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

[stuggling]

Because it a was direct debit I never saw their bank details

I've now got their details

but they still want £559 by tomorrow or enforcing default notice,

 

 

I'm drafting a letter to them to say they can't issue default as not 3 months behind

[dx100uk]

as per those guidelines and the consumer credit act.

migt be better to get a time order running .

or state if they don't accept your offer

you will do a time order

[stuggling]

Ive just drafted this up to send to them tomorrow.

 

 

In regard to the above finance, I'm writing to ask that I'm given time to clear the arrears as my partner has just returned to work and have faced financial hardship over the last few weeks, I'm offering £180 a week to clear the arrears but will make the monthly payments as normal when due.

 

I have received a default notice, but as per the guidelines from consumer credit act, a default is issued after 3 - 6 missed payments, but yet I have received the default after only 2 missed payments if you cannot agree to the payments I have offered above I shall have no other option but to issue time order of the account.

[dx100uk]

with regard to the arrears on the above account number.

 

I have tried numerous times to come to some arrangement to clear the arrears in a swift and timely manner and also resume normal monthly payments.

 

To date, against the FCA CONC rules which your industry and HP agreements are governed by amongst other guidelines and rules, you have flatly refused to help me.

indeed even to the extent of issuing a Default Notice after my 2nd missed payment, rather than the 3rd, as detailed under the relevant section of the consumer credit act.

 

To be truthful, i'm rather disgusted by the attitude of your whole company, especially area? manager Mr XXX whilst on the phone stating that I can forget about any more time and must hand the car back immediately.

 

I can assure you I shall be complaining about the way I have been treated without further notice to yourselves in the near future.

 

The arrears will be cleared by payments of £180PCW commencing [date] and I will resume my agreement payments on date

 

Should you fail to accept this offer I will have no alternative than to submit a time order.

 

 

regards

 

 

disgruntled customer

[ReasonableRon]

indeed even to the extent of issuing a Default Notice after my 2nd missed payment, rather than the 3rd, as detailed under the relevant section of the consumer credit act.

 

 

Can you highlight exactly which section this is as I cannot find it? Genuinely interested. Ta.

[stuggling]

Gonna issue time order, I just don't trust them, got told that uts oy guidelines and 215 a week with 497 on 31st. And that I'm not trusted as I'm now out of work, explained part we back in work and they said so it's in ur name not his

[dx100uk]

Can you highlight exactly which section this is as I cannot find it? Genuinely interested. Ta.

 

 

post 23 attachment and look at the DN section 87

[NoAxeToGrind]

I have No Axe To Grind so I say it from both sides

 

1. All paperwork uploaded on here seems fully compliant with CCA.

 

2. The notion expressed that you have to miss 3 payments for a DN is misconceived. I have seen Counsel's Opinion that 2 missed payments is sufficient for a DN.

 

3. The refusal by the Creditor to take a smaller payment than that demanded is concerning.

I know someone who worked at the Creditor who said he overheard Collectors saying this all the time.

 

They were incentivised on full repayments.

Apparently the FD overhead this, raised a fuss and an edict was issued to stop this practice.

 

This is certainly detrimental to the customer and can be covered off as follows:

(i) send in a cheque for the lower amount;

(ii) all calls are recorded so simply say "please confirm for the recording that you are refusing to take a payment from me and that you are preventing me from repaying what I owe". Then raise a formal complaint to the Creditor referring to the recording.

This should put a stop to it but if not go to FOS; (iii) ask for a payment card.

This will allow you to make payments whenever you want.

[stuggling]

a little update

i managed to clear the arrears and the default notice on the 30/06/2017 was the last one received, that was cleared,

I have not heard from them since and have been paying as much as i can a week till i start work on the 20/10/2017,

 

 

I have on several occasion tried to sort this out but no luck,

I'm trying to get the money together to do a time order but it is £250 so i was informed which is a lot to us at the moment.

 

today a guy called at the house at 15.20 and said he had called twice and left cards etc,

i asked him dates and times as we have cctv

he told me wednesday at 4pm and friday at 4pm but as said to him, please hold while i check my cctv,

he then looked lost and confused and even my landlord who has been doing work on the house was here friday

I've just spoke to said he had seen no one come to the door and nothing has been left and after checking cctv no one had called round.

 

Ive been left a notice of termination from 2/10/17 and this i clearly stated was wrong as i had not received any default notices from them and can not do a termination.

