Close Brothers Motor Finance - Defaulted - year left, Me & car not in the country…

[sh626480]

Hi All 

New here.

Currently struggling financially and trying to get things in order.

Recently recently defaulted on my car payment.

I’ve spoken to Close Brothers on the phone, but they are not interested in reinstating the agreement. I have a year or so left to pay on the car. However, I moved out of the country with the car over a year ago but continued to make payments. The car is now registered where I now live abroad - but the lender is unaware and they are still unaware that I have moved abroad with the vehicle and I’m worried to tell them this!

I only have around 18 months left of the car until it’s finished being paid.

However, now that I have defaulted with the lender I’m concerned about the repercussions.

I don’t have any mode of transport apart from this car and I’m concerned that they’ll repossess it. they are currently asking where the vehicle is, I haven’t told them yet but I’m also worried as I’m not sure if the car has a tracker or not?

I have been doing some research and can see that they could potentially take me to court for a return of good order?

Not sure how to deal with this and would really be appreciative of some help.

Thank you so much!!

Edited January 14 by sh626480

[dx100uk]

not if you are not in the UK with no UK assets like a mortgaged home.

simply inform them in writing with proof that you and the car are now resident in XXXX .

should they wish the remaining balance, please RSVP confirming the unfreezing of the agreement so you can continue to make payments.

should they fail then ignore them. nothing they can do...

dx

 

[Nicky Boy]

And as for this...

On 14/01/2024 at 03:02, sh626480 said:

I don’t have any mode of transport apart from this car and I’m concerned that they’ll repossess it. they are currently asking where the vehicle is, I haven’t told them yet but I’m also worried as I’m not sure if the car has a tracker or not?

If they're asking where the car is... they obviously don't know.

Even if there's a tracker fitted, tracking data is sent over cellular and the sim card is unlikely to be enabled for international roaming (cost implications), so it wouldn't work.

[sh626480]

I have a Ltd company business still registered in the UK.

Why would I tell them where I’ve moved to / where the car is?

I’m worried!

[dx100uk]

but the car is not registered to the business so not a problem.?

never run from debt.

go back and read my last post carefully......

[Nicky Boy]

6 minutes ago, sh626480 said:

Why would I tell them where I’ve moved to / where the car is?

You're out of jurisdiction. They can't pursue you through our court system.

It should make them give up any idea of court and seriously reconsider allowing you to carry on with the payments as per original agreement.

It's either that, or they'll get nowt!

[AndyOrch]

https://www.gov.uk/taking-vehicles-out-of-uk

https://www.nationwidevehiclecontracts.co.uk/guides/ask-nvc/can-i-take-my-lease-vehicle-abroad

 

[sh626480]

Thank you all.

Will contact them and report back

[sh626480]

Ok update to this thread

 

have now received n email from stevensdrake who are a solicitor but have not received their letter.

They have asked me to call them…

what should I do?

[lolerz]

You told Close Brothers that both you and the car are out of the country?

[sh626480]

No I haven’t told them anything… I moved abroad several years ago

[lolerz]

Big Mistake.

You were advised to earlier in this thread, why have you not done this?

The letter would have gone to your last registered address (likely your UK one).

Rule 1 is never run away from a legal dispute. You *MUST* inform all your creditors of your new contact address.

You had such a perfect hand and completely fumbled it by not using it. You're out of the UK and as such out of jurisdiction for UK Courts. They're now in the position to get a backdoor CCJ against you and you'll be none the wiser.

Write to close (and cc the solicitors) and inform them of both your and the cars new address NOW.

[AndyOrch]

On 16/01/2024 at 21:50, sh626480 said:

Thank you all.

Will contact them and report back

And did you ? what did you inform them of ?

[sh626480]

I have my letters being forwarded to me from the UK via a scan and mail company, so I receive my letters, however, I have not seen one from them yet.

Don’t particularly want to tell them where I am. The car also isn’t in great shape. Have had to replace the engine twice due to flaw with the engine itself, well-known issue.

Concerned of a return of goods order/what could come of that?

I know you say I’m out of UK court jurisdiction what exactly could a CCJ do to me?

I don’t have any UK income however, I do have UK bank account but also some in my country that I’m living in?

[dx100uk]

so even if they totally succeeded and did everything above lets say......

how are they ever going to enforce it....please tell us so we know why you are thinking what you are.....

[sh626480]

Would I get in trouble with the court or anything like that contempt of court??

I still visit the UK frequently so don’t want to cause any issues for myself in that regard?

does your first post still stand? 

 

[dx100uk]

debt is not a criminal offence in the uk its a civil one.

yes my 1st post

if you'd done that 2mts ago this would have been all over by now.

where are you reading otherwise.....

 

 

[sh626480]

How would this be over?

What’s the worst that could come of a CCJ/Backdoor CCJ?

I will contact them today.

[dx100uk]

just type no need to keep hit quote.

they cant issue any court proceedings once they know by LETTER you are not resident in the UK.

you dont 'contact them' you write then you have a legal papertrail.

tick tick tick...

 

[sh626480]

Thank you, is there a template for this kind of letter? 

how will I post it if I’m not in the Uk?

 

or can I get a friend / family member to do it?

[dx100uk]

On 14/01/2024 at 17:37, dx100uk said:

not if you are not in the UK with no UK assets like a mortgaged home.

simply inform them in writing with proof that you and the car are now resident in XXXX .

should they wish the remaining balance, please RSVP confirming the unfreezing of the agreement so you can continue to make payments.

should they fail then ignore them. nothing they can do...

dx

 

you post it from where you are now.

dx

 

[lolerz]

International mail exists where you are now, no?

I don't think close would believe you personally if you tried to tell them you live outside the UK and the car is no longer in the country, and then send it using a regular old UK stamp.

[sh626480]

Ok thanks guys