Oodle Car Finance - £1600 behind - Income and Expenditure form wanted - should i fill it in?

[johealey]

Hi

 

Back in September I changed my car. 

When I left the garage the air con wasn't working. 

 

I rang the garage up and I said I would get my son to have a look at it (because he is a mechanic). 

He couldn't see anything wrong with it and said perhaps the gas needed replacing. 

The garage told me that the gas was fine when it was checked. 

 

After this happened a number of issues started to appear, warning light about a flat tyre on the front left. 

Suspension warning light service kept coming up on the dashboard. 

A whining noise appeared from the power steering and a really loud clunking noise from the central locking.

 

Having had Fords for 10 years, I have had more issues with my new car in the 3 weeks of having the vehicle than I have in the 3 Fords that I had across 10 years! 

As you can imagine I have not been impressed.

 

I took the car back to the dealer (this is a second hand car dealer, not a main dealer),

they ran another service (apparently a service was done before they sold the car to me, but I am not convinced!). 

 

They fixed the tyre pressure warning light and also the suspension warning light and said that the air con had a cracked pipe and needed replacing. 

The pipe was ordered from Vauxhall and I was told that the car would be booked into my local garage, so that I didn't need to make the 3 hour drive back to them to have it fixed.

 

The local garage called me and stated that they were only looking at the vehicle and not fixing it and that if any monies were due then they would hold the car until payment had been received.  They said that the second hand car dealer didn't have an account with them I would be having to pay! 

 

I went back to the second hand car dealer to state this and that the car wouldn't be looked at and I was not paying for any works to be done to the vehicle, given the car was still under warranty for another year and I had clearly bought this car with all these faults brewing and the dealership hadn't found any of these out!

 

Another week passed and I'd heard nothing from where I purchased the car, I chased them up. 

They said they had called me and left a VM and the car was booked back in. 

They had rang the wrong number and admitted this because I had not received any messages from them. 

I missed this slot because they had left a VM on the wrong number. 

 

Another week went by and the whining on the power steering was getting louder and happening more often. 

I rang back the garage and told them that if they didn't fix the car I would reject it and they could have it back.

 

I was told that the guy I needed to speak to was on holiday for 2 weeks, and that nothing could be done until 3 days later when a service guy was also back from annual leave. 

 

This guy rang me on the Friday and said he would get the car booked into the local Vauxhall garage to look at the cracked pipe, the power steering and the clunking on the alarm central locking.  Again, he had rang me on the Saturday and left a VM on a wrong number! 

I chased it up on Monday to find out what was happening, because as you can imagine, I was losing my patience.

 

The car was finally booked in last week (some 6 weeks after purchasing this vehicle), to find that a new pipe is needed for the air con, the power steering pump needs replacing and the actuator on the central locking has gone and also need changing!  The vehicle is booked into the garage to have all this work done on the 12th/13th November.

 

I have never had so many issues with a car purchased before and given the car is only 2 years old, you wouldn't expect this! 

 

Luckily the work that needs doing is covered under the 3 year warranty, however, it wouldn't have cost me a penny anyway.

 

My question is;

I paid asking price for this car, I have had 6-8 weeks of constant chasing of what is going on, having to get the car to the garage, taking the time out of work to drop the car off/pick it up etc.  It looks like the repairs are covered under the warranty and therefore not going to cost the second hand dealer a single penny! 

 

I am wondering whether I have a right to ask for some compensation for this whether it be a refund via cash or a payment made off the finance for the car?

 

I may not have a leg to stand on, but I thought I would ask the friendly advice of this forum

 

Thanks 

[Chuffnut]

You can take them to the small claims court if you wanted. You’d have to list out all of the costs you incurred, what you have done to mitigate these costs (for example if you’re claiming for a taxi receipt you need to demonstrate you couldn’t take the bus) and then file a money claim. Ask yourself if this is worth the aggravation. If it is, go for it.  

[johealey]

Hi,

 

I have been asked to fill in an I&E form with regards to the arrears on my car finance - I fell into arrears due to having cancer treatment and being unable to work so took a 4 month payment holiday.  They won't add these arrears to the end of the agreement as this already happened for 3 months when Covid hit and I wasn't working at all.

 

I am now back at work and not only am I paying the direct debit for the correct payments, I am also paying £100 in addition, HOWEVER, because this payment plan has not been agreed with their finance team, they keep calling/chasing and hounding me which is not what I need whilst trying to get back onto my feet.

 

The debt is £1600 and they have asked for this form asap so that they can "support" me in an amount that is affordable - regardless of the fact that I have said the additional £100 is affordable, apparently it's not good enough!

 

My concern is that if I put a negative figure they will see that I cannot afford to repay the arrears and take the car away from me, the other option is that there is a credit, however, they then want to take ALL the excess money that I have left over each month and I basically will not have a life.

 

Obviously I want to fill this in correctly, but at the same time I don't want to be sat at home for the foreseeable future clearing these arrears when I am already paying £100 a month towards it.

 

Thanks in advance

[dx100uk]

who?

none of their business!!

 

dx

[johealey]

The loan is secured on the car so I have to provide this to stop them from coming and taking the car and I cannot afford to risk that happening because then I won't be able to get to work.

[dx100uk]

WHO!!

so this is a logbook loan?

dx

 

[johealey]

no it's not.

