Car Finance/IRS (Scotland)

tony_cluedo

I currently have a car bought with HP. Im in the building business which isn't great at the minute. I can get work, but getting paid is the problem! Anyway, there's a few grand left owing on the finance. Due to me not getting paid, I haven't paid the last three months. I was due money and explained this to the finance company who said there was nothing they could do and they do re-finance loans. I informed then by phone and letter sent by recorded post that I was due money and this would clear the balance. Again they said they could do nothing. I decided just to not bother paying till I got the money. I now have it and the three months arrears will be paid tomorrow. I am also due another payment fin a couple of months from a reliable business (I've never been paid late by them) which will clear the remaining balance completely. So far so good.

Got a call to the door last Friday night from someone from IRS Scotland about the arrears. They didnt identify themselves, just said it was about the car. I told them it would be paid this week but they said it had to be paid into their bank account with a payment slip she provided. I asked for identification or authority and was shown a laminated sheet authorising her to act for IRS Scotland but nothing specific to me. The arrears were also £200 more than they should have been. I asked about this and was told that that was fees. I asked what for and was told it was because it had been passed to them.

I am going to pay the finance company directly what they are owed. Does anyone know what rights IRS have to the £200? Should there be some sort of authority?

Also, do they have right to call to my door? The visit completely panicked my wife who ended up in tears and we had a fight. These people don't bother me, but if I could deal with them exclusively by letter it would be better for home life.

As I say, I will be clearing it completely in a few months, and I have no other debt, but I'd just like to know where I stand.

Cheers.

tony_cluedo

Just a quick update. I called Volkswagon finance on Monday for an exact figure on the arrears and to pay by debit card. The woman on the phone would not give me it or allow me to pay. She said that it had been passed to an agency. I told her that I had not been informed of this and she said I had. I re-read the letters I got and the only thing I could see was 'take further action to recover debt'. I informed them that I would only be paying Volkswagon as I had not been informed of exact details of any outside agent. After I hung up I immediately wrote a letter informing Volkswagon finance that I had not been informed of an outside agent and would not be paying them. I wrote a cheque for 3 months payments and included this. The letter was faxed and posted recorded on Monday afternonn. All well and good. The collection agent has just called at the door, but I was out. My wife and brother were there and she started to tell them that I owe her money for the car, had not paid and she wanted paid now. She did not identify herself or ask who my wife and brother were. My wife said they I was not in and didnt know when I'd be back. She said she had another call in the area and would call back till she got me. I phoned her then to tell her that at no point had I been informed in writing by Volkswagon that an axternal agent had been appointed or that fees would be charged. She kept asking how much I had paid as if it wasnt the full amount she would get a court order to take my car from me. I kept saying that I would not deal with her as she had no authority but she said that she would ring Volkswagon on Monday to ask what I had paid and get the cheque details. The conversation went round and round with her become angry to the point of shouting at me. I remained calm throughout. Are there Data Protection issues here? Firstly she told people she did not know at my door that I owed money and amounts. Secondly she insists she will call my finance company to discuss my account. Surely data protection would prevent this? And in any case, is she not simply a collection agent with no real power other than collecting the money? I'll be phoning Volkswagon in the morning to make a complaint so having the exact Act or law to quote and who I should be complaining to would be great. Any other advice based on above information? As I say, what I owe Volkswagon has been sent, Im just questioning this 'collection fee', plus the woman has got my back up by her threatening behaviour towards my wife. Cheers.

PNPSUKNET

Their would be as they have disclosed the reason to third partys, however hard to prove. With it been that they are acting on volkswagons behalf they will be able to obtain how much you paid them, you will be liable for recovery costs though as per your agreement and they could escalate this

tony_cluedo

Who do I complain to about the breach in Data Protection? Financial Ombudsman or somewhere else?

Any idea of what part of the Data Protectin Act she breached? Always good to sound like you lknow what you are talking about.