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Hi All,
I am about to send a letter to The Car Finance Company and just wanted some help in writing it.
Basically, I've had the agreement with them since about June 2013. Everything has been fine, I am up to date and I can afford the payments no problem.
However, a couple of months ago there was an issue with my wages and I was paid late. Normal payments to The Car Finance Company are made by standing order on 1st of each month. I paid the installment via debit card this particular month approximately 10 days later. I was charged a £12 admin charge (which I expected and am ok with), but I was also charged a £50 default fee and was sent a letter threatening me with repossession of the car and all the other threatening debt collection tactics. This I was gobsmacked with as I was only a few days late. When I spoke to them I was met my the most arrogant and rude advisor I have ever come across. He proudly told me that there phone calls are not recorded, that they were not yet regulated and they charged the default fee as a deterrent to stop people missing payments. I was also told that they would not give me the code for the cars immobiliser unless the default fee was paid. This despite paying my normal installment as well as the admin charge.
Anyway, I want to complain to them regarding this default fee as I am sure it would not be legal if challenged in a court. I am basing this on the court cases where banks were told to lower there charges to £12. I know they are not covered by the outcome of this case but it is a similar area. As they say they are not regulated yet, do I complain to them, citing laws,etc and give them chance to reply and do I then send the complaint to the FOS or go to court?
All help will be greatly appreciated.
Thank You
Tony
I am about to send a letter to The Car Finance Company and just wanted some help in writing it.
Basically, I've had the agreement with them since about June 2013. Everything has been fine, I am up to date and I can afford the payments no problem.
However, a couple of months ago there was an issue with my wages and I was paid late. Normal payments to The Car Finance Company are made by standing order on 1st of each month. I paid the installment via debit card this particular month approximately 10 days later. I was charged a £12 admin charge (which I expected and am ok with), but I was also charged a £50 default fee and was sent a letter threatening me with repossession of the car and all the other threatening debt collection tactics. This I was gobsmacked with as I was only a few days late. When I spoke to them I was met my the most arrogant and rude advisor I have ever come across. He proudly told me that there phone calls are not recorded, that they were not yet regulated and they charged the default fee as a deterrent to stop people missing payments. I was also told that they would not give me the code for the cars immobiliser unless the default fee was paid. This despite paying my normal installment as well as the admin charge.
Anyway, I want to complain to them regarding this default fee as I am sure it would not be legal if challenged in a court. I am basing this on the court cases where banks were told to lower there charges to £12. I know they are not covered by the outcome of this case but it is a similar area. As they say they are not regulated yet, do I complain to them, citing laws,etc and give them chance to reply and do I then send the complaint to the FOS or go to court?
All help will be greatly appreciated.
Thank You
Tony
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