ALPHERA - cancelled car finance after forgetting payment holiday agreement - no letters ever!

[GinnieW22]

I have a credit agreement with Alphera Financial Services and due to me losing my job back in April, I called their offices and told them I was unable to pay and through some back and forth, I was offered a payment holiday where I did not make a payment for 3 months and it will be added to my agreement.

 

Payment was not taken for May, June or July.

as agreed payment was taken by direct debit in August 2022 - next minute, I'm getting a debt collection letter from Grosvenor telling me they are collecting my car due to missed payments

 

I've put in a complaint to Alphera and low and behold they have no record of the payment holiday that was agreed, they are lying saying they have tried calling me and have sent me letters telling me I'm in arrears -they've sent me NOTHING!!

 

Now they are telling me the agreement has been cancelled and they are sending me a settlement by email in the coming days - oh and my complaint has been REJECTED

 

I've read so many bad reviews about alphera destroying credit files and lying about calls etc but didn't think this would happen to me.

 

Please can someone help with any suggestions of what I can do.

 

Ideally I want to keep the car .....

I can make the monthly payments and if anything I will pay the arrears to put this to bed but they won't agree to anything now as the agreement has been terminated.

 

do I have any rights?

 

Thanks so much in advance

[Bugjd44]

Hi, 

If anything i just wanted to give you some reassurance until you get a reply.

 

Im currently dealing with a similar situation with BMW finance.

 

I hope this gives you some ease for the time being and i hope you get a solution soon  

[dx100uk]

Go do a time order

 

 

[GinnieW22]

Should I make one last request in writing to alphera to accept payment and reinstate the agreement and advise that I will do a time order if not or just go ahead and do a time order?

Edited October 4, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

how far into the agreement are you?

have you physically paid 1/3rd yet?

 

dx

 

[GinnieW22]

No, I only started the agreement in Aug 2021.

 

My issue is they’ve completely lied about a payment holiday saying they’ve got nothing on file reflecting it.

 

They’ve not sent me any letters or even a default notice or anything just a letter from grosvenor re collection of the vehicle.

 

They told me today that the agreement was terminated in September despite them collecting august payment  .. so bizarre. 

Edited October 4, 2022 by dx100uk
unnecessary previous post quote removed

[dx100uk]

Just type no need to hit quote please 

 

So the vehicle is not protected goods under the consumer credit act .

 

Your options here are very very limited.

 

Keep the car parked on private property, do not voluntarily surrender it. You'll owe the whole sum.  Be aware they can snatch it from a public highway if parked up 

 

I'd send them an SAR too. Everything in writing now only. No phone calls, no emails.  

 

The agreed payment holiday is not really a viable long-term way to argue your way out of this 

 

Consider a time order 

But if you realistically cannot afford this going forward that could fail 

 

Dx

[GinnieW22]

What is the benefit of doing a SAR? Thanks

[dx100uk]

gets you everything they hold on this agreement about you and them

all the statements all the letters etc .comms log etc

 

use our search top right 

type in Moneybarn

 

and go read a good few 10's of threads

the process of your problems will all be explained and is the same for any car finance co.

 

you need to wise-up/get experience/knowledge  going fwd.

you seem sadly very green

 

dx

 

 

 

[GinnieW22]

I have today received a final response to my complaint letter from alphera,

 

they are refusing the complaint and continue to uphold the termination of the agreement.

 

They think trying to contact me 3 times is sufficient enough to warrant the termination - not sure I believe anything they say as I've had no letters or voicemails.

 

I sent them the SAR and that was delivered today together with a letter asking if they are able to accept full payment of the arrears in an attempt to reinstate the agreement or I will have to do a time order

 

had a call from Grosvenor today saying they have been given the greenlight to come and collect the car.

Should I do the time order in the meantime?

I'm a bit worried now with time scales and what not.

 

Do Grosevor have any rights to take the car?

I know you say in previous posts they don't, but I've not paid 1/3 so just wondered...

[dx100uk]

not if the car is on private land

they could snatch it from the public highway if you park it outside you home. 

just simply refuse to co-operate and NEVER sign anything nor hand over the keys.

 

scan up this letter please

 

and next time STAY OFF THE PHONE!!

put it DOWN stating WRITING ONLY!!

 

you are under ZERO legal remit to talk on the phone, by email nor by text.

 

dx

 

[GinnieW22]

Thank you for your recent contact where you raised a complaint with us regarding your agreement. I am sorry you had cause to contact us in these circumstances. I have now reviewed your agreement and I am in a position to provide you with a final response. We understand that the nature of your complaint is that you wish to dispute the termination of your agreement as you feel we have mishandled your agreement by providing you with incorrect information.

 

Our records indicate that you contacted us on 29 April 2022 to advise you were facing financial difficulty and could not pay your April instalment due the following day. The advisor suggested you cancel your direct debit to prevent us from automatically calling for the payment. The advisor discussed the impact to your credit file if the arrears balance remained outstanding for more than 28 days and of notice of sums arrears letters you may also receive. The advisor also offered you free debt advice information and confirmed that you could manually (by card or bank transfer) make your April instalment in May.

 

We contacted you again on 03 May where you advised you had cancelled your direct debit but we still had attempted to collect your payment. The advisor suggested that you request and indemnity claim with your bank if this was the case. You also advised you would be making a manual payment on 06 May. The advisor emailed you our bank details following this call. No payment was received on 06 May as advised by yourself and we did not collect April instalment as it had been cancelled by your bank as instructed. We sent multiple arrears letters through May and June but had no further contact from you.

