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Help required - removing a default which unaware of as notice sent to wrong address!

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  • Help required - removing a default which unaware of as notice sent to wrong address!

    Hi,

    Hoping someone could please advise me on how to remove a default.

    In December 17 I took out a lease agreement for an Audi via a car leasing broker.

    In between the 12 weeks for the car to be built and shipped I changed address.

    I emailed the broker to let them know and asked them to update my records, thinking they would do this as requested twice on email. My new address was where the vehicle was delivered.

    As recently as two weeks ago, I received an automated text from VWFS saying Audi Financial Services would like to discuss the outstanding balance on my account.

    I called back the same day and was informed my account had been cancelled and was £1684 overdue.

    They'd cancelled the contract as for a short period the car was uninsured and breached terms.

    In transpires they've been sending correspondence to address 1 (which I was occupying when ordered the car), not address 2 (which I asked the broker to update for me and to where the car was actually delivered).

    Upon requesting a copy of all correspondence I can see that as of last week they've still been sending letters to address 1 - this is even though I called them up to change address on 1st October.

    Here's a series of events:

    1. March - car delivered to address 2
    2. August 5th - Audi write to address 1 regarding breach of contract (never received it as old address)
    3. August 29th - Audi write to address 1 saying I've repudiated the contract, they accept it and will recover vehicle (never received it as old address)
    4. September 4th - Audi write to address 1 saying I have a late payment due of £1682 (never received it as old address)
    5. October 1st- I called Audi to change my contact details to my most current address (address 3) as I've moved from the flat (address 2). At no point during this call did Audi mention my contract had been cancelled and they were chasing payment.
    6. October 5th - Audi write to address 1 saying I need to bring my account up to date to avoid default action (never received it as old address). This was sent to my old address despite my updating my address on file with Audi directly on 1st October.
    7. January 15 - Audi write to address 1 saying account still overdrawn and needs to be brought up to date (never received it as old address)
    8. January 2 - Audi write to address 1 saying account still overdrawn and needs to be brought up to date (never received it as old address)

    In terms of correspondence I've had / received from Audi it was upon taking the car, updating my details on 1st October then a text saying my account was overdue on 18th Jan.

    Since then I've spoken to finance and recoveries seeing if I could resolve this.

    They said the contract is cancelled - that's fine, I'm happy to settle a cancellation fee.

    My issue is:
    1. They've issued a default notice and to an old address, despite me updating it on 1st October and having written confirmation from Audi admin that this was done
    2. They're saying they're not willing to remove the default on my credit file, despite my pointing out wrote to wrong address and willing to settle overdue fee
    3. I didn't stop making payments, they stopped taking payments. I didn't realise the account was overdue as had direct debit in place and didn't receive a text until 18th Jan. I've never missed a payment knowingly, the direct debit is still in place now.
    4. They've hired a collection company on Jan 22 despite me speaking to them on Jan 21 and offering to return vehicle - this is at a cost to me of £252.50 (no coincidence the day after I speak to Audi they appoint a collection agency despite me offering to drop this, the recoveries person even asked if I had the car)
    5. I've asked for a breakdown of the £1682 i.e. where's the costs come from but they've failed to provide this

    The recoveries team have stated in their email with past correspondence they wrote to the old address due to me only updating my address on 24 January. This is a clear lie and I have an email from Audi admin clearly stating it was changed on 1st October. Can I go back to them / pick them up on this point too?

    Tags: None

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