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Hi, I could do with a little advice please, my partner and I took out a PCP with MBFS in 2008, the agreement was due to end on Dec 25th 2013, we had a few difficulties and accrued no more than 3 months arrears in 2012 when I was diagnosed with cancer, we made up the arrears and continued to make payments for the car despite being past the half way point as our intention was to make the final payment and take ownership, this was not possible as money that we were waiting to receive had not arrived, at the end of the agreement there were 2 payments outstanding (£821) and the final payment (£9350), I advised MBFS that I was waiting for the money to arrive and they agreed to hold off on any action due to the situation, I started to make plans to remove the cherished plate from the car in case it had to go back.
MBFS then advised me that they had terminated the agreement (after the agreement had matured) and I was now responsible for any shortfall when the car was sold on and they passed the files to Anglia to arrange collection of the car, I advised them that the car could go nowhere until the paperwork was received for the plate transfer but they kept phoning and writing, Blake Lapthorn then got involved and I explained to them that under the CCa 1974 they needed a court order to repossess it and also the reasons behind the arrears etc, they spoke to MBFS who then agreed to take the car back as per the original agreement and I would not be liable for the shortfall as long as I made the car available by a certain date and paid the arrears by a certain date, I made the car available but could not pay the arrears by the date they set ( the car had already been collected) Blake Lapthorn then told me that I owed £1500 after the sale of the car with no explanation as to where the new figure had come from but if I didn't pay within 2 weeks they would start court proceedings to recover the new amount, when I didn't respond they sent me a new letter saying that MBFS wanted to help by offering me discounts to settle of up to 60% if I settle within 28 days ( £300 less than the arrears were in the 1st place ) and up to 20% if I wanted to spread the cost over 12 months! when I queried that they have never even given me a breakdown of these new charges ( the car was in mint condition and had only covered 38,000 miles where the contract allowed for 74,000) they duly sent them to me and it was auction charges and commission etc, the car actually sold for more than the CAP average price.
My real question is this, I have signed nothing to say that I am returning the car only a couple of emails and the condition report when Anglia collected it, now I am wondering if they have broken the CCA and unlawfully taken possession of the vehicle without a court order and if I am entitled to the return of all the money that I have paid under the agreement.
Thanks for taking the time to read this.
Ian.
MBFS then advised me that they had terminated the agreement (after the agreement had matured) and I was now responsible for any shortfall when the car was sold on and they passed the files to Anglia to arrange collection of the car, I advised them that the car could go nowhere until the paperwork was received for the plate transfer but they kept phoning and writing, Blake Lapthorn then got involved and I explained to them that under the CCa 1974 they needed a court order to repossess it and also the reasons behind the arrears etc, they spoke to MBFS who then agreed to take the car back as per the original agreement and I would not be liable for the shortfall as long as I made the car available by a certain date and paid the arrears by a certain date, I made the car available but could not pay the arrears by the date they set ( the car had already been collected) Blake Lapthorn then told me that I owed £1500 after the sale of the car with no explanation as to where the new figure had come from but if I didn't pay within 2 weeks they would start court proceedings to recover the new amount, when I didn't respond they sent me a new letter saying that MBFS wanted to help by offering me discounts to settle of up to 60% if I settle within 28 days ( £300 less than the arrears were in the 1st place ) and up to 20% if I wanted to spread the cost over 12 months! when I queried that they have never even given me a breakdown of these new charges ( the car was in mint condition and had only covered 38,000 miles where the contract allowed for 74,000) they duly sent them to me and it was auction charges and commission etc, the car actually sold for more than the CAP average price.
My real question is this, I have signed nothing to say that I am returning the car only a couple of emails and the condition report when Anglia collected it, now I am wondering if they have broken the CCA and unlawfully taken possession of the vehicle without a court order and if I am entitled to the return of all the money that I have paid under the agreement.
Thanks for taking the time to read this.
Ian.
