GMAC cancelling contract

Enchantedkeepsakes · 19 February 2019 at 6:05PM

My dad passed away 9/8 and I informed GMAC and they sent me a letter 5/9 stating we could either settle the debt, return the car or tf the contract.
I called and said we intending to settle the debt £7500 on the sale of my dads estate as there was no funds available in the bank.
They agreed to this, no dates of how long they would give me was given.
I called again in November as 2 payments were missed and informed them a sale had been agreed and we were hoping by January it would all be completed however the sale fell through but at the end of January a new buyer was secured and it is now proceeding legally. I called last week to make the normal monthly payment and they have now refused the payment and said they are
Cancelling the contract in my late fathers name and they will repossess the car unless we either pay in full or tf the contract.
I was not told of any of this until I made the call to pay. They haven’t even written to me to give me any notice so I can try to sort something out. It’s basically pay in full in 2 weeks or we will repossess a car with £20k for a debt for what is now £5500!
Where do I stand ? Can anybody help ?
None of the other creditors have been like this they are all prepared to wait until the sale completes which we now expect April/may.
They say they have been pretty patient with me yet I’m the one that’s been paying the debt out of my own money and keeping them informed at all times. The last time they contacted me was on 5/9 when they gave the options at no point was I given a timeline for settlement. Its really been upsetting for me under thre circumstances

Enchantedkeepsakes · 19 February 2019 at 6:07PM

I thought I’d add that the payment is currently under 2 months arrears. Can they default or repossess the car if it’s kept under this?
I have there bank details so if they refuse card payment can I send the payment online in which case they would have to accept the payment ?

Comms69 · 19 February 2019 at 6:07PM

Should you be paying this, it's a liability of the estate. Are you executor?

Enchantedkeepsakes1 · 20 February 2019 at 8:51AM

Yes I’m the executor. Vauxhall are demanding the full balance now as they are saying they have been reasonable for last 5 months but they aren’t prepared to wait any longer. They have said the contract can be tf to the executor however it will need credit scoring and I will fail this.
Since 5/9 they have not wrote to me and until I made a complaint on 13/2 they have never mentioned cancelling the contract and giving me a deadline for full settlement.

Yorkshireman99 · 20 February 2019 at 9:37AM

Enchantedkeepsakes1 wrote: »

Yes I’m the executor. Vauxhall are demanding the full balance now as they are saying they have been reasonable for last 5 months but they aren’t prepared to wait any longer. They have said the contract can be tf to the executor however it will need credit scoring and I will fail this.
Since 5/9 they have not wrote to me and until I made a complaint on 13/2 they have never mentioned cancelling the contract and giving me a deadline for full settlement.

You need to go,further up the chain of command. They just have to wait just like any other estate creditor. You are not personally liable. The court will not enforce the debt against the estate until probate is granted.

Enchantedkeepsakes1 · 20 February 2019 at 9:46AM

Probate was granted just before Christmas . They are saying as it’s HP the car does not fall under the estate and it actually belongs to them until the finance is settled. My dad brought the car for my brother and there is no way I can let the car be returned to them. They are basically saying if I do not pay all of the balance they will just come and collect the car. Do they not have to follow certain protocols ?

Keep_pedalling · 20 February 2019 at 9:52AM

Yorkshireman99 wrote: »

You need to go,further up the chain of command. They just have to wait just like any other estate creditor. You are not personally liable. The court will not enforce the debt against the estate until probate is granted.

If the car was on a personal contract plan then it does not form part of the estate, as the car never belonged to the OPs father, in which case they are entitled to take it back. Any outstanding payments they will have to wait for.

Yorkshireman99 · 20 February 2019 at 9:58AM

Enchantedkeepsakes1 wrote: »

Probate was granted just before Christmas . They are saying as it’s HP the car does not fall under the estate and it actually belongs to them until the finance is settled. My dad brought the car for my brother and there is no way I can let the car be returned to them. They are basically saying if I do not pay all of the balance they will just come and collect the car. Do they not have to follow certain protocols ?

It depends on the exact terms of the contract. It maybe that they can take it. You owe them nothing but the estate may do. Is it insured?

Keep_pedalling · 20 February 2019 at 9:59AM

Enchantedkeepsakes1 wrote: »

Probate was granted just before Christmas . They are saying as it’s HP the car does not fall under the estate and it actually belongs to them until the finance is settled. My dad brought the car for my brother and there is no way I can let the car be returned to them. They are basically saying if I do not pay all of the balance they will just come and collect the car. Do they not have to follow certain protocols ?

They are correct as with a PCP the car remains the property of the finance company until any outstanding finance has been paid. You do not really have many choices, either come up with the money or the car goes back and your brother buys a cheap runabout until he receives his inheritance.

Dox · 20 February 2019 at 10:14AM

Enchantedkeepsakes1 wrote: »

Probate was granted just before Christmas . They are saying as it’s HP the car does not fall under the estate and it actually belongs to them until the finance is settled. My dad brought the car for my brother and there is no way I can let the car be returned to them. They are basically saying if I do not pay all of the balance they will just come and collect the car. Do they not have to follow certain protocols ?

I'm afraid it sounds as if they have done all they should under the terms of the agreement. The car remains their property until the final payment has been made (something which would have been set out in the agreement) - it has never belonged to your father (or your brother), so isn't part of the estate. They are fully entitled to repossess unless outstanding payments are made in full and pretty quickly. If your brother has the use of the car, perhaps he needs to sort this out if he wants to keep it?

Enchantedkeepsakes1 · 20 February 2019 at 10:37AM

Thanks all it has been my intention to pay the monthly contractual amount until house sale goes through (going through legal stuff now). Just thought they would allow this to happen and not just demand nearly 6 grand within a month or else. Should they have at least communicated in writing to me of their intentions prior to this ? Seems as soon as I made a complaint they just shut down all communication and said hand the car back or pay up.

GMAC cancelling contract

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