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MotoNova Finance / CCA

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  • MotoNova Finance / CCA

    Looking for some insight into an issue with an account with the above company.
    I had a 3-year agreement with a ballon, the vehicle was returned inline with the agreement and Moto Nova took the balloon payment as well as the vehicle. The ballon was substantial (£15K) 20th Dec 2019 and put me into an unarranged overdraft and meant I couldn't pay bills on time.

    I complained about this and there was no admission to error but they offered £300 compensation and paid it into my account before I accepted the offer. I responded to the final complaint but had no official response only a message left that they called (28th Feb 2020). As part of the final response, I was told there was an outstanding liability for going over the pre-agreed millage of circa £2000 at this point.

    Between the 24th March and 20th July, I wasn't at my property due to shielding with a vulnerable family member, however, during this time. Moto Nova sent me 2 letters on the same date stating the outstanding amount and that if it was not paid, it would be passed to a debt collections agency. No mention of defaults or implications to my credit file etc. The letter however detailed a registration number that was not known to me.

    Upon my return to my property, I responded to the letter stating it had incorrect details and was told they would look into this and confirm the amount was in relation to the vehicle, as the amount was different I wasn't prepared to pay it, at this point I was also prepared to pay the outstanding as felt my original complaint was not going to get looked into.

    In August 2020 I had an alert from Experian to say a default had been registered on my account from MotoNova. Previously to this, my payment history had been 100% clear with this company with no missed payments for the duration of the agreement. I immediately lodged another complaint, the outcome of this is they will not remove the default, they do not need to issue a default notice and I knew about the outstanding liability. They apologies for the admin error in regards to the registration number, incidentally they headed the final response with the wrong number again! They have now passed the debt back to the collections agency and I have two months defaults on the account.

    The knock-on effects to this situation mean I've now been declined for the mortgage I had been approved for in principle and we look to be losing a house and other costs as a direct result from this.

    MotoNova stated on a recorded call that they do not need to issue default notices. They also wouldn't take into account my query for an amount they requested having the wrong details on the letter.

    Where do I go from here?

    Tags: None

  • #2
    The logical step would be to start looking at legal proceedings for breach of data protection by filing that default on your credit file. Contract has been terminated and therefore recording a default post-termination means they have inaccurately recorded your data, not to mention that the guidance says defaults should not be filed for fees, charges or damages for breach of contract.

    I'm also not sure whether they can simply record a default without giving notice, the reason being that filing a default is indicative of you behind behind on your credit payments (which we have established is not the case since the agreement is terminated). If they didn't send out a default notice, then arguably, they could be in breach of the guidance around filing notices with credit reference agencies.

    Just to clarify, have they filed two defaults in two consecutive months?

    You can try the FOS but you may either have to wait a long time and not get a decision you need but of course your credit file will be impacted all the while. I really think the only way to get real recourse is to go down the legal proceedings route but that depends on your level of confidence of going to court, understanding what you are going to argue and ultimately prepared to go all the way should the matter not be settled.

    I reckon you've got a decent chance of success and claim compensation provided you are prepared to put the work in. I'm happy to assist where I can but the choice is yours.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
    - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

    Comment


    • #3
      Thanks for your response Rob. I wanted to make sure before proceeding that I was misunderstanding the situation. It seems I do.

      In answer to your point. No, the default is recorded against the original contract. So in my file, I have 36 months of Paid markers and now 2 Months in default. Incidentally, they marked the £2K amount from Jan 2020 to July 2020 as paid. However, in their final response, they state "my credit file is a true reflection of payments made"

      Who do I use for legal representation on this? It's the default I'm most concerned about at this stage as it has much larger implications

      Comment


      • #4
        The 2k relates to damages for breach of contract and is not the intended purpose of reporting on your credit file. Its there for others to determine your creditworthiness and not what disputes you might have contractually - which is another point to are in that the 2k is disputed and so not an actual fact that it is owed.

        Anyway, you can either go it alone or get some legal representation at a cost. Maybe you can contact pt2537 and see what he can do or at least give some options.
        If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
        - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
        LEGAL DISCLAIMER
        Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

        Comment

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