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Forcing voluntary surrender due to 3 missed

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  • Forcing voluntary surrender due to 3 missed

    My fiancee is being forced to hand back her car after 1 phone call stating she has missed 3 payments ?
    This was an over view but she has not received any letters stating she fell behind with payments and has offered to pay in full which is only £474 but the girl on phone at the finance company said she had terminated the finance agreement and was now with the recovery agents so she wouldn't take any payment ????????,
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  • #2
    What company is the finance with ?
    The only indication is this single phonecall?
    No emails, letters etc?
    When did she take out the finance and does she have a copy of the agreement?
    Presumably first thing she did was check her bank statements to see if the payments had gone out? How was she paying?
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    • #3
      Originally posted by Guest View Post
      My fiancee is being forced to hand back her car after 1 phone call stating she has missed 3 payments ?
      This was an over view but she has not received any letters stating she fell behind with payments and has offered to pay in full which is only £474 but the girl on phone at the finance company said she had terminated the finance agreement and was now with the recovery agents so she wouldn't take any payment ????????,
      It would be interesting to see how they claim the agreement was terminated, If they are claiming she breached the contract then one would expect a default notice to be served

      Secondly, how many payments has she made, and what was the amount to pay under the agreement as they may be barred from repossessing the car without a court order
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

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      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

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