Terrorised by Close Brothers Motor Finance - Repossession

[Cadbury10]

Hi,

 

I purchased a used car from Motorpoint in around July 2016 which was financed through Close Brothers.

I was heavily pressurised to have a synthetic paint added to the agreement, which increased the monthly premium.

 

When I collected the car I was taken on a brief test drive before taking the car away and during test drive the car was pulling quite badly to the right.

I told the person who accompanied me for test drive from Motorpoint that it was pulling quite badly and he told me no, it wasn't and had already been check and there was nothing wrong with it. He was trying to deny and refuse fixing it. I then had to pick it up on a different day so they could fix the problem.

 

I have had no problems with the car since, except handprints of white synthetic paint on the black interior of car from where they applied the synthetic coat.

I did not notice those handprints / marks until later and felt unable to complain about it. 

The loan was over 60 months at around £260 per month.

I have struggled with finances for a while but always paid on time and have paid over £7000 in repayments.

 

I ran into financial & health problems towards end of last year and was late with a payment by I think only 2 days and Close Brothers sent a nasty aggressive debt collector to my home who absolutely terrified me, smashing on my front door, stalking around the property, looking in windows and flashing torch through windows, trying to open doors etc... Communication with them has completely broken down because of this.

 

I think that was Towerhall solutions and the debt has now been passed to Bluestone.

They offered to reduce the debt by a couple of thousand if I pay them immediately, but obviously I am in financial difficulties and no way of doing that. 

 

I am confused and now don't understand who owns the debt. 

I have been petrified of losing my car, which is a lifeline to me and I am in hardship, without any ability to buy another car.

 

I am trying to recover my health and prevent losing my home at the same time and struggle to sleep panicking that the car won't be there when I wake up.

I still have the car and wondered if anybody could tell me if I would be given any notice of a court hearing about this before they could take the car, or if I maybe have any claim against them.

 

 

[unclebulgaria67]

The issues mentioned have nothing to do with the debt.

 

Yes if the car has unpaid finance registered against it,  then they can attempt to repossess. 

 

What does the last letter you received say exactly ?

[Cadbury10]

Unclebulgaria - Thank you for your reply.

 

I expected it to be taken some time ago.... 

 

I have always paid my debts with diligence, but just really feel they have acted a bit unreasonably towards me and their actions have had a profound effect on my  health and caused me so much distress, which has had a bit of a domino effect and made it much more difficult for me to get back into a position to make payments. 

 

I could not live without a car so the constant worry of it being taken away is causing me extra stress... 

 

I think the most recent letter was from Bluestone asking for full payment, although will double check this and let you know if any different... 

 

Also really would like to avoid a CCJ and I find all of their correspondence distressing, but just confused and don't know what to do. Does that mean that Close Brothers no longer own the debt?

[unclebulgaria67]

Could be that Bluestone own the debt now.

[dx100uk]

who do bluestone state is their client on their letters please?

 

no they cant take the car from private property without a court return of goods order as you've paid more than 1/3rd so it is deemed protected goods now.

 

 

 

[Cadbury10]

Unclebulgaria - Thank you again for your reply - Any suggestions what I should do... If anything?

 

DX - It says their client is: Close Brothers Motor Finance - That's why I'm confused... So does the debt now definitely belong to Bluestone?

 

Thank you - That's reassuring about the having paid more than a 1/3rd - So does that mean I would receive a court papers and given a chance to defend before they could take?

 

... I have managed (albeit with great difficulty) to keep the car taxed, MOT'd & insured to date - Although, I switched insurers through a broker and ironically my current car insurance is with Close Brothers... I was late on a payment with that too and they immediately slapped a £30 late fee, which made it very difficult for me under my circumstances...

 

 

[dx100uk]

penalty fees are unlawful.

reclaim them.

 

so very safe to ignore another powerless DCA = bluestone.

 

lets put it this way

 

IF anyone takes the car you could take them to court and get all your payments back and keep the car.

as long as you do not sign and agree to them doing it

as this is an hP agreement?

fully enshrined and protected within the consumer credit act are you.

 

[Cadbury10]

I had double checked my bank account before the car insurance premium was due and there was just enough to cover it, but online banking didn't show that my bank (Co-op) had charged me a late fee, meaning that my car insurance payment didn't clear and I didn't find out about the £30 fee charged by Close Bros until post arrived and received letter from them. 

 

I complained but it took me over an hour on the phone and a lot of distress.

They told me would cancel the insurance if I didn't pay, so paid their late fee a couple days later....

I had to go without any food that week.

 

They then, some weeks later, sent me a letter saying late fee paid had been credited to my car insurance account as gesture of goodwill, but that if I was late again I would not be refunded any late fees.

 

You've reassured me so much - Thank you!

 

Although if they took the car, I would have even more difficulty attending court than I do at the moment.

What will happen about my credit file if I just ignore this?...

