First Response Finance

dazmorg1969

New Member
Apr 24, 2009
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Hi all, my first post, i know it a long one but i am realy needing help.

I took out a finance agreement with First Response Finance on 30/03/09 for a car. The car dealer who was acting as the agent for the finance company took my car as deposit (£250) so the finance on the car was for £3200. I collected the car 31/03/09 and everything was fine with the car. On 6/4/09 I was about to drive out of my driveway and a van parked behind me stopping my from driving anywhere, I got out of the car to ask them to move as I was on my way to work, they then said that they were collection agents for First Response Finance saying that they were collecting the car from me as the finance company believed that I had got the finance by deception as my job had changed, this was said in full view of people that were passing and a neighbours. I used the collection agents phone to ring the finance company and they said that they wanted the car back and that the finance would be fully cancelled. The finance company then wanted to talk to the collection agent and I was not allowed to talk to them anymore.
The collection agent then asked for the keys to the car and I refused, they then said that they were going to call the police and have me arrested for fraud, at this time I was scared and handed over the keys to the car. The next day I phoned First Response Finance to see what I could do but all they said was I had taken the finance out and I could write to them cancelling the agreement as they would not hand the car back. So I wrote to them cancelling my finance agreement within the 14 day cancelation period and sent it registered post.
I have checked my credit report this morning as I got an alert from Experian credit reference agency and First Response have opened a credit account for £6500, I have tried to ring them and all that they are saying is that I am going to have to pay the full balance and put the phone down on me. Since the car has been taken away I have not been able to work and now claiming Jobseekers Allowance, I am very upset over all of this and so is my wife who was the joint applicant. Can you please help me?
 

Tony

What Consumer Founder
Apr 7, 2008
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It sounds like First Response Finance and the Collection Agency have stepped over the mark, it probably should have been you calling the police.

I know this doesn't really help, but you should report them to the Office of Fair Trading:

See this for more information:
Debt Collection Agencies | Consumer Information

Tony
 

dazmorg1969

New Member
Apr 24, 2009
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thanks

thanks tony, i know what you are saying but foresight is a wonderful thing, wish i had phoned police or as least made them phone if they were realy going to, i have never been in this situation before so did not know what to do. All i want and so does my wife is to have the car back so i can go back to work, i have tried other finance companies but they wont touch me now because of first response, i have not slept for days, we are going to loose the house and everything now, we just need some help and advice
 

dazmorg1969

New Member
Apr 24, 2009
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me again

sorry to ask another question on my own thread, but could i go and get my car back if i had one of the keys as i have the log book and keys. it has not gone to auction yet? or am i just cluching at straws?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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I think the best thing to do would be to contact Citizens Advice website

They should have a local office and may be open in the morning.

WRT the keys I wouldn't really like to comment, it might get messy. Do you know where it is?

Tony
 

dazmorg1969

New Member
Apr 24, 2009
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yes

yes i do know where it is, what do you think may happen if i did go and collect the car as i am the legal owner with the V5 and a key, could i go to the police station and say that i am going to do a repo on my own car?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
I guess the car is actually theirs now and DCAs are allowed to seize goods they just have to do it in th right way, which they didn't

Tony
 

kris1anne

New Member
Jan 29, 2009
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This is shocking. What is clear is that they cannot claim to be keeping the car as you lied to them then charging you for the finance despite this. Have you spoken to the police or citizens advice - I believe although you will need to check this that they could actually themselves be in breach of the laws on this one.I would really advice you to get legal action and it wouldnt hurt to let the press know either.
 
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dazmorg1969

New Member
Apr 24, 2009
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update, good news??

Well I got a phone call from first response yesterday, after my wife and I badgered them with phone calls telling them that we are taking legal advice and we had also contact trading standards, the head of collections has said that he is going to review the situation, whatever that means? He also gave us the name of the collection agents that they used at last, so we can complain about them. He did apologise for the way that they had gone on, and they should have left a receipt, but I can only think of 2 things that may happen now.

1) that they are going to cancel the finance agreement, but that would leave them out of pocket as car is at the auction site.
2) that they are going to return the car and continue with the finance.
Does anyone have any ideas?
Thanks
 

dazmorg1969

New Member
Apr 24, 2009
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new update

just came off the phone with first response, what they are going to do is take the car to auction and see what the car is sold for then they are going to wipe off the balance, this is ok but it still leaves me out of pocket, £250 for the trade in, £115 in car tax for the repo car and £57 for the first months insurance thats £422 i am out off pocket, also they are not going to take it off my credit report until the auction has finished, so at thye moment no other credit company will touch me for finance..
 

