Car Finance arrears

Dean67

My son fell into arrears with his Motonovo finance falling 6 payments in arrears.
In the early hours of this morning his car was clamped outside our house and then around 9am lifted and taken to a compound, we have no paperwork from the company who clamped it other than the notice on the windscreen saying it is illegal to remove the clamp, so no proof that they have taken it and where to which seems very strange to me.

When he contacted Motonovo they told him the only way he could get the car back is to pay the finance off in full along with all costs - just paying the arrears is not enough.
There has been no letter to notify of the car being collected if payments not bought up to date and no paperwork today, I have all the letters received in front of me as I type. my son was at work when it was lifted so couldn't get his belongings .
My questions are - is it correct he has to pay the full amount to get the car back and should the car have been taken without leaving any paperwork?

TadleyBaggie

It's Motonovo's car, so they can pretty much do what they like with it.

DCFC79

Dean67 wrote: »

My son fell into arrears with his Motonovo finance falling 6 payments in arrears.
In the early hours of this morning his car was clamped outside our house and then around 9am lifted and taken to a compound, we have no paperwork from the company who clamped it other than the notice on the windscreen saying it is illegal to remove the clamp, so no proof that they have taken it and where to which seems very strange to me.

When he contacted Motonovo they told him the only way he could get the car back is to pay the finance off in full along with all costs - just paying the arrears is not enough.
There has been no letter to notify of the car being collected if payments not bought up to date and no paperwork today, I have all the letters received in front of me as I type. my son was at work when it was lifted so couldn't get his belongings .
My questions are - is it correct he has to pay the full amount to get the car back and should the car have been taken without leaving any paperwork?

What does the contract say re falling behind on the payments ?

You sure no letter has been received and your son has hidden it or decided to shred it thinking it would go away ?


You sound surprised Motonovo could clamp it and take it away.

Caz3121

has he been communicating with them in the last 6 months regarding the missed payments? arrangements made to cover the arrears?

Bermonia

Caz3121 wrote: »

has he been communicating with them in the last 6 months regarding the missed payments? arrangements made to cover the arrears?

Communicating isn’t the same as paying, too often people say they have missed payments due to whatever reason and will make up, then fail to make the new agreed upon payments. If Motonovo were under the impression that your son had any real intention or ability to repay the loan and clear the arrears then they would unlikely have taken the car.

Dean67

Thanks for the replies, but my post wasn't regarding the arrears or the fact the car has been taken.
I was asking if the car should have been taken without leaving any paperwork to say they had taken it and also if it is correct that to get the car back he has to pay the finance off in full.

Gaz83

Dean67 wrote: »

Thanks for the replies, but my post wasn't regarding the arrears or the fact the car has been taken.
I was asking if the car should have been taken without leaving any paperwork to say they had taken it and also if it is correct that to get the car back he has to pay the finance off in full.

You'd need to look at the terms and conditions of the contract he signed when he took the finance out.

foxy-stoat

If he has breached the terms of the agreement the lender is well within their rights to cancel it and sell the car to recover their money - so paying the balance + fees their have incurred would seem a fair and reasonable way to get the car back.

[Deleted User]

Dean67 wrote: »

Thanks for the replies, but my post wasn't regarding the arrears or the fact the car has been taken.
I was asking if the car should have been taken without leaving any paperwork to say they had taken it and also if it is correct that to get the car back he has to pay the finance off in full.

What kind of finance agreement does your son have PCP or HP? How much has he paid off so far, more than a third or less than a third? Was the car adequately insured?

poppasmurf_bewdley

As far as I'm aware, there's no requirement to leave any notification when a car is repossessed. There will have been notification beforehand about what is going to happen. If your son says he hasn't been informed, then I'm afraid he's probably tellings porkies.

As others have said, the agreement will contain information about what will happen in the event of default.

parking_question_chap

Dean67 wrote: »

Thanks for the replies, but my post wasn't regarding the arrears or the fact the car has been taken.
I was asking if the car should have been taken without leaving any paperwork to say they had taken it and also if it is correct that to get the car back he has to pay the finance off in full.

It should mention what happens in the event of arrears in the original contract. You need to read through it.