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Lex Autolease - Missed Payment marker on credit files due to confusion/refusal to remove


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Hi all,

 

This is on behalf of a friend so I am the middle man but hopefully have all the information.  All sounds very odd but looking at numerous reviews of Lex, this is not the first time they have messed people around.

 

The short story is due to what seems like confusion on the first initial payment + deposit, a marker has been placed on their file for a missed payment but despite monthly invoices and on-time payments for the usual monthly payments, there does not seem to be any request for arrears.

 

They are requesting recordings of the phone calls and data Lex are holding regarding communication with the customer - Is there a strong enough case based on what we know below (1-sided I know) to have the markers removed?  All credit agencies are having a dispute raised in meantime.

 

Breakdown of events is as follows:

 

23/04/19: Signed contract for lease car (online)

June 2019:
05/06/19:  Car delivered
26/6/19: Lex sends invoice for Deposit + first payment stating payment will be taken on 11/07/19

 

July 2019: 
19/7: Lex phoned to state  on 10/07 Payment apparently was attempted but returned from the bank- another attempt will be made in 3-5 working days.  No sighs on statement or from the bank to suggest failed payment.
23/7: Customer checked and confirmed funds are still available in bank to cover deposit + first payment but still nothing taken. 

At this point because of Covid/Kids etc, this has been forgotten about.

 

August 2019:
01/08: Standard monthly Payment went out.
12/08: Lex called to say account still in arrears as payment did not go through.  Asked to pay £2000 to clear  - customer assumes this is the arrears.
*They are now disputing this saying customer offered to pay 2k and then a further balance the next day*
£2000 can be seen to leave bank account on the 15/08

 

September 2019:
01/09: Standard monthly Payment made via DD
03/09: Spoke to Lex about registration change of car, paid handling fee, no mention of arrears

 

October 2019 - December 2019
01/10: Standard monthly Payment made via DD
01/11: Standard monthly Payment made via DD
01/12: Standard monthly Payment made via DD


At some point in December, customer calls Lex to change bank details as payments need to come out of another account.

 

Jan 2020:
01/01/20: Did not take payment as per usual.  Money is available in both old and new account but nothing taken.

*Customer is not aware payment has not been taken*


Feb 2020:
1/2/20: Standard monthly Payment made from new account via DD

 

March 2020 - June 2020

Standard monthly payments still made on time from this point monthly without any issues but customer still unaware of any arrears

 

July 2020:

Lex sent letter (dated 26/6), arrears on account.  Received around the 06/07/2020
Stating Behind on payments including Jan 2020 + previous year June + remainder of deposit.
08/07: Rang to pay off arrears in full which was taken on the 10th and thought this was end of the matter

 

October 2020: 
Mortgage application fails.  Check credit file which shows multiple late payments for Lex Autolease from the first month of taking the car.

5/10: Contacted regarding re credit file - sent to various credit controllers
14/10: Lex said credit markers for missed/late payment would be lifted after showing evidence of the above and where they cannot show attempts of contact were made prior to June/July letter.
15/10: Lex stated it would now NOT be lifted
28/10: SAR request made although this is not via any template.

 

Things to note:
*Every month an invoice is generated but no mention of any arrears.

*None of the bank statements seem to show any attempt made for payments, or where it has gone out and back in due to insufficient funds, or any charges due to unprocessed payments.  Customer is requesting this from the bank in writing to suggest they have not rejected anything as far as they can see.
*Credit file only checked in October 2020 when the missed/late payments noticed.  This is the first time the customer realised how bad the mess above has got when the mortgage application failed and reports were generated.

*Checked 08/11/2020- Bank shows Cancel date of DD as 02/01/20 but DD: Last request also: 02/01/20 so where did this request for payment go as both accounts do not show the Jan payment as going out.
*Checked 08/11/2020: New Bank shows DD start date as 04/01/2020 - again no payment taken it seems.

 

Appreciate a lot will say this is why you check credit reports etc but in their case, its not something they have ever had to worry about so yes there is a bit of naivety there but everyone starts somewhere - up until now, they were not even aware of what a missed payment can do let alone the 10+ they are now reporting.

I have advised them to record all calls going forward and of course log everything that happens.

 

 

 

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I have moved your topic to  Vehicle Finance and Vehicle Repossessions Forum where it is more suitably placed with the problem you raise rather than a General Motoring Issue.

 

Andy

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Just a quick update, they have spoken to the bank in question and for first payment + deposit, the bank has confirmed the direct debit was created on the 23/05/2019 but no payment transactions were attempted by Lex in May, June or July.

 

I have just seen the invoices generated for the 26/6/19 and it does clearly state both amounts would be taken via Direct Debit on the 11/07/2019

Bank has also confirmed they would not reject any DD's regardless of funds and instead, if they had none, it would simply go into an overdraft and they would be charged accordingly.

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so naughty lex are lying then.

 

i hope you recorded that call or are they sending a response in writing?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It certainly looks like it - I hope they recorded it too - will ask shortly but they will be sending it in writing either way by email within 4 days and post within 7.

 

They have also received confirmation regarding the SAR so that is in the process too it seems

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