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?
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
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?
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?
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.
Last edited by kris1anne; 27th April 2009 at 09:16 PM.
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