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Car Finance Arrears - Advice Needed

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  • Car Finance Arrears - Advice Needed

    I bought my current car in 2022 with finance provided by Startline Motor Finance. At the time I paid 50% of the car price up front, so only had the remaining 50% on finance. About a year ago I started to struggle with the payments and so I've been 3 months in arrears for around 8 months.

    I have been in constant contact with Startline and despite getting constant emails and messages telling me to contact them, whenever I do contact them they tell me that I don't need to keep ringing them and that the emails/messages are automated due to the arrears.

    On two occasions now, the account has been passed to their repossession company who claim they are just being asked to get me to contact them, rather than actually repossess the car, but when I spoke to Startline on both occasions, they tell me the account was sent to the repo company 'in error' and has been recalled. Isn't that nice of them?

    The emails I usually receive are along the lines of

    We would like to get in touch and discuss some important business with you regarding your Agreement.

    Please can you call our offices today on 0141 483 2270 to discuss further. Our offices are open from 8am until 8pm on Monday and Friday and 9am until 6pm on Saturday and Sunday.

    Please note, we also have online payment facilities. For more information, please visit [link to account portal]
    I also get the following emails, which despite it saying I have missed another payment, this isn't true and they know it's not true as I have been making the contractual payments for months now.

    We previously terminated your car finance agreement with us. As a concession we allowed you to continue to use the vehicle provided you continued to meet all payments as they became due.

    Unfortunately, you have now missed a payment and we need you to contact us urgently to avoid further action, including us taking steps to repossess the vehicle.
    Each time I have reached out to Startline, they have agreed that I can continue making the contractual payments and when my situation improved clear the arrears, however, they have been getting much more agressive lately and I received this email this morning

    I have attempted to contact you today on xxxxx, but I was unable to reach you.

    We had expected to hear from you yesterday, however this matter remains unresolved.

    Due to the level of arrears, you are in breach of contract & this finance agreement has been terminated. Startline have been making a significant effort to resolve this matter with you but so far, have been unsuccessful.

    Startline have now revoked your right to retain possession of their vehicle.

    Legal action will be taken to recover this vehicle from you & failure to comply will result in this vehicle being reported as stolen. A fraud marker may be recorded with the relevant credit reference agencies.

    There are some options available to you at this stage & to explore any other avenues we need to fully understand your circumstances. Time is of the essence & it is essential we hear from you imminently.

    Please contact us as a matter of urgency on 0141 483 2270.
    Now, my query comes from the following...

    I am fully aware that I have got myself into a mess in not being able to make the payments that were missed, however, I have paid way over 50% of the total amount on the finance agreement (actually closer to 80%) so I know they need to apply for a court order to repossess the car.

    However, the terms of the finance agreement state that they cannot apply for a court order unless I am more than 3 months in arrears which I'm not.

    I have responded to them as such and have told them I will be able to clear the arrears on the account by the end of the year, but is there anything else I can/should be doing?

    They have, not once, told me in writing how much is left to pay on the agreement, even when they email to say they've terminated the agreement they are only asking for the arrears to be paid. I've also not been able to log into my account on their customer portal for 2+ years as every time I try it tells me that my information doesn't match the information they hold.
    Tags: None

  • #2
    When you write to them you can include / quote the relevant parts of the FCA's Handbook.
    No doubt they will take note of your communications.

    https://handbook.fca.org.uk/handbook...?timeline=true

    Comment

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