The Car Finance company v Me

[pixelbook]

HI All,


If anyone can help me i would appreciate any help as i am new to the forum. If i have missed anything please let me know and i can add it.


I regret my choice but in 2016 i took fiance on a car with a company called the car finance company, this was all fine up until the last few months where my financial circumstances changed. The company offered a deal which was ok considering at the time my personal credit and the limit available.


Last 5 months ago i was made redundant and my ability to make payments on the car changed. I contacted the company straight away to let them know of my personal situation. They asked when i could next make a payment. I Explained that when i :-


1 - Get a new job

2- I mentioned that i may receive a small redundancy payment


They rang me back in two weeks time and i explained i had not got the redundancy payment yet so they immobilised the car (there is a tracker of some sort attached to the car) they would not remove it until payment was made, they would not agree to a small amount the payment had to be the same as the original amount

2 Months had passed and i had a new job and i made contact with them to continue to make payment and repay the debt but they refused to deal with me and told me there solicitors would be in touch. The advisors are due, the hold time is 1 hour to speak to them, they ignore emails. They took no care with my personal circumstances.

During this process i moved the car and had it put into storage the car at the point is untraceable to the company so i have the car still. Today i received a pack in the post with a court claim i have attached some of the pages which i think is relevant.

Statement of liability

Total payable including sums (itemised in paragraph 10) £10089.08
Less amount paid £5410.36
Total £4678.72


Shoosmiths LLP
5-7 The lakes
Northampton
NN4 7SH


Can anyone explain to me where i stand with this issue legally please, any help is greatly needed.

[Amethyst]

Could you post a copy of the agreement too please.

Their particulars state it is an unregulated agreement - which sounds a bit odd being a Hire Purchase Agreement - was it a business agreement? was the car for business use ?

This the company ? -> https://www.thecarfinancecompany.co.uk/

They are a broker, not a lender - presumably they were a lender before they lost their licence, so when you took out your finance they were able to do so.

The firm is not able to enter into any new agreements from 30 September 2017 onwards.

On 31 December 2018 The Car Finance Company (2007) Limited’s interim permission will be varied to remove all regulated activities and cancelled with immediate effect

Also seems you have actually paid over half, so, should have been able to voluntary terminate and return the car without further sums being due, if you wanted to.... but we need to see the agreement. Did you receive notice of termination? and do you have a copy of that too ?

I pointed out that it did not say anything like that under the section of early termination of a finance agreement, I was told that it was in section 14, which was the charges table. I pointed out that the £250 fee was a repossession fee, to which he said the wording is not correct.

[pixelbook]

Thank you for the reply,

I have scanned in the documents and they should be attached below. I Have recived nothing until today, the last communication i had with them was when i offered to continue to pay now i was back in employment.


i took the car from quick car credit who then arranged the fiance though the company that you linked "the car finance company"

Many thanks for your help.

[pixelbook]

additional information

[Amethyst]

I'll look tomorrow properly - thanks for uploading - first thought is that paragraph 4 and 6 of their particulars is rubbish - it is a regulated agreement. Have you the rest of the particulars too ?

[pixelbook]

I'll look tomorrow properly - thanks for uploading - first thought is that paragraph 4 and 6 of their particulars is rubbish - it is a regulated agreement. Have you the rest of the particulars too ?

I have appeared to upload the wrong section, how does that look now. Many thanks

[Amethyst]

Well. Apart from them claiming the agreement isn't regulated by the CCA at all they rely on it a lot.... They did send a default notice according to paragraph 10, but didn't according to paragraph 6. Did you actually receive one ?

Paragraph 4: The Agreement is not regulated by the Consumer Credit Act

Paragraph 6: The Claimant did not send on the Agreement a Default Notice as it was not required in accordance with section 87(1) Consumer Credit Act 1974.

7: Accordingly on 31st July 2018 the Agreement was terminated by a Notice in writing.

Then Paragraph 10;

i) A Default Notice dated 21st June 2018 in accordance with section 87(1) Consumer Credit Act

j) The right to demand delivery of the goods accrued on 8th July 2018 ( 18 days - so that'd be the deadline given in the default notice)
The Agreement was terminated by a Notice in Writing on 31st July 2018.

Are you in a position where you could pay up the arrears, keep the car, and continue with the agreement ?

What outcome do you want ? Keep car/continue payments // settle sum outstanding // give car back

Did you get an Admission form with the court pack btw?

Tagging des8 and R0b ( though I think R0b is away at the moment )

If you have paid more than a third of your debt and the creditor wants to try and get the goods back they may try to get a 'Return Order' from the court. This is to force you to return your goods.

There will be a court hearing first (probably in your local County Court). Before the hearing, the court sends you a 'Claim Form', which gives you the chance to return the goods yourself. They will also send you an 'admission form', which lets you: explain your financial situation and suggest an alternative offer of monthly payments. The court then talks to the creditor to see if they'll accept your terms. If they do, the hearing is cancelled; if not, or if you don't send back the form, the hearing will go ahead.

The court then decides whether or not to enforce the Return Order or 'suspend' it (meaning it will be enforced if you miss another payment later on). If you're allowed to keep your goods, the court will set up your new monthly payments.

If you don't attend the hearing, the judge usually grants the Return Order.

[Amethyst]

It's bugging me why they've said it's not a regulated agreement.

[pixelbook]

Hi thanks for the help again.

They did send a default notice according to paragraph 10, but didn't according to paragraph 6. Did you actually receive one ? No, this is the first and only communication i have ever had with them. I would like to go to court and explain how there was no support and ignored my requests etc.. and was hoping there is something that stops there claim if that is possible.


Are you in a position where you could pay up the arrears, keep the car, and continue with the agreement ?

What outcome do you want ? Keep car/continue payments // settle sum outstanding // give car back

I can pay off some of the areas and i want to continue the payments and pay off the car if this is possible.

Yes i have received an admission pack

[Amethyst]

Ok, you need to complete the admission pack asking for time to pay telling the court exactly what happened - that you offered to pay, kept the company informed throughout and that they didn't come back to you at all. That you didn't receive default or termination notices and the court papers are the first you've received. And that you wish to keep the vehicle and continue the agreement.


When did the admission pack need to be returned by ? ( seems quite close to the hearing now ) and can you post a copy ( I'm not sure it's the same as a standard court defence/admission pack for these return order applications)

[pixelbook]

Good Evening,

I have attached the documents for:-

• Defence and counter claim
• Admission

I understand that i need to explain my circumstances but in which section and is there any way best to word this?

Its so frustrating they are allowed to do this without evidence of the calling me signed for letters etc...

thanks again for all your help.

[pixelbook]

And does this form been to be handwritten. Thankyou.

[tippytoppy]

I had someone representing this company come to my door today, I expleiexp it's through court and they left. Thanks for the help so far.

[tippytoppy]

Any help with this please, I do appreciate it.

[pixelbook]

Hi can anyone help me, I'm.really struggling with this issue, what is my next step!

Many thanks