Specialist Motor Finance Ltd Car HP - Car Repossessed now chasing balance.

[BankFodder]

I've opened it.

 

Please continue there

[stuggling]

Thank you for opening this back up. 
 

i logged into my credit file and today noticed that they had put it on my file with 2 years of default!  
 

I have still not received the SAR and no response for it, when I asked again this morning I got a response that they closed it in March and I owe the money. 
I did say I’m still awaiting on the SAR but they haven’t responded . 
 

I was hoping to move and now I feel I won’t be accepted as this is now on my file and is for nearly £8000 

[BankFodder]

I haven't gone through the thread yet – but am afraid that you will have to learn that these things don't go away. You have to deal with them and make sure that you have put the issue to bed.

So far as I can gather you sent an SAR a couple of years ago and it wasn't satisfied and you didn't do anything about it. You should have taken action then and asserted yourself. There's no point in making statutory demands for information which have statutory deadlines then with a data processor doesn't comply, you just sit back and do nothing. What's the point?

I think that given the amount of time which has passed, that you should send them a new SAR. Send it today and then we'll go from there. This time don't let it go.

Meanwhile I'll try and have a read through the thread and see what is happening. However, once again – if you just let things go then eventually they will come back and bite you

[stuggling]

Ok thank you, I know it was a mistake to just leave it. 
 

I will do the SAR today and send it off. 
 

thank you 

[BankFodder]

Yes, send off the SAR. It doesn't cost anything and there's nothing to lose. However, this thread needs a closer look at and I expect that my site team colleague @dx100uk who was helping you will need to refresh his memory as well and give you a better idea where you stand.

So far I understand that you fell into arrears with your motorcar finance but they then agreed to an instalment plan which they then reneged on. If you kept the instalment plan correctly then they were wrong to renege on it. But we need more information from the SAR and also we need to understand the whole story.

However, only say that even if there was an instalment plan, if you went into arrears on the finance agreement then that would probably still be grounds for marking your credit file – even if you had been keeping to the instalment plan. It seems very unfair – but I'm afraid that's the way it is.

Send the SAR anyway

[stuggling]

Ok thank you, 

 

i defaulted but cleared the default by the date needed, and I fell into arrears again but they repossessed the car on the original DN. even with an arrangement to pay (which they didn’t agree too but i maintained payments, I’ve managed to find my bank statements to show this, as I know i commented I missed a few payment with the plan but I found payments made to them) they sold it and now I’m left with £8000 to pay.

I’ll await the SAR response, thank you 

 

[dx100uk]

45 minutes ago, stuggling said:

i logged into my credit file and today noticed that they had put it on my file with 2 years of default!  

you mean the debt buyer has...who is?

and is this the defaulted date of the original one from the DN that you satisfied? 2017

so 2yrs to run is correct..

 

what happen with the Time Order?

what happened with the FOS investigation?

 

 

[stuggling]

It’s still with the original company, I’ll dig out the FOS stuff I think they were waiting on a response from them which was sent in March this year (but I’ve not had anything) 

 

I was never able to do the time order due to costs

 

I know I’ve made a mistake not chasing it all and sorting 

[dx100uk]

53 minutes ago, stuggling said:

they sold it and now I’m left with £8000 to pay.

sorry i misunderstood , i will gather here you mean the car not the debt?

 

the defaulted date on your file is the correct one of 2017?

 

dx

[stuggling]

Yeah sorry the car, yes correct date I’ve all my paperwork showing last payment etc I’ve called fos and they forwarding the information they got of them 

[dx100uk]

ok so why is this correctly now appearing on your credit file an issue?

did you agree to the repo and give them the car or they just took it ?

 

[stuggling]

I didn’t agree to the repo the guy came every day and ended up blocking my neighbours drive (were the car was stored)  for 6 hours, the neighbour needed to leave and caused a huge commotion and he ended up taking the car. 
 

im not sure as to why now I’m hoping the SAR will show this, but as it’s correctly on there I can understand it needs sorting, 

[dx100uk]

if you can prove that you met the sum owing on the DN by the due date, and a further DN was not issued...this seems like unlawful repo and you should get back the sum of the cars worth and all your payments, as detailed earlier in this thread.

[stuggling]

I can prove it, Thank you 

[BankFodder]

Is your neighbour prepared to make a written statement?

[stuggling]

Yes but they are related to me  so not sure how it would go

[BankFodder]

It would go fine. Don't worry.

Please ask them to write a full statement – well spaced – lots of paragraphs saying exactly what happened date time who said what to who who did what to who et cetera.

Post it here and we'll  have a look and then see if we can't turn into something that looks a bit legal. It may be extremely useful at some point.

[stuggling]

Ok thank you I’ll get them on to it 

[AndyOrch]

Topic title updated.

 

Andy