I think I remember a default notice sent to me a while ago...

Does that mean that this will still affect my credit for 6 years if I do nothing? 

 

Please excuse my ignorance, but is HP the same thing as motor finance, or something different?... 

[dx100uk]

Hire Purchase look at your agreement.

 

co-op don't charge late fees?

[Cadbury10]

Sorry, I'm tired - Yes of course it's HP isn't it...

 

Co-op charges.... They've charge me many fees, although not sure if they're late fees, missed d.debit fees or what... I've banked with them for over 10 years too, so god knows what their various fees have added up to over the years... !  

 

I have loans with them too which are now in arrears and have had various problems with them too... With do a separate thread for that when I can put my mind to it... Not sure whether to include that with the Britannia mortgage thread or not, as they are same company aren't they

 

DX - What I meant was is hire purchase the same thing as motor finance?... My loan with Close Brothers was 60 months to be completely paid off, with no balloon payment at the end.... I had a vehicle finance agreement on a car when I was 17 which did have a large balloon payment at the end of loan term. Is the latter kind of agreement what is known as HP, or are both types of agreement still HP? Hope that makes sense?

 

The co-op charges I mentioned I think were for either going into an unauthorised overdraft, or for return of d.debits/standing orders without enough funds to clear... Not entirely sure to be honest but certainly hasn't helped when being in such financial hardship.

 

So with this type of situation with my car, if they went to court to get an order to repossess it, would I receive any actual court papers giving me a chance to attend / defend? Or would they just go and get a court order and then remove the car without notice?

 

 

Edited July 25, 2019 by Cadbury10

[BazzaS]

Should Council tax, mortgage and utilities such as electricity be priority debts over and above car repayments?

[Ell-enn]

4 hours ago, Cadbury10 said:

DX - What I meant was is hire purchase the same thing as motor finance?... My loan with Close Brothers was 60 months to be completely paid off, with no balloon payment at the end.... I had a vehicle finance agreement on a car when I was 17 which did have a large balloon payment at the end of loan term. Is the latter kind of agreement what is known as HP, or are both types of agreement still HP? Hope that makes sense?

 

The co-op charges I mentioned I think were for either going into an unauthorised overdraft, or for return of d.debits/standing orders without enough funds to clear... Not entirely sure to be honest but certainly hasn't helped when being in such financial hardship.

 

So with this type of situation with my car, if they went to court to get an order to repossess it, would I receive any actual court papers giving me a chance to attend / defend? Or would they just go and get a court order and then remove the car without notice?

 

 

You would get papers from the court regarding application for return of goods.   You could defend if you can make payments going forward together with something to cover the arrears - if you can't make payments then the court would almost certainly award a return of goods order to the claimant.

[Cadbury10]

Hi UncleBulgaria,

 

The most recent letter I received today is statement from Close Brothers... It details various random fee charges as well...

Edited October 2, 2021 by dx100uk
thread tidy session only

[dx100uk]

which are all unlawful.

and can be reclaimed.

 

just to be clear..

once 1/3rd has been paid they CANNOT just repo the car

else they void the agreement as I detailed earlier.

 

you'll soon know if they go for a ROG

not seen close brothers do that so TBH i'd put this problem on the back burner

least of your worries.

 

keep that roof over your cats heads is the very TOP financial priority.

 

 

[Cadbury10]

 

@Ell-enn - Thank you for your reply. Do you mean there would be no way of reclaiming payments made or keeping the car, as suggested by DX, until such time as they physically remove the car and I would then have to try to fight to get it back?... Would there be no option to file counterclaim? Or file a claim before they attempt to obtain ROG order? 

 

@dx100uk - Thank you for your reply... How do I go about reclaiming those fees/charges?

 

Thank you again for your reassurance that they cannot just remove the car without court order... That have relieved at least a little bit of stress.

 

It has been on the back burner as it were, as trying to prevent home repossession has been top priority, but this too, as if the car was removed, my horrendous existing problems would be escalated rapidly and my car really is a lifeline for me which I cannot live without either... 

 

I don't recall mentioning having cats on here before...It's almost like you're psychic! Hahaha..

 

Although I feel hugely reassured by what you have said, I still really don't want this hanging over my head and thinking of longer term problems with this, what options do I have? If any?

[dx100uk]

well 1st you'd need all the statements - sar time.

lets find out the extent of their charges if any

but it doesn't resolve nor remove you from needing to pay this as you should though.

 

but of course as I pointed too, and so has ell-enn, they can go for an ROG,

ok close brother are an unknown here on that we've not seen one

and their T&C's are very bad with regard their treatment of people that don't pay.

 

we've seen people get visits from powerless dca's and repo agents within 10day of a missed payment

but not heard of thing escalating to ROG...yet!!

 

but you must act

if not simply to tell them they'll one be getting £xxPCM for xx mts.

don't ignore the problem

communicate with them but NEVER over the phone

that goes for any debt!!