Rbs Partner Compnany - Car Finance

[jjandbump]

I have a HP agreement with Capital bank that are part of the royal bank of scotland.

 

Due to one reason or another, ours when we have had no money, and theres when an inputting error, changed the DD date to one that we wasnt paid in time to meet,then my hubby being off ill and not getting paid etc etc, we have been charged loads prob over £1000. We have a baby due soon and am sure this would be very handy.

 

The agreement was originally for 3 years and we have 18 months left. I dont know if to try and claim these charges back as will they terminate the agreement, or do i wait 18 months, and hope that nothing happens to make you ot be able to ask for them back.

 

We dont have a good credit rating and no deposit or money for another car, so need to keep this one.

 

Any Advice from anyone would be appreciated.

 

Ta very much

[jjandbump]

Please someone must have some knowledge out there.

[jjandbump]

We have an account with Capital Bank PLC that are a sister compnay of RBS. They are car HP compnay, and we have been charged loads in the 18 months we have had the agreement, and it has not always been our fault.

 

But i have 18 months reamining on the HP. Can they close it, as i need the car desperatly and i do not have a good credit reating to go else where, Can anyone advise me please.

 

Thanks

[ED1237]

No, this is totally diffrent to a bank account.

[isidore]

I think your response is a bit misleading Ed....yes it is different to a bank account and they can't CLOSE it per se, but does that mean they don't have the ability to draw in his finance deal and request immediate payment? I don't think so. I'm not entirely sure myself and wouldn't like to offer an opinion.

 

Are you sure of this Ed? Any mods have an opinion on this?

[ED1237]

Hi T4FF,

 

Yes I am sure. This type of account is regulated and therefore, so long as JJ is maintaining the contractual obligations then there is little they can do about it. This information is based on personal experience.

[jjandbump]

I have fallen behind on my hp with the dreaded capital bank i get paid in a week and will clear all of my arrears off then. But can they still take the car i have paid over half of the agreement. I think i have been charges in excess of £800 in charges from them. Do you think if i clear the arrears then hit them with the letter of DPA they will continue action to take the car. I am desperate for any advise, as i simply cant pay before and cant loose the car.

[Chris_w]

If you claimed your charges would they cover the outstanding amount owing on your loan? you could send a SAR but also include the wording in your letter that the account is in dispute just alter the template to show this wording. they should hold off on any action that they may be threatening. then just take it from there following the guidance on here to reclaim your money. sorry I can't be more usefull but I'm new to all this myself.

[jjandbump]

I have fallen in arrears with my car hp, due to health reasons, i have sent the money by BACS to capital Bank, but today got a letter from Buchan Clarke Wells that have magicly made a £710 arrears in to £890.

 

Do you know if i have to pay the charges to BCW, Please help i thought i had got through all this.

[jjandbump]

i fell in to arrears with my HP and i have now got up to date the thing is i have been charged extaushantly about £350 in over 3 months..... yes thats correct in 3 months, they charged £35 a letter and no matter what kept sending them out.

 

I want to claim all of this back i am just concerned that they will say we are closing the account down.

 

I paid additional interest which i am ok with as payments were late, and although payments were late they can see i have mae things up.

 

Please advise as i cant get credit anywhere else and also i cant loose my car.

[spiritgirl59]

Hi JJ

 

I have bumped this up for you x

 

I am not sure on HP agreements so don't want to speculate, but will watch with interest to see what advice other members have on this one.

 

I am dealing with BCW myself which drew me to your thread. They are unscrupulous - one thing I would say, refuse to discuss anything on the phone with them as they are nasty, deal with them in writing only.

 

Love Spiritgirl

[tooth_fairy]

BCW are dirty tricksters and I would refrian from speaking on the phone with them.

[rory32]

Do you know if i have to pay the charges to BCW,

If they are anything other than interest charges (which doesn't seem likely) then no you don't have to pay them as they are unlawful.

 

I would write to them asking for a statement of account (this is free so don't let them charges you for it).

[jjandbump]

Thank you

[babybear39]

Hi jjandbump

 

Dealing with these myself...

 

Good luck and best wishes,

 

BB

[steven4064]

Hi JJ&B

 

Some banks have tried it but got their knuckles rapped by the OFT. I'm not sure what the contractual position is but I wouldl doubt that they can close your account. Have you paid back over 1/3 of the value? (I seem to remeber that has a bearing on things with HP)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.

Almost everything I know concerning the law I learned from this site

[jjandbump]

hi there , yes i have paid well over half i have said i wil pay them but want statements first to see if the amounts tally up. I cant see how they have put another £300 over night now they want £870...... yes over night.

 

I know if i send of the SAR they will never come hopefully this way they will arrive before i clear the debt off which i have said i need a week to do.