 

I took out car finance with Oodle and have fallen into arrears of the above after my cancer treatment.

 

I am just looking for some help please, thanks 

[dx100uk]

then the finance is not secured against the car, its a std HP agreement. the car is not 'yours'

they pay for the car outfront and remain the legal owner until your last payment, then it becomes yours.

 

when did you take the agreement out?

for how many months?

how much was the agreement for?

and have you physically paid 1/3rd of the agreement sun yet?

 

or scan up the agreement to PDF and let us know your total actual payment to date please?

[johealey]

I purchased the car in September 2019, and started to pay the loan payments in October 2019.  I have 30 more payments left to make.  The loan was for 60 months.

 

I have paid to date £9,399.28.   The sum borrowed was £13,732 with interest totalling £26,131.20.  Settlement agreement is £11,992.00

 

According to my credit agreement:

 

"if you do not keep your side of the agreement but you have paid at least one third of the total amount payable under this agreement, that is £8,710.40, we may not take back the vehicle against your wishes without a court order.  If we do take back the vehicle without your consent or a court order, you have the right to get back any money that you have paid under this agreement".

Edited September 26, 2022 by johealey
Amended figures

[dx100uk]

then the car is already protected goods under the consumer credit act.

the only way they can get it is by a return of goods order via a court, of which you would be notified and IMHO your best course of action would be a time order , nothing to stop you doing that now if you wish.

 

£26k for a 2nd hand car!! 

 

dx

[johealey]

OK that's good thank you for clarifying that, I thought that was the case but they threatened me with a Default letter today along with repossession - empty threat I guess given it wasn't even signed and probably an automated letter!

 

I have never dealt with a time order before, does it go as a Default or a CCJ on your credit file?

 

I assume you are not advising that the I&E is completed and returned?  I am not sure how these work as I am guessing they will try and minimise all outgoings to get the maximum paid for their benefit - even though they say they are there to "support" me.

 

Also, they have only sent me a letter re the arrears and not the full balance owed.

 

Sadly when I bought the car my credit file was a bit worse for wear, not something I am proud of, but was ok and heading back in the right direction until I fell behind with payments when I was sick  

 

 

Edited September 26, 2022 by johealey

[dx100uk]

a time order will not show.

a default notice gives the creditor the OPTION of registering a formal defaulted date on your CRA file everyone can see and like a CCJ will effect credit for 6yrs, paid or not, paying or not. but they must issue a DN before they can take any further legal action under the CCA.

 

should they take the car without your signed permission or a return of goods order from a court, as it's protected goods, they would void the agreement and you would be legally entitled to the car, or equiv market value today and all payments made back.

 

i would p'haps also send them and SAR and get all the statements to date, as if they have levied any fixed sum penalty charges, like arrears fees, letter fees, overlimit, default notice fess etc etc. then these are unlawful and should be removed including the interest they have attracted.

 

as i said in the first reply, unless ordered by a judge, your personal financial details are none of their business.

 

 

[johealey]

ok that's reassuring re the time order.

 

Whilst I think of it, even though I have been paying the DD on time and when they took the payment, they are still marking my credit file as a missed payment - is that right? 

 

Should they be doing this or does that relate to the arrears hence the marked "missed" payment? 

 

At one stage they were marking it as a missed payment as they were taking the wrong amount on the DD - this was before I was ill, yet I am still battling to get this remedied.

 

No, this was definitely a warning letter as the letter mentioned the arrears due and the deadline of actioning which was the 9th October 2022.

 

I will request the SAR, but I don't believe they have added anything as I can see my statement online and all the payments made and payments left and nothing flags up.

 

I have explained to them time and time again that I didn't want to fill in the I&E form, but they kept saying that it was so they could help support me and to ensure that the money I was paying back in addition to my loan DD payments was affordable. 

 

I have been paying £100 extra a month for the past 3 months with no problems and they are aware of that and even if I carried on paying this for the next 16 months, the arrears would still be paid off a good year before the final payment was due.

 

If I draft a letter in response to their request, their letter about the deadline date and anything else that's worth putting in the letter, would you cast your eye over it for me please before I send it across to them?

[dx100uk]

your mistake here appears to be entering into pointless letter tennis when there was no need to in the first place , why do more? simply makes them think they are important.

 

a missed payment, marked 1, is just that, a missed payment, they are entitled to do so for what ever reason. 

 

dx

 

[johealey]

They keep sending me the form to complete.  If I ignore them it’s going to get worse surely. 

[dx100uk]

because they want to know if you can afford the payment + the £100, there are certain obligations they have to abide by.

not your problem. none of their business. 

 

by keep sending the form it shows, in all effect, that there is little more they can actually do, bar going to court for a return of goods order, which is easily countered by a time order, which is why i suggest to nail them in their box now, rather than wait. take control rather than being controlled.

 

the other factor lookingto the future is do you really want to keep this car, its a hell of lot of money and cant be worth £26k! you could hand it back once you reach the 50% mark by VT and have nothing more to pay. you could do VT now but you'd still have to pay to 50% sum.

 

you just need to stop getting spooked and reacting.

 

its you money, you control where it goes not creditors.

 

also read a few moneybarn threads here, you'll get the idea then.

 

dx