Owed money from creditor

Rajix

Good evening good people.

I'd like to share a problem I am having with a car finance provider in the hope of some good and sound advice. I need to know what direction to take this issue next

In a nutshell and I can elaborate more if needed.

I bought a car on finance 25 months from a sub prime lender. ( I left the UK for some years and upon my return I had a weak credit score and high street lenders saw me as a risk) I have paid in full every due date and have never missed a payment.

In November 2017 I notified the lender that they are in a state of non-compliance with the Credit Consumer act 77A subsection 2b (6) &(7) " Failure to provide annual statements" and that under 77A they cannot enforce the fixed term credit agreement I signed in 2016. The lender has admitted they are in a state of non--compliance and I have it in writing that they owe me all interest on my loan for a period of 13 months. As this is a sub prime loan it is a considerable amount of money. The lender has written to me every 4 weeks to tell me that they need to extend their response time by 4 weeks. They say they are having difficulties in calculating my reimbursement and calculating the statements due on my account.

I have notified FCA and the FOS as well as the ICO and all firms are in total agreement that the lender is in a state of non-compliance and therefore cannot enforce the agreement. They also agree that I am due a refund of all interest paid on the loan for around 13 months which is the non-compliance period.

Now, to my question. As of today the lender has contacted me to tell me they cannot reach the required calculations and that it will go on for another 4 weeks. What can I do folks? Can I send a Statutory Demand for Payment? am I able to do this as a consumer? If i send the Demand for payment they have 21 days to respond right? if they fail to respond what should I do next? Should I just file against them in small claims court?

I am on the brink of suspending my payments to them as they cannot enforce the credit agreement. They are making a mockery of the Consumer Credit act and Consumer rights.

Any information or advice would be greatly appreciated and valued.

Thanks

[Deleted User]

Don't trash your credit file again by suspending payments.

Either wait for them to finish their calculations or request a deadlock letter and escalate to FOS. Waiting would almost certainly be the quickest option.

Rajix

According to the Commissioners Office they are unable to report me as defaulting while under a state of non-compliance. Any default notice would be a breach of the data protection act....