

 

The HP company have said this is because of charges incurred for late payments and a home visit which was £75?

I checked the date and time on my CCTV and not one person visited my house that day.

 

Are they having a laugh?

 

I advised them that the payments under a HP agreement are fixed and that in October on my final payment they should remove my vehicle from the HPI register

- but they said they will not until the full amount on the account is clear.

 

I expect to pay something for my late payments,

like I said I'm no angel in this matter,

but this is ridiculous;

could someone tell me where I stand please?

[dx100uk]

the visit fees and the late payment fees are unlawful and reclaimable.

 

 

who's the hp with?

 

 

dx

[ITmanrichard]

Many thanks DX

 

Close

[ITmanrichard]

Is there some legislation I have to quote when writing to them? I'm happy sending out SAR or CCA but just don't know why I have the right to claim these charges are written off?

[dx100uk]

you are not asking them to be written off

you are putting in a claim for them to be refunded

 

 

the FCA state that any sum of money levied because 'something didn't happen' is deemed ' a penalty'

and under contract law and HP agreements etc, those are unlawful

because they are a fixed sum charge, that does not properly reflect the exact cost of what they had to do.

[ITmanrichard]

OK, so just because I haven't actually paid these charges, doesn't mean that they shouldn't be refunded, but in my case refunded to my account so that the account shows correctly what I owe, yes?

 

Hey, many thanks again DX

[dx100uk]

:rockon::rockon:they only notionally exist

 

who the fleecing finance company?

 

bet we know them well

 

dx

[ITmanrichard]

Give you a clue - you are on the right trail and your so CLOSE you wouldn't believe it?

[dx100uk]

erm this can be taken further they've been fined by the FCA for doing this before I think

 

 

just type in their name in the SEARCH CAG box of our top red toolbar

and read!!

 

 

dx

[theoldrouge]

SAR to the OC to gather all the info

Then Formal Complaint time