Are collectors who deal with HP loans classed with same rights as unsecured debts?

youareallhelpingme

Sorry for long title but I had agreement with finance company to pay 3 increased payments for Jan, Feb and March to clear 1 months arrears plus charges, then pay normal for April and May, with final payment due in June anyway.

I couldnt make full payment for end of Feb as have cleared Council Tax, Electricity and water, but my part payment has crossed with a letter from a repossessions specialist who has wrong monthly payment date and current arrears as 2 months not 1 (they have payment date as 9th so their records show both Feb and March outstanding which is not correct). Total owed to clear finance is £905.00 but cant get lump sum.

Their website looks flashy (digital cameras etc) and they arent far fom us so bit worried they will turn up. They want tel call from us but I only want to write, is that OK? Also I can enclose a cheque dated tomorrow for next part and final 3rd of feb payment dated 23rd March so would then be back up to date until 28th March when i can make payment again. Should I send payments to finance company or debt company?

As we only have 4 full months plus 1 part month left what rights do they have? Are they no different than a Double Glazing Salesman?

This has really knocked my confidence, sorry for waffle - hope someone can help as need to post letter tomorrow.

Me x

youareallhelpingme

Help anyone??

youareallhelpingme

I have sent letter but need to know what rights they have or dont have so I am ready for them

RAS

Hi

You need to talk to one of the debt charities.

The debt is secured on the car and it does not belong to you untill all payments are recieved.

youareallhelpingme

Tried CCCS today but held for ages and didnt get through.

I was only part of a month behind and I have sent chqs for rest of month off today. Just wanted to know if they can come on property etc as got confusing info from web searches.

The last 4 payments left will be met ok, just a bit of a mess up with the DCA having incorrect info, do they have to give reasonable time from their initial letter to receive a response from us? They gave 48hrs by phone, but written 1st class today.

Thanks, Me x

youareallhelpingme

Sorry RAS, rushed on my last post,

The finance company have only issued Notice of Arrears in Jan 2009, dated after the revised agreement. Looking at the figures I think they have allowed a revised payment date but the computer is still set to the original payment date, hence the mix up in how many months are currently due. They have not advised that they were referring to a DCA, or issued a default notice. We are in the last 5 months of a 60 month HP. The car is now only worth about £500 anyway due to high mileage and rust!

I have sent the balance of this months payment 1st class today to the finance company together with copy of letter from DCA showing incorrect date and amount. I have also then sent a letter to the DCA enc the revised offer letter from Jan, and also the letter I sent to the finance company earlier this week explaining the late and split payment this month.

Basically, as soon as the cheques are cleared we are up to date anyway. They wrote on 11th March 2009 1st class. What I need to clarify is the OFT guideline for how long they give us to respond to their first letter before taking further action. I am hoping that there will be time for them and the finance co to receive the letters. I know we can make the remainder of the payments on schedule and poss even clear quicker now other priority debts are cleared.

Do you think they should be allowing 7 days from the date of their letter to allow for posting delays etc?

Thanks, Me x

natters_2

Have you still got your HP agreement? Ours has a bit in in in about payments and at what percentage of payments made means if you get into arrears they will not take car back (I can't remember if it is 1 or 2 thirds of payments)- if yours is similar you are already past both of those points and I don't understand why they are seeking to repossess the car - the collections agent already has the wrong information as to what is or isn't owing - make a payment to the original creditor asap - this will then mess up the paperwork - make another payment as soon as you can to the original creditor - this will then further mess up the paperwork, and by the time everyone gets their act together you will have paid it off. (this is what I would do if I was as close as you are to finishing the payments) make allowances for extra late payment charges - check what the balance is when you make your final payment.

youareallhelpingme

I do wonder if this is just to scare as we are so close to the end. We do have the same in our agreement so they would have to go to court.

At the moment they have not directly put repossession in a letter but that is all they do for finance companies. The initial letter just says call as we owe x amount to give them tel number or work address. They have added 15% charges based on the arrears which makes the charges incorrect too - Based on the part payment that was actually due at the time they wrote they would have got less than £20!

I am just woried that they will visit this weekend which would have only given us a few days to have got the letter, and we have family visiting. When you google them they dont come up on any of the forums as a problem DCA so fingers crossed they are running to OFT regs

Me x

youareallhelpingme

Well they didnt visit at the weekend but still not sure if they will turn up. I did a lot more internet research over the weekend as suprisingly little facts on MSE.

General facts:
As long as the car is on private land they cant take it without a court order. People hide cars in other streets which aren't private land - DCA's look around and take them - perfectly legal!
Over a certain % of payments they also have to have a court order.
A car can be repossed with just 2 payments in arrears :eek: .

Hence my letter, they had me listed as 2 payments in arrears - not as less than the full amount of 1 payment. Just goes to show that if their paper work is not in order it can cause unnecessary problems and stress.

I am now in my "angry" stage as they made me spend a weekend worried whenever somebody walked by. I specifically sent one cheque from an internet bank account so I could watch when it comes out and it was cashed yesterday so they must have had the letters on Saturday or Monday for banking. Just waiting for the last part payment to clear (dated 23rd March) and it will be fully up to date.

Next payment is due on 28th March. 4 payments to go then my little heap of rust is mine, all mine :rolleyes:

Me x