Help With Disputed Default

GingerCurls · 11 June 2018 at 3:14PM

Hi

I have a default on my credit rating from Car Finance 247. I was in dispute with them for a while and to cut a long story short I now have a default on my rating that is in a payment arrangement.
I was not informed that they were closing the account and so I did not get chance to sort it out so once the account was closed they were very heavy with me and I had to accept to make a payment arrangement through court mediation otherwise I would have had a CCJ
I asked for the information on my account and it does not state in there that they issued a termination of contract warning, they kept issuing defaults even though I was in dispute.
I had a right to return the car as I had paid enough under the agreement but they kept sending the wrong form and terminated the contact. The FCA were useless as 247 car finance lied to them and I raised a dispute there as well but it was out of time by 1 day so not accepted

Top and bottom is I'm left with this large default and I don't think its fair, if they did not follow the process properly am I allowed to ask them to stop reporting it, I would continue to pay the debt I just thinks its unfair I'm made to look bad with money when the company pulled a fast one to leave a balance on my account instead of having the car back

Wold anybody have any information if there is anything I can do

[Deleted User] · 11 June 2018 at 3:19PM

If you defaulted on payments, it's correct that it is there.

Was that the case?

GingerCurls · 11 June 2018 at 3:27PM

Not really I had right to return the car they said I had to return a form, they sent the wrong one, I told them they sent the wrong one a second time then argued that because I had missed payments now I had to pay arrears in full to return the car, I argued that had I had the correct form on time there would be no arrears.

I got done so I should have gone to a more reputable lender. I am paying but if this debt was not my fault and I'll be honest I feel I was ripped off into paying this balance, which I will. But they should have notified me they were terminating the agreement surely? You can see from that I would have oaid the balance and returned the car with nothing to pay and they know that which is why they diddnt issue it

Are they ment to follow certain procedure? if so does anyone know what it is and if they havent can I make them stop reporting

I have a long period to wait now before I can move my life forward does anyone have anything that would be helpful?

System · 11 June 2018 at 4:20PM

GingerCurls wrote: »

Not really I had right to return the car they said I had to return a form, they sent the wrong one, I told them they sent the wrong one a second time then argued that because I had missed payments now I had to pay arrears in full to return the car, I argued that had I had the correct form on time there would be no arrears.

You stopped making the payments as outlined in the original credit agreement you signed up for so were in default of that agreement. You should have continued to make payments whilst this mess was being sorted out. As you didn't you were in breach of the finance agreement you signed, one which will have stated on what grounds it can be terminated on in the long list of terms and conditions you most likely didn't read.

What they have stated is factually correct.

GingerCurls · 11 June 2018 at 4:48PM

I definitely read it. A notification was required

I don't think you can issue a default if the account is in dispute

Just thought there might be someone on here who knows the legality of it.

does anyone on here know about this sort of situation.

sourcrates · 11 June 2018 at 5:00PM

GingerCurls wrote: »

I definitely read it. A notification was required

I don't think you can issue a default if the account is in dispute

Just thought there might be someone on here who knows the legality of it.

does anyone on here know about this sort of situation.

It would depend on the terms and conditions set out in the credit agreement, obviously you will need to read them to see what they can and cannot legally do.

Even if they have breached the agreement somehow, to get any kind of remedy, you would have to make an official written complaint to the company, setting out how you believe they have breached the agreement, and what you want them to do about it.

They then have 8 weeks in which to issue a final response to you, if they do not uphold your complaint, you then have the option to pass your complaint to the FOS (Financial ombudsman service) who will then decide your case on balance of fairness to both sides.

You can, if you wish, take the matter to court to decide at any time, but that will involve cost on your part.

GingerCurls · 12 June 2018 at 9:59PM

Thanks for your help

I will send them a letter

Help With Disputed Default

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