 

Any advice been told i have to call them at 8am to stop him coming back and clamping the car

[dx100uk]

clamp the car?

nope they are not bailiffs

[stuggling]

Yeah he just turned up and said he clamping the car, he hasn't as I've moved up neighbours drive way, but what if had clamped it I'm nervous now he gonna call back out, gonna go my local county court to see if can get help with fees

[dx100uk]

'he' cant clamp anything

who is 'he' a repo agent?

 

if so they are totally powerless

and are not bailiffs or anyone with ANY legal powers

 

getting spoofed here struggling.

dx

[stuggling]

I'm in a state of panic now, the car is vital at moment.

 

He just gave me his name and said to call them tomorrow or he will be out to clamp it again I'm just filling in forms now for the time order

[dx100uk]

clamp it again?

 

you are seriously being had here.

 

this had not been to court

no one can clamp anything

[stuggling]

They didn't clamp today as I proved him wrong and then he said if don't pay etc will call out and clamp during week

[dx100uk]

they CANNOT CLAMP ANYTHING!!

what are you not understanding....

[stuggling]

I know I'm just worried he just clamps though you say he can't I have a feeling he will try it when out and we can't get it removed,

[dx100uk]

then call the police

dx

[NoAxeToGrind]

when you say that you cleared DN, did you clear it INSIDE the stated timeframe.

If you didn't then you did NOT remedy the breach.

This allows Creditor to TERMINATE the agreement.

 

 

Once the termination notice is served, the agreement is irreversibly terminated.

In law this cannot be undone and you owe the full amount less an allowance for the proceeds of sale of the vehicle.

 

 

The Creditor then has full power to do what it wants with its vehicle.

It can clamp it if it wishes to effect seizure.

If the agreement is Bill of Sale they have full power to enter your property to do this.

 

Once terminated, if you retain possession by hiding the car you are technically committing theft by depreving the true owner of his asset.

 

 

The termination notice may have words to that effect

- stating that you no longer have permission to use the vehicle.

This wording allows the Creditor to get the car as stolen on the police national computer via the Industry funded Police Unit. You will be pulled over. You should tread very carefully.

 

If you have an HP agreement, all of this assumes that you have paid less than a third.

 

Did you pay by cheque or ask for a payment card like I suggested?

 

This is a guide.

It is not an extract from the CCA.

CCA does nof specify when DN can be served.

I have seen Counsel's Opinion that said one missed payment is not enough but two missed payments is fine.

[stuggling]

Wouldn't allow payment card just to go bank and pay into their account, can't do cheque as do not have them.

 

This company are very hard to negotiate with, won't accept anything less that what is due, which is understandable. DN was paid in time, I do have this proof.

 

I'm going to issue a time order just till we back on our feet

[dx100uk]

well luckily there is no bill of sale

but a fleecing 50% int rate.

 

 

has the OP been paying £180 PCW like they say since july?

 

 

there is no right to enter private land and clamp nor tow a car without the OP's permission.

 

 

the DN might well have not been satisfied but to issue a TN 10 weeks later if the OP has now bought the account upto date is something else.

[dx100uk]

ah cross posted

so by 16th july you had paid £683.28?

if so the TN is invalid.

 

 

can you clarify please as the dates of you posts here you hadn't.

[stuggling]

I paid by 16th July for the DN,

 

couldn't do 180 a week as they said no and to do 80 pw,

which I did but have not had any income since start of sept

as both jobs were temp and contracted ended

 

 

now awaiting benefits to start, but I'm due to go full time from 28 October.

 

I have on a few occasions tried to reason with the but nothing I offered less then the monthly payment just till we could get money back on track but they won't allow it.

 

Got all proof the DN was paid, car is now up drive way.

[dx100uk]

well I know hat id do

let them take it

the DN was paid off by its date

 

then if they repo ....in their own agreement it states that will be void as the DN was settled and they've not issued a new one?

 

unlawful repo then...you'll get all your moneyback

and IMHO you were very stupid to go there in the first place 50% int rate..MUGGED.

designed to fail.

 

they rip off 1000's every month

about time you got comeuppance on 'em

 

 

dx

[stuggling]

I know I would love too, but with a disabled child the car is vital to us and for work.

 

We are looking forward to being in a full time permanent job to save for a basic run round to do is.