Please Help Me. RE Close Motor Finance Ltd

chloe1makeup

This is my story in Jan 2010 I purchased a second hand car on finance, My self and my husband at that time had held full time jobs for a number of years and I even put down a cash deposit of £1OOO.OO. The monthly payment for the car was £118.oo per month. In dec this year my husband became redundant and due to cut backs my job was reduced from full time to part time. I rang the company Close Motor Finance Ltd and informed them of our situation and that I would not be able to pay that month, but will be able to pay next month both payments. the lady on the phone said that that was ok and providing I keep them informed it would be ok. I then had to cancel my direct debit as I had to with all my finances and informed them I would pay by cheque as I had to sort out my accounts. I was also informed that I would be sent mail and that they couldn't prevent any action, however because I was in communication with them I would be ok. I have compiled all my paperwork and there is nothing on there paperwork to say they would repossess my car. On Sunday 23rd Jan they sent there heavies to come and repossess my car, I could not get in touch with any one and the whole thing was very distressing to all my family. Prior to this I had e-mailed the company to explain that I would be paying my payment by cheque on 28th Jan which is my pay day. I think they just decided to take my car because I am only 40.00 off paying a third off my car and then they would not be able to repossess my vehicle without going to court to get a repossession order. Not only have they taken my car which I worked hard for and would of continued to work hard for but I cannot get to my job without it so they have destroyed my livelihood, had I had not bothered to make any attempt to sort out this situation I would have deserved to lose my car but 1 payment i feel robbed they will now sell it and have taken my money with it. I really need help and advice on this because this cannot be legal.

standupguy

We need to see if they followed the rules and regulations to the letter because if this was a wrongful repossession you would be entitled to receive back all of the money you have paid under the agreement - so you need to dig out all of your documents and correspondence received.

Firstly, have a look at the notice of default that they sent you: -
1. What is the date sent on the NOD?
2. What date was it received by you?
3. What is the date you are given until and how much was the default for?
4. What was the date the car was repossessed?
5. Did you receive any other correspondence or contact of any kind between the date the nod was received by you and the date of expiry of the NOD and if so please give details
6. On the NOD what is the amount paid to date and do you agree with that figure from your records and what is the amount required to pay one third HP price?

7. Where was the car parked when repossession took place and did you give them permission to take the car?

8. Which branch are you dealing with?

9. How many months payments were you in arrears at the time of repossession?

10. Did you get the persons name who said it would be alright and make a note of the date of that conversation?

They have to comply with CCA regulations and sometimes when it gets close to a third, Finance companies may just take a chance knowing that the average customer will not know their rights under these circumstances

chloe1makeup

hi i received a nod on 29th dec 2011
received after xmas
to be paid by 14th jan 11 arrears 118.94
repossessed sun 23rd jan 11
no ,did not get a termination letter until the day they took my car and it was a photocopy
paid to date is correct amount 2189.40
parked outside my house, no i didnt give them permission they rang the police and i had to hand my key over to them
i think it was emma and it was mon 24th jan 11

standupguy

chloe1makeup wrote: »

hi i received a nod on 29th dec 2011
received after xmas
to be paid by 14th jan 11 arrears 118.94
repossessed sun 23rd jan 11
no ,did not get a termination letter until the day they took my car and it was a photocopy
paid to date is correct amount 2189.40
parked outside my house, no i didnt give them permission they rang the police and i had to hand my key over to them
i think it was emma and it was mon 24th jan 11

ok, just to be clear then

The car was taken from the road and not your drive?

You did not receive any contact from CMF between the date the nod was sent and the date the nod expired?

You were only one payment in arrears at the time the nod was issued?

The date you mention you spoke to CMF was the day after the car was repossessed yet you say originally that they agreed to your plan to pay prior to this? What was that date and did you ring them or did they ring you?

Details are important in these circumstances

chloe1makeup

Hi there, yes the car was on the road
no, no contact
yes one payment
i rang them originally about 14th dec
hope this is helpful cheers

standupguy

chloe1makeup wrote: »

Hi there, yes the car was on the road
no, no contact
yes one payment
i rang them originally about 14th dec
hope this is helpful cheers

Ok, from what you say it appears CCA procedures were followed.

It is up to you whether you decide to take this further or just put down to experience and move on.

If you decide you want to pursue this further you can with no cost to yourself other than your time and writing two or three letters.

The areas that you can complain about include: -
1. Being treated unfairly with an NOD being sent only a few days after the payment was due - you could argue that this was an arrears situation not one of default
2. a complaint under the unfair relationship clauses in the CCA act - this is where they have used the terms of the agreement to send an NOD after the payment had just fallen due and just before the third rule clicks in it gives them an unfair advantage
3. Treated unfairly as the clerk said your proposal to pay would be ok - only to find that it wasn't later.

Firstly you should write to CMF and request a SAR under the data protection act - you should ask for a copy of all of the notes both on the computer system and manually in your file and also a full and complete statement of account.

This may well give you the evidence you need to justify being treated unfairly. (It is also surprising what staff write in the notes which again you may be able to use to your advantage).

Subject access request (Data Protection Act)
Under the Data Protection Act, individuals can ask to see the information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data.
A subject access request must be made in writing and must be accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary, particularly if the information requested is for health or educational records. If a subject access request is made to a credit reference agency for financial information (ie a credit file), then the fee is £2, and the information must be provided within seven working days. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information.
A reply must be received within 40 days as long as the necessary fee has been paid. A data controller should act promptly in requesting the fee or any further information necessary to fulfil the request. If a data controller is not processing personal information of which this individual is the data subject, the data controller must reply saying so.



Once you have the notes and your full statement of account you can inspect them with a view to show examples including dates etc of you being unfairly treated.

Once armed with the knowledge, time to make an official complaint to the Businesss in writing (addressed to the Legal and Compliance manager at their Head Office ) making clear that the complaint should be treated under the FSA guidelines and that you are prepared to take the matter to the Financial Ombudsman service if your complaint cannot be resolved.

Once you have received a final response back, if you are not happy you can take the matter to FOS at no cost to yourself.

Treating customers unfairly is a guideline principle that the FSA and FOS take very seriously.

At best you could get a full refund of all monies paid under the agreement including your original deposit.

At worst you get nothing and the complaint is rejected by the Business and upheld by FOS.

The whole matter could take up to a year to resolve if it went to the final conclusion with FOS - up to 40 days to get the SAR - then up to 8 weeks waiting for a final decision on your complaint by the business - then six months or so for FOS to make a decison

So, as mentioned earlier, it is your decision whether to persue or just walk away?

jord_em

I know this may be sorted by now, but I am taking CMF to court and wondered if I could quote your cases in court. They have tried to repo my car and issued me a defualt notice I did not recieve. However I phoned to pay the payment four days after the default (there saying they issued had expired) and they had already terminated the agreement. Then someone showed up on my doorstep an hour later!!
If the accept my payment I have paid over a third. Im not playing ball with this company and they cant treat people this way. I have hired a solicitor and am applying that they must change there late payment process and offer client some form of consideration. Thanks