Consumer Credit Act 1974

[Student2]

Ok, question for you all;

My car is on finance frm Peugeot and I have approx 11 months left on the finance. I have been paying my installments regularly as i am bound to in the Agreement. I recently found out that Peugeot had been trying to take funds from an old bank account that my husband and I havnt used in well over a year and we had cancelled the direct debit. However, it has since appeared that despite me paying regular installements, they have been trying to take the same amount out of the old account which has resulted in charges both from the bank and peugeot. This has now been rectified on the banks half but the problem is this - since trying to change my installment date (this has now been done since Nov) peugeot are now asking for two payments monthly, one on my original payment date (15th) and now for the date that i have changed to (21st) Surely this cannot be right?! I have disputed this over the phone to them and have now recieved a default notice for �278. Where do i stand with this in order to write them a seriously snotty letter and maintain my once a month regular payment?? Thanks for any advice.

[redcrx]

how many DD consent form have you signed? surely just the 1. If thats the case and they are taking one payment already and youre not in arrears then tell them to prove you own the second payment.

[Student2]

We asked the bank to investigate and it appeared that Peugeot set up another direct debit off their own back with out my or my husbands consent (AUDDIS) but yes only the one signed DD and then it was cancelled and the bank acknowledge that. They are quoting me S87(1) of the Consumer Credit Act saying that i am in breach of my payments - but i am paying exactly what i have been doing for 5 years. The arrears are the second payment that they are after.

[Ethel]

This is an administration error on the finance company's side.

Get all your old bank statements and make a list of all payments to them, noting the date and the amount.

Send this by registered post to the company and in the meantime telephone them with the same information. Ask them which month(s) they have not received payment -and you can prove they have.

[redcrx]

ask them for all signed agreements that they have for the vehicle. They will only have one as you only have the one vehicle.

[Student2]

Thank you - yes thats exactly what i am doing, bank statements, letter from the bank, all sorts but they wont admit that its an admin error (of course they wouldn't) but sending me a default notice etc is worrying. I was thinking of mentioning in my letter that i am on an IVA in the hope that they back off. But i am in the right and its their problem not mine.

[redcrx]

If it was me and i had every bit of proof that they were in the wrong then id stop the extra payment, ask them to prove it and see if they took it to court. Theyd have to make sure they could prove it then.
But thats just me being obstinate :)

[Ethel]

I would be very tempted to tell them to take it to court - let them make fools of themselves.

[Student2]

yes thought of that too, now i may be in a position to pay the amount off in full in the very near future so its no skin off my nose but i havnt paid a penny of the second amount and why should i? So they can poke their stupid letter. Just wanted everyone else's advice - thank you.

[redcrx]

lol Ethel, a troublemaker too eh??

[Student2]

lol - i swear Peugeot have caused me no end of trouble throughout the years and i am always having to prove them wrong. I got �50 bank charges off them after kicking up a stink and now they want more cash off me! I do have rather alot of correspondance in my favour tho
They say "The provisions of the agreement provide that you must pay us the rentals (�194) due thereunder promptly on their due dates. You have breached those provisions..." Now what the failed to say is that the payment date is when the money has to reach them - not the date you pay, in that instance they may have a case but i am still making the required payments on the required day meaning they get the payment maybe 2/3 days after (yup more charges!)

[amonty1144]

I had a similar problem a few years ago, where a finance company took payments after I had settled the account. Eventually they paid back what they had taken but only after supplying bank records, it might be worth checking all bank statements to check they haven't taken more then they owe.

[practitioner]

hi can you prove that you have maintained payments from the new account at the same time as them seeking the same amount from the old account if you can then you should be enitiled to a refund of charges