dazmorg1969

New Member
Apr 24, 2009
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they said that they would write off the rest of the debt, well thats what they have said on the phone, but i just dont trust them at the moment, i am still keeping my solisitors appoinment on friday to see what she says about this
 

icemanwayne

New Member
May 20, 2009
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hello
having looked at the above psots i just wanted to add a little bit of info on how things can work and hope it may be of interest, i am just giving you my bit of knowledge.
a finance company will only reposes one of there cars as a last resort, they will always want to come to some arrangment before taking back the car, they will always want to get the full agreement paymnet with all the high intrest rate, rather than sell at auction and hope to get the rest of you without any security.if you were told that the agreement was canceled due to wrong information regarding work, then who ever told you this was seriously in the wrong, even more so if you have not missed a payment,
if they did take the car and said that they will auction the car and clear the balance this is also wrong, let me explain what i know. the car when purchased would have been at current market value, and because the agreement is relativly new then the payments you will have made will have mostly been made up on interest, little will have been made against the car,so basicaly you will be in nil equity on the car.now they take the car to auction plus addding the high interest rate charges and collection costs and auction costs.
this is just an example,say you paid 5000 for the car at forcourt price, i beleive at auction the car will fetch approx 3000 - 4000 if you are lucky, they will then take of all the above costs and reduce the total debt you owe, you could still end up owing them half of the agreement, if the agreement was at a certain stage , not quite sure what lengh that is, but they cannot take the car without the proper court papers.and at a further stage you can hand the car back and pay nothing, but this is not applicable on new and early agreements.
now this is why i dont understand how they would want to take you car.
lets say you were made bankrupt, the receivers would not take back the car if you used it to get to work, they cannot take anything which would cause you to suffer further hardship, example stop you working. same goes with the finance company, if you tell them that you were bankrupt and would still be making the payments then they would not take it from you.
so how they can simply take your car like they did is beyond me, i would be filing a small claims form right now on the internet. and i would be charging them for money lost,
you desperatly need to talk to CA .
i appologise for my spelling and grammer it sucks.
hope i have given you some help.
regards
wayne
 

icemanwayne

New Member
May 20, 2009
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just one thing
keep records of times and dates of phone calls and also ask for anything they tell you to be put in writing.any letter you send must be duplcated.
i can remember once when my son took out a finance package, the intrest rate was 52%, i checked his credit history to find 2 small defaults with 2 mobile phone companies, 1 for 18.00 and 1 for 49.00, i paid these and requested they were marked satisfactory within 14 days, this is usualy done automatic, i then sent a letter to both to ask for removal, they have to power to remove the default from the file, if you follow this simple route it could save you 1000s in over charged intrest rates and could get you back on track with 17% borrowing,
so you see 2 very small defaulst ended up costing my son a small fortune. nice way finace companies can make money.
also i know its too late now but check your agreement, if a car is 3995 for example, make sure it states that on the agreement, my sons went from 3295 on the window screen to 2500 on the agreement after i paid a 1000 deposit in cash.total 3500, were did the 205.00 come from.
good job my son had me to check things over for him.
regards
wayne
 
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fritzspa

New Member
May 18, 2009
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they said that they would write off the rest of the debt, well thats what they have said on the phone, but i just dont trust them at the moment, i am still keeping my solisitors appoinment on friday to see what she says about this

How did you get on with your solicitors?

In future you should only communicate with this finance company in writing. It sounds very much like they are telling you what you want to hear & then carrying on as they like. You should send them a letter by recorded delivery & please if you have not already - speak to Citizens Advice as this company are behaving in a very underhand manner (if not actually illegal).

I have typed up an example letter for you to use below.

Hope this helps.



Dear Sir/Madam,

WITHOUT PREJUDICE

RE: Agreement Number *********

As per my phone conversations with your staff on (Insert dates here) where I was informed that it was your intention to cancel my credit agreement.

Your agents (Insert name here) removed the vehicle (insert registration number here) using what can only be described as undue pressure & harassing tactics. Since that time I have receieved no communication from yourselves regarding this & despite repeated requests by phone I note that my credit file still shows an outstanding account due to yourselves.

I hearby give you notice that I require confirmation of the following points:

1: That you have indeed taken the vehicle back.
2: That you will ensure that I receive confirmation that my contract has been canceled & all sums due by me are now settled.
3: That you will ensure I will receive a cheque to fully reimburse me for all sums already paid to yourselves & to include payment to cover my trade-in deposit as required by consumer trading laws.
4: That the relevant credit agencies have been notified that this account is now satisfied.

I expect to receive confirmation of the above points within 7 days of the date of this letter. I feel sure you will appreciate the urgency of this matter as if the vehicle has not been recovered by yourselves the Police will need to be contacted as the vehicle has been stolen. I have contacted the Citizens Advice Centre & Consumer Trading Standards in addition I will shortly be contacting the Financial Services Authority in addition to the local Police & BBC Watchdog.

I hope therefore that you will contact me shortly to ensure that none of the above avenues of recourse are necessary & that my concerns are dealt with in a timely manner.

Yours Faithfully




(Insert Name Here)

RESPONSE WITHIN 7 DAYS IS REQUIRED!