 

On 28 June 2022 we attempted to contact you by telephone but was not able to reach you but left a voice message requesting you to contact us. We also emailed you requesting contact. We attempted contact you again on 11 July 2022, again leaving a voice message and sending an email. In this email we confirmed your arrears balance as £895.53 and advised you can pay via bank transfer or by calling us and paying over the phone by card. We also advised if you could not pay the arrears in full you could contact us to discuss a suitable payment plan. We again offered you free debt advice information and how being in arrears would impact your credit file. We continued sending you arrears letters and attempted to contact you again on 11 August 2022 but again we were not able to reach you.

 

Your agreement was reviewed on 18 August 2022 and as we had not received payment from you since March 2022 and you had not contacted us since the last conversation had on 03 May, we issued a default notice to you. This notice allowed you until 07 September 2022 to pay the arrears balance of £1,194.04 in full to avoid the termination of your agreement. The agreement was reviewed again on 13 September and as the default notice had not been satisfied nor had we had any contact from you, we terminated the agreement. In conclusion, I am satisfied that we had made sufficient attempts to contact you regarding your arrears balance and as a responsible financial lender we cannot allow the agreement to continue in arrears. As our customer, you are responsible for ensuring payments are being made to us and that your respond to the attempted contact by us to address the arrears on your agreement. I can therefore confirm that your agreement will remain terminated and your complaint has been rejected.

 

Please note that, under the terms of our Complaints Procedure, this is our final response. If you are dissatisfied with it, you have the right to refer your complaint to the Financial Ombudsman Service, free of charge – but you must do so within six months of the date of this letter. If you do not refer your complaint in time, the Ombudsman will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the Ombudsman believes that the delay was as a result of exceptional circumstances. The address of the Financial Ombudsman Service is: Financial Ombudsman Service Exchange Tower London E14 9SR The Financial Ombudsman Service website is www.financial-ombudsman.org.uk. For more information please read the enclosed guide ‘Your Complaint and the Ombudsman’. 

 

^^^ that is the contents of the letter.

 

I've received no letters from them, no emails and absolutely no voicemails - they even said on the phone when I originally called that they tried to leave a message but the mailbox was full? They literally change the story..

[dx100uk]

have you moved in the last year?

 

they cannot send a default notice by email. it must be sent by snail mail.

 

so where are all these letters going.

 

dx

 

[GinnieW22]

No, I've not moved but had no letters from them - I've not even had a termination letter, I only found this out by ringing them after getting the letter from Grosvenor. I've read other threads of people saying that Alphera have said about sending letters but that they've not had them. Perhaps the SAR will shed some more light, but it really is their word against mine isn't it  ... 

[dx100uk]

no its not.

if you didnt received the default notice etc etc then thats potentially fatal to any court claim they might raise 

 

id get on and do that time order. 

 

stuff 'em.

 

did you read a few moneybarn threads here

as you'll see you are not alone

it will also gen you up on your rights as a consumer too.

 

dx

 

[GinnieW22]

Yes I’ve been reading through them and it’s shocking - also, you have a lot of knowledge.. I’m jealous!

 

I will wait for Grosvenor to turn up and shoo them away!

 

In terms of next steps whilst I do the time order- is it likely for them to get a court order relatively quick? 

 

in the time order, will it go against me that I’ve asked alphera to allow me settle the arrears in full? 

[dx100uk]

Don't forget no man with a flatbed, if they ever do come ! Has ANY legal powers . None, ZERO, NADA. !!! Just like any DCA, they are totally absolutely powerless  

 

A good laugh is to film them on your phone. And as long as the car is not on a public highway, tell them to leave your property and never to return.

 

Default notice in hand, or even with a court stamped return of goods judgement (you ain't got one, but for future readers) they still have ZERO powers!! Unless the judges order specifically states the claimant can use their own choice, and not court assigned bailiffs.

 

As for the time order and anything 'harming' it ...no 

 

Have you mentioned a time order to them yet?

 

Dx

 

 

[GinnieW22]

Yes, noted. I will film it! Luckily, I have cctv on my property too. 
 

Okay, thanks good to know. Yes, I sent them the SAR which was delivered to them today with a letter proposing that I settle the arrears to ‘reinstate’ the agreement or I will do a time order. 
 

you’d think they would just accept the payment for the arrears and get on with it… wishful thinking?…

[dx100uk]

we've seen a few here rescind things when threatened with a time order as there is little a finance co. can do to prevent it other than argue its not affordable to you, and having already offered your solution and having been ignored, that will have little shrift in the judges mind to not grant it.

 

 

dx

[GinnieW22]

Not heard back from Alphera since they signed for my letter re settlement of arrears and SAR on 06.10 -

how long would you give it before I do the time order?

 

What do you suggest to do about the payment for September, they haven’t taken as the arrears are just going to keep increasing whilst they sit on it and don’t respond?

 

I called to ask whether they have received the letter NOT to discuss anything further and simply told me it’s not been received despite it being signed for … any ideas?? Thanks 

[dx100uk]

why cant you pay them via BACS?

 

dx

 

[GinnieW22]

I didn’t know if it was a good idea to send a BACS payment for a terminated agreement? I also don’t have their details but I’m sure I could find it somewhere within my paperwork, if you think it would be beneficial for me to make the payment for September?

 

 

edit - I’ve actually found their bank details on their website FAQs 

Edited October 13, 2022 by GinnieW22

[dx100uk]

Quite honestly I'd act as if it's not terminated with regards to payment s.

 

SAR is 30days.

 

Dx

[GinnieW22]

Ok, I will send today. Would you suggest sending over payment for the arrears then or would you wait for their response?

[dx100uk]

if/what ever you want/can pay.

all it will do is reduce the sum on your poss time order.

 

dx