 

Actually have i done the right thing i have written to them and said i need a week to pay and i cant pay it before and i want them to advise them of the court procedings case number and court which authorises them to come and take the car on tuesday as they have just told me they will do unless i pay £600 tommrrow. But my money tree isnt in bloom yet what do they think people are rolling in it,

 

I am a mum of 2 young kids if i had £600 laying about i would be very happy

[Innocenti]

We are going through this sort of thing. My hubby got made redundant and we tried to keep on top of the payments. We are about a month behind and are paying £100 a month extra to catch up. We have about 8 payments left so we definately owe over a third!

 

They are threatening us with courts as well and I have told them to go for it. You can move the court to your local one and attend. You can argue it to the judge that you are paying/have paid your arrears off and have been paying on time since, you need to keep the car as you have children and you could lose your job without a car.

 

It is not guaranteed they will get the car back (which is what they are aiming for) and a judge is just a likely to say you can keep the car as you are paying more to catch up with the arrears.

 

So far our "charges" have come to over £800 and when I finish with the HP I want a full break down off the list of charges. And I will challenge them in court if I have to.

[Parkvale]

jj and bump. If the H P firm are regulated by the FSA. (Financial Services Authority) They would be putting themselves in a very ackward position closing your acount and repossessing your car. You would have immediate redress through the Financial Ombusman. Who would not look very lightly at such underhand methods. Who is the HP firm ?

[jjandbump]

If you have please please let me know what i have been sold a dud car and getting ripped off big time and wondered if i am the only one that has had problems with either these companies

[jjandbump]

I am hoping someone can help me,

 

I am in arrears with car HP, we have had person after peron make arrangements to pay and then they we get approched by others.

 

I wrote to the bank of scotland saying that we want to sort this out, as agreed with thier agent (doorstep) we would pay the normal amount every month £160.00 and also an additional £100.00. So £260.00 a month.

 

In june we had some money troubles they credited some chages, this covered the normal £160.00. So on the 08th August i sent a letter saying we are disapointed that they had been so inconsistant and we didmt know bank draft for £360.00 saying that this was for the monies as detailed, £160.00 payment, July and augusts £100.00 payments and the august payment of 160.00.

 

So we are upto date.

 

I wrote in the letter the cashing of this cheque confirms your acceptance of us carrying on for 5 months like this until we are clear of arrears.

 

They have cashed the cheque but we are now told by them this is tough and they want all the arrears cleared they have insurtuced a company to recover the car.

 

We have paid 3/4 of the money under the agreement and know they cant just come and take the car needs to go to court. But would the letter i sent. (which i have a copy of - and it was sent recorded delivery and cashed) mean nothing.

 

It does say that "we will take your cashing of this cheque as confirmation that you agree to the above".

 

Help and advise would be appreciated

[jjandbump]

I am hoping someone can help me,

 

I am in arrears with car HP, we have had person after peron make arrangements to pay and then they we get approched by others.

 

I wrote to the bank of scotland saying that we want to sort this out, as agreed with thier agent (doorstep) we would pay the normal amount every month £160.00 and also an additional £100.00. So £260.00 a month.

 

In june we had some money troubles they credited some chages, this covered the normal £160.00. So on the 08th August i sent a letter saying we are disapointed that they had been so inconsistant and we didmt know bank draft for £360.00 saying that this was for the monies as detailed, £160.00 payment, July and augusts £100.00 payments and the august payment of 160.00.

 

So we are upto date.

 

I wrote in the letter the cashing of this cheque confirms your acceptance of us carrying on for 5 months like this until we are clear of arrears.

 

They have cashed the cheque but we are now told by them this is tough and they want all the arrears cleared they have insurtuced a company to recover the car.

 

We have paid 3/4 of the money under the agreement and know they cant just come and take the car needs to go to court. But would the letter i sent. (which i have a copy of - and it was sent recorded delivery and cashed) mean nothing.

 

It does say that "we will take your cashing of this cheque as confirmation that you agree to the above".

 

Help and advise would be appreciated

[raydetinu]

They need a court order to reposses, so keep paying and fight your corner in court, as you have nearly completed the payments Judge etc will be sympathetic and may agree to revised payments.

[Conniff]

If they take your car back now, they will have to return every penny you have paid them unless as Ray says, they get a court order.

 

If you have paid a third of the total price of the goods under a HP agreement then the creditor cannot take the goods back without first getting a court order. Even if they apply for a court order you can ask the court to suspend the "Return Order" and accept your offer to pay the outstanding amounts by instalments.

If you agree that they can have the goods back they will not need a court order. If you do not agree and the creditor has not got a court order, but takes the goods back anyway you can sue the creditor and claim back all the money you have paid under the agreement. The creditor cannot enter your premises to repossess the goods without your permission or without a court order.

[battyboimatt]

Hi,

 

Im sure I have read else where, ill try and look it up, that just because you wrote this and they cashed it, it isnt legally binding because they havnt agreed and most of the time cheques are just bulk processed, ill try and look up where I read it