Alphera want More than the settlement figure quoted

david1976

On 3rd January 2014, I requested a settlement figure from Alphera for the loan on my car as I was trading it in.

The letter was dated 8.1.14 and said the total amount due to settle the agreement was £6930.24 and this was valid between 3.1.14 and 31.1.14

Arnold Clark paid this in full and I also made a monthly payment of £245 on 5.1.14

I got a copy of the settlement figure in writing and this was paid in full by arnold clark plus my monthly payment.

After the settlement was paid, I began to receive letters saying that Alphera had made a mistake and I actually owed them more. (A further months payment plus interest).

Everytime I phone about this, they give me a different reason as to why the money is due.

Where do I stand here as I have it in writing what was due and this has been paid.

I believe from reading this that there is something in the consumer credit act 1974 that says if I paid in good faith what was settled they would have to apply to court to get the rest but am not sure if this is correct or what the actual wording is:

http://www.tradingstandards.gov.uk/cgi-bin/brighton-hove/con1item.cgi?file=*adv0030-1011.txt

Any advice would be gratefully received.

David

Gaz83

What date did Arnold Clark settle with Alphera?

Was there anything in the settlement figure paperwork that mentioned it was only valid assuming no further payments were made? So when you made this payment on the 5th January it effectively 'reset' the settlement figure?

david1976

No, nothing, it is just a letter that says (in bold and underlined) The total amount due to settle the agreement is £6930.24

Alphera claim never to have sent this letter and, unbelievably told me on the phone that Arnold Clark must have made it themselves!

bigadaj

Raise it as a complaint with them and you can then go to the regulator, or at least threaten them with it.

As you say it boils down to what is reasonable and whether you acted in good faith, if their figure had been half of the outstanding amount then you should have realised, as it is only a few percent different then it's their fault and they should be sucking up their own error.