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Car finance disaster

I am looking for some help & guidance. In September I bought a new car, valued at £3500.00 on finance through a local garage. The garage do their own finance through a company called Finance U. I put in my old car as part-ex £500 and financed the rest. The payments were 116.00 per month. When all details were sent through to me the payments had risen to £136.00. I queried this and they stated that it was over 3 years not 4 and it would be a hassle to change it. I agreed. The first payment was £236.00 which I didn't realise included a £100.00 admin fee. This was above what I could afford and the payment did not go. I fell another payment behind as I couldn't afford the extra payment and the car was reposed. I have since received a letter advising that the car was sold at auction for £1800.00 and I now owe them the outstanding finance minus £1800.00, this is £4200.00, for a car I do not have anymore. This certainly isn't fair. Can any one give me help? I am at a lost and they are now threatening to take me to court and tell my employers.

Thanks.

Comments

  • gaz_jones
    gaz_jones Posts: 5,179 Forumite
    I hate to say it but when you signed the contract you must have realised what would happen if you missed payments. Did you sign a contract saying you will pay £136 or does your contract state £116 a month? Did the contract mention a £100 admin fee?
    This is my signature. There are many like it, but this one is mine.
  • gaz_jones wrote: »
    I hate to say it but when you signed the contract you must have realised what would happen if you missed payments. Did you sign a contract saying you will pay £136 or does your contract state £116 a month? Did the contract mention a £100 admin fee?


    I didn't read the contract but yes it was all detailed.
  • naijapower
    naijapower Posts: 1,393 Forumite
    Surely, you ought to have read the contract. No one else to blame.
    Also, you should have insisted on your original 4 year term if this was what you could afford. Now it all seems messy
  • gaz_jones
    gaz_jones Posts: 5,179 Forumite
    toonboy69 wrote: »
    I didn't read the contract but yes it was all detailed.


    Well there's your problem. If you signed a finance contract without reading it then I have no sympathy for you getting yoruself in debt.
    This is my signature. There are many like it, but this one is mine.
  • toonboy69 wrote: »
    I didn't read the contract

    This is not a promising start but can you tell me what the contract says the APR is on your loan
    ...............................I have put my clock back....... Kcolc ym
  • gaz_jones wrote: »
    I have no sympathy for you getting yoruself in £1800 pounds debt.

    I think the debt is £4200 -£1800 = £2400
    ...............................I have put my clock back....... Kcolc ym
  • Assuming the loan was £3000 I make the interest rate charged about 41%.

    If there was a compulsory arrangement fee then that would result in a APR higher than 41%
    ...............................I have put my clock back....... Kcolc ym
  • gaz_jones
    gaz_jones Posts: 5,179 Forumite
    Actually reading over it, it looks as if: £3500 is original price of car. Minus £500 for the part ex of his, minus £1800 which it went for at auction which in my mind leaves £1200 left to be paid. Although as you say there's the APR on top of that aswell so god knows what he actually owes.
    This is my signature. There are many like it, but this one is mine.
  • ricll
    ricll Posts: 115 Forumite
    if he says the finance to be paid is £4200, then the apr was 40% on £3000 (3500-500). So it means now he will be paying 4200-1800=2400 on 40%/apr I guess which is unbelieveable.
  • standupguy
    standupguy Posts: 904 Forumite
    toonboy69 wrote: »
    I am looking for some help & guidance. In September I bought a new car, valued at £3500.00 on finance through a local garage. The garage do their own finance through a company called Finance U. I put in my old car as part-ex £500 and financed the rest. The payments were 116.00 per month. When all details were sent through to me the payments had risen to £136.00. I queried this and they stated that it was over 3 years not 4 and it would be a hassle to change it. I agreed. The first payment was £236.00 which I didn't realise included a £100.00 admin fee. This was above what I could afford and the payment did not go. I fell another payment behind as I couldn't afford the extra payment and the car was reposed. I have since received a letter advising that the car was sold at auction for £1800.00 and I now owe them the outstanding finance minus £1800.00, this is £4200.00, for a car I do not have anymore. This certainly isn't fair. Can any one give me help? I am at a lost and they are now threatening to take me to court and tell my employers.

    Thanks.


    What appears to have happened here is that the Finance company would only accept the deal over a shorter period and it seems the car dealer was not honest enough to give you an opportunity to say no - also it appears the upfront fee was not explained properly.

    Others are quite right in that you should have taken more care with what you were commiting to but the car dealer was not blameless in his greed to get the sale.

    First thing to do is check the paperwork to see that the Finance company have complied with the CCA rules.

    Were you sent a default notice?
    What date was the default notice sent?
    What date was it received?
    What is the amount in arrears on the default notice?
    What was the date the Default notice expired ( the date to pay by)?
    What was the date of repossession?
    Did you have any contact at all from the Finance company between the date you received the default notice and the date of expiry of the default notice and if so on what dates and what type of contact and what was the reason for the contact/what was discussed?

    If CCA rules have not been followed there are things you can do.
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