Issues with Car Finance Company Specialist Motor Finance (SMF)

[Lynni]

Hi Everyone

 

I am having some issues with a car Finance  company and came across this forum.

Before even posting the issue I have I’ve already benifited  from some of the excellent advice on here. 

 

Keep Up the Good Work

 

[dx100uk]

ok good

start a new topic in the vehicle finance forum and tell us the story

 

dx

 

[Lynni]

Thank you. I’ll try to find the section now

[Lynni]

Apologies I can’t see how to post on the Car Finance Forum:

 

Specialist Motor Finance

I am looking for advice:

I took our Finance with Specialist Motor Finance (SMF) in October 2015.

I have paid every month without any breaks in payment.

 

In November 2018 I decided to trade my car in for a newer model following an email offering a new deal.

I was shocked at how much Finance I still have left to pay on a car I had paid for nearly three years.

On the advice of a car sales garage I exercise my rights under my HP agreement to hand the car back.

I contacted SMF and followed their instructions by putting this in writing.

 

On 7 Dec 2018 I took my car to the local auction house on the direction of SMF.

I cancelled my direct debit which was 25 of every month. 

I was told by SMF that if they needed to fix the car in any way they would send me a final bill.

 

Mid January I began receiving  phone  calls and emails from the collection team.

I advised the car was handed to auction.

They couldn’t locate the car then finally they advised it was at the auction house. 

Which of course I knew. 

I said I was unhappy it had been left for over a month in winter.

 

By February I emailed and lettered SMF with proof I did not own the car etc  as I’d heard nothing from them but had been alerted that my Experian and Equifax  account was showing missed payments for SMF. 

 

I was told in an email that the car had been sold and I’d receive corespondance and my credit rating would be fixed then. 

I waited two weeks and nothing.

I was then alerted to a DN being added to my credit account for next month.

 

I called SMF on (11/03/19) and was met by what only could be described as a barrage of abuse and aggression from Mark who refused to give me his second name. I was completely unprepared for this response and advised all I want is correspondence advising if I owe money so that I can pay and for my credit rating is fixed

 

Mark in an aggressive tone said I’d delivered the car in poor condition and it needed a new battery?

I didn’t get a chance to speak as he was exceptionally aggressive in his tone and put the phone down on me. 

 

I called Equifax and asked this to be noted as a dispute.

I have also have a meeting with CAB too. 

 

Can you advise what to do next.

I feel completely intimidated at the thought of contacting SMF again.

I just want to pay any bill they may say I have and sever all ties from this horrendous company. 

(I have receipts and statements and emails I can show)  thank you in advance for any advice 

 

[honeybee13]

Hi.

 

I've moved your thread to the Vehicle Finance forum and left you a link to follow to the new forum. People should be along later.

 

HB

[Lynni]

Thank you so much 

[Sparxeh]

So it sounds like you have Voluntary Terminated (VT) your agreement and handed the car back to the finance company. So you are only liable for 50% of the Total Amount Payable, any arrears if you were behind on payments and the car must be roadworthy and not damaged (less fair wear and tear) - otherwise they are able to bill you for any damage/work needed on the car.

 

Did you take plenty of photos of the car, before leaving it with the auction? Are they telling the truth, did the car need any repairs? Was it in a horrid state when you returned it? Or are they making the whole thing up?

Also you should ask the finance company for the Vehicle Condition Report (VCR) they completed when it was returned, along with the apparent final bill, for what they believe is 'damaged' or needs repair.

[dx100uk]

I bet it was VS and not VT hence you still owe money.

but eitherway you are NOT responsible for a flat battery or anything else they say is 'wrong' with it.

 

so did you VT [only owing upto the 50% mark after vehicle sale is taken off the bal]

or are they claiming you owe the full finance still owed .

[Lynni]

Hi 

thanks for your reply.

I checked section 5.2. Of my T&C’s.

It looks like VT. 

 

I paid three years of the five never once missing a payment.

I took the car to auction in December with an MOT from 31Oct.

 

For being 10 years old I thought it was in reasonable condition.

I was driving it to the point of handing back.

 

Mileage high at 109,000 had theyvsayd it needed a new battery before selling at auction. 

 

My major issue is I’ve asked if I have an outstanding payment and could a bill be sent.

Nothing has been sent.

 

When I called  i again stated I should not have missed payments or a DN on my credit report as no bill has been sent for me to have the opportunity pay?

 

Due to work commitments I’ve not managed to go to Citizens Advice (CAB).

 

I have Put it in my diary for next week.

 

Do I have rights?

 

Any advice on my next step.

Thank you 

[dx100uk]

did you fill out and sign and date or send a VT letter?

you don't owe anything from the date it was vt'd

you'd paid more than 50%

the agreement terminated the day you sign the VT ..if it was VT.

they cant mark your file

they cant charge you for a battery.

 

you don't need CAB.

 

what  letters have you had from them?

 

 

 

 

 

 

 

[Lynni]

When I inquired about handing the car back under section 5.2 They told me to put my request in writing which I did. They then called me and told me which Auction House to send the car too. They offered a £250 pick up service which I declined. Since then the only correspondence from them have been phone calls intially demanding my monthly car payment. These stopped immediately when I advised them the car had been handed back under T&C’s.

 

i only have a few emails from them. The last one on 26/2/19 telling me the car had been sold at auction and I would be receiving correspondence from them soon and at that time they  would sort my credit score.i have copies of the emails printed. 

 

By the 11/3/19 When I had still heard nothing and Experian alerted me to a DN being put on my file...That’s when I called and was met with verbal abuse from one of their agents Mark. To say I was shocked is an understatement. I was calmly asking if I had a bill outstanding and when they would set my credit score. The thought of speaking to them again makes me quite nervous. 

 

[dx100uk]

you should never use the phone.

no papertrail.

write them a letter

the agreement terminated on the date of your VT letter

no further payments are due as you'd already paid more than 50%.

 

give them 14 days to sort the credit file on all 3 platforms else you will raise a serious complaint to the ICO and the FOS and will be seeking financial compensation.

 

PS: they had no right to demand £250 and make you take the car to an auction either.

that's their problem at their cost not yours.

so atleast seek the financial loss anyway of that round trip to the auction house they conned you into doing.

[Lynni]

Thank you for this good advice. I will write to them using recorded delivery.

i will also write to ICO and FOS.

I raised the issue with Experian and they have got back to me to say SMF have said the default notice is correct and has to remain on my file.

I replied to Experian to say I have have no notice of any bill or money outstanding and despite requesting this nothing has been sent. Although, since joining this forum I now believe I owe nothing to this company.

i will get letters sent immediately 

 

Kind Regards 

lynn 

 

 

 

[dx100uk]

stop wasting time with powerless CRA providers.