VW auctioned off my car in 2017...should they have paid me the surplus money?

Bossofmoney

Clearing up my situation the last week or so. Had debts all over the place, they've actually come down alot.
Anyway I have found old paperwork and emails to match. My car was purchased on HP. I paid over half of the agreement then losing my 75k a year job meant this car had to go and i bought a "banger". It defaulted then I handed this back to VW.

They sent me calculations showing the car sold at auction for X amount. Minus the costs of taking it away, admin etc then clearing the balance due.

£3k was the surplus after all costs accounted for. I have an email stating this would be in my account 3-5 days. 

I never received this. I was in a mess at the time, head buried in the sand, between relationships and properties etc. 

I no longer live at the address I had the car at, nor do I use the same bank I had the account with that payments were taken from/meant to have the surplus money paid back into.
Anyway this is from 2017.I have sent VW all the info and proof I have. What's the chances of me getting this money back? What can I do if they refuse? I literally have proof it is due but no proof it is paid yet also no proof it hasn't been paid as how do i prove that?

Any advice/pointers appreciated. Sent them more personal info today so they can verify me for security. Not getting my hopes up but Id rather its in my account than theirs if it is due....

[Deleted User]

All you can do at this stage is see what they come back with.  It may be simpler than you think.

Bossofmoney

Just wondered if anyone had been in this situation. For a company the size of VW I'd have expected to receive it. Just a waiting game for a response (again) since a lot of their customer services staff seem to be on furlough still so speaking to someone on the phone seems near impossible. Easier to have it in writing too I guess.

Shakin_Steve

I'll bet their sales people aren't on furlough. These companies, rather than being sympathetic, seem to be using the virus to their advantage.

Thrugelmir

Did your old bankers swallow up the funds? 

pramsay13

If you are owed the money simply make a claim for it. 
If VW aren't playing ball make a small claims online.
You have up to 5 or 6 years to claim depending on where you live.
If they have paid it they will produce proof and settle the matter.

macman

Thrugelmir's explanation is the most likely, if you owed money to the bank where the balance was due to be sent.

Edi81

remember its VWFS that you need to deal with not VW the car sellers.

Tammykitty

Legally if they never paid, they still owe you the money for 6 years from the date the debt was first incurred.
If they paid it they should have the payment details still.
As said above it may be possible the bank used the money to cover debts before you ever seen it - but it should have been on a bank statement anyway!

upsidedownpancake

Tammykitty said:

Legally if they never paid, they still owe you the money for 6 years from the date the debt was first incurred.
If they paid it they should have the payment details still.
As said above it may be possible the bank used the money to cover debts before you ever seen it - but it should have been on a bank statement anyway!

Only if the OP informed them of their change of address, which lets face it, isn't likely.

Bossofmoney

Nope, the bank didn’t keep it(as far as I know) as I never had any debts at all with them bar a mortgage which was always up to date and cleared off not long after this after selling up with the equity being paid into the same account. 

Withdrew the money then closed the account. Customer service was horrendous. We were forever getting calls about remortgaging even though we had a 5 year fix with them. 

Calls about home and building insurance etc too. 

Not looking forward to dealing with them again if I can help it. I’m hoping VW admit their mistake and pay it. 

All mail was redirected from the property so even if I hadn’t changed my address with them, I should still have received the paperwork.