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Volantry termination. Tax insurance and finance payments

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  • #16
    Before they were due

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    • #17
      Hi please see attached letter from bmf when I deferred the 3 payments
      Attached Files

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      • #18
        Hi rob please see above

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        • #19
          Hi rob could you advise as weather this is arrears or not I dont feel it is

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          • #20
            I don't think they are due but the letter is not really that clear. It says that the deferral of payments is not a referral but the fact they're not due on their original payment date to me and in fact can be paid by July, August and September 2023, is a variation in itself. They also state that they won't be reporting late payments on your credit file and that the reference to deferral would further imply a variation to the agreement. On top of that, I'm fairly sure that the FCA guidance around that time said that payment holidays would not be considered as being in arrears.

            Not sure how you can say that the terms have not been varied but it would be one for them to argue and take you to court. This is my view of things and it's possible I could be wrong but I haven't really looked into the details and legalities of payment holidays since it's not something that crops up very often.

            It may be worth you writing back to them and mentioning these points then inviting them to explain how these payments are considered arrears.

            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
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            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.

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            • #21
              I have tried to find info on the fca website but have been unable to find any solid info I will write them another letter and see what they say cheers for the reply

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              • #22
                Hi rob they are refusing to close the account what is my next step

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