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Finance company keeps switching off the Car, is that allowed?

Hi All

We purchased a Car in November last year through a finance company for not so great credit. We both have poor credit through a bad mistake 4 years ago so we could only go to one of the bad credit companies. Anyway, at the time our income was steady, my partner is a self employed locksmith and we earnt enough to cover the car payment. Over the past 7 months work has dropped and we are really, really struggling financially.

Our payment is due on the 28th of every month but trying to get paid is a nightmare from the companies we subcontract to, we have to constantly beg but they come the excuses we didn't receive an invoice so we have to wait another 60 days. So, every month our payment to the car is late, we can usually pay it within 7 days but we can never pay it on time.

On the 28th of every month at 3pm if no payment is received the finance company switch the car off. They have switched it off on the slip road of a motorway, in the middle of the road outside a school, in a hospital car park. The last time that switched it off was last month when we was on the way to the hospital because I was in labor. We rang and said I was in labor and they said they would switch it on but back off again once we were at the hospital which they did.

I explain to them every month that they will get payment but it will be in the next few days when we get paid but there is no reasoning with them, the car stays switched off until payment is received so we have to drive everywhere in a van.

My question is, Is this allowed?

I have never heard of a pay as you go car before. I know some will say we shouldn't have had it if we can't afford it but at they time we could, I have asked to give it back but I need to wait another 5 months before I can give it back.

Thanks all
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Comments

  • gb12345
    gb12345 Posts: 3,055 Forumite
    I take it you have signed up for one of these "pay as you go" type finance packages that are aimed at the sub-prime market.

    From a contrtact point of view, yes they can disable the car if you haven't paid as that is what you agreed to.

    However, I would question the legailty of actually disabling a car that is being driven. It's one thing to block the car from starting if the payment hasn't been made, but to actually stop a car in the middle of the road raises all sorts of safety issues - what would have happened if you'd been doing 80 in the fast lane and all of a sudden the car stops.
  • Thanks for the reply.

    When we signed the contract there was never any mention of them disabling the car. All they said was the car is fitted with a tracker, just in case it was to get stolen or we was to disappear with the car they could find it. Never ever was it mentioned that if payment was late they would switch it off. Only a tracker was mentioned.

    I have told them that no one told us the car would be switched off but they said it was in the contract and I should have read it before signing, it was written on page 118 in a single sentence.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    fiona1125 wrote: »
    I have told them that no one told us the car would be switched off but they said it was in the contract and I should have read it before signing, it was written on page 118 in a single sentence.

    Are you exagerating or was the contract really over 118 pages?

    Regardless, you signed the contract, so you agreed to the terms in it.

    Which company was the finance taken with?
  • themull1
    themull1 Posts: 4,299 Forumite
    At least they've told you when it will be switched off, so if you haven't paid by the 28th, you will know at 3.00 that it will be switched off, so shouldn't really be driving it at that time.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    themull1 wrote: »
    At least they've told you when it will be switched off, so if you haven't paid by the 28th, you will know at 3.00 that it will be switched off, so shouldn't really be driving it at that time.

    That is true, but what would have happened if for some reason, which was not the OP's fault (DD failure or similar), the money wasn't collected and they disable the car while the OP is driving along blissfully unaware of any problem. Should the OP just not drive on the 28th of the month in case there is a problem with them receiving the money?

    A car stopping in the fast lane of a motorway for no apparent reason is likely to cause a major accident - who's fault would it be and would the police decide the OP was guilty of dangerous driving?
  • What happens if the unit "accidently" falls off the car? (If you know what I mean?)
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • Am i been really thick here but how can they switch a car off remotley, I've never heard of it before.
  • gb12345
    gb12345 Posts: 3,055 Forumite
    Am i been really thick here but how can they switch a car off remotley, I've never heard of it before.

    Some GPS tracker units will allow the car to be disabled in the event of theft, but I thought they only disabled the ignition to stop the car from being started and not actually killed a moving car.
  • DevCoder
    DevCoder Posts: 3,361 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    It used to be a combined GPS/GSM unit (connected to the ecu) so uses cellular towers, it also just doesnt stop the car when it's in motion but waits until the GPS indicates its been stationary for x time and then disables the ecu.
  • imoneyop
    imoneyop Posts: 970 Forumite
    The payg finance packages i've seen advertised work on the owner being provided with a code each month, which "unlocks" the car for a month.

    Never heard of one that actually stops the car rather than prevent it from starting.
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