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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I got a log book loan and defaulted or paid late a few times

Customer Question

I got a log book loan and defaulted or paid late a few times the guy said it was ok and we would just add it to the end. I pay 376.00 per month on a 3000 loan over 24 months. last month he ended the contract and said he could collect the car but has not done so and has taken a payment from me on 4 April for the full payment that we were originally contracted for and is today demanding if i do not pay the full amount TODAY then.... can you please help none of this feels right as I am not refusing to pay and do regularly make payments of what I can afford which meets the ful payment even if it is a little late sometimes
Jake
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I dont't quite understand - was not the term of the loan just extended please?

Customer :

No, When i first had difficulty paying i called him and he said to go into a shop, ( a pawn shop connected to him) and pay what i could this i did. whilst between my jobs this happened a couple of times and other times my family helped me to pay. At this point Chris the car loan man said not to worry as he could just add the balance to the end of the loan. they sent me a couple of letters after speaking with Chris telling me I was in default, I then spoke to Chris and agreed to go into the store and pay some My mother also asked him what a settlement figure would be at this point he said £4200.00. My mother asked him if I sold the car, as it is new, and paid off the settlement would this be ok, he said yes but they would need the buyer to pay them the outstanding. ( i gave him permission to speak with my mum). during this conversation even though we had agreed to payment plans over the telephone and text he added that i will receive a letter saying the contract had been terminated and just to ignore this. To carry on making payments. My mum again spoke with hin and verified the payments, of 376.00 per month 276.00 of which was interest and 100 coming off the bill he said this was correct. this was in April after which my mum paid in the shop by her visa debit card on the 4 April 376.00. Today he has text her telephone and demanded full contractual payment of 376.00 by close of business. I have told him as I did over the telephone last week I do not get paid until this evening s I work in the food industry and do not get my pay until my shift tonight I have said I will pay him tomorrow. I am worried as It all seems very strange and do not know what my rights are.

Alex Watts :

Is anything in writing about payment dates etc?

Customer :

Just hand written receipts from the shop and a card machine receipt from my mums card payment. I have just carried out aa HPI check on the car and they have registered an interest as finance company under the Bill of Sale act

Alex Watts :

So all you want to do is change the payment date from today until tomorrow?

Customer :

yes

Alex Watts :

Do you have any finance agreement in writing? Loan document or anything?

Customer :

they terminated the contractual agreement after a notice of default, so does that not make the original contract void ?

Alex Watts :

You had a default notice?

Customer :

yes if you read up in the previous paragraph i wrote to you he sent me a default and followed that with a termination of the contract

Alex Watts :

Ok - but the extension was agreed verbally?

Customer :

yes it was

Alex Watts : What is he threatening to do if you don't pay today?
Customer :

no threats as of yet but he is just saying it needs to be payed today so i imagine if not payed today he will take the car off me ?

Alex Watts : I would not worry about that.
Alex Watts : You can pay tomorrow and in reality he can't do much about that.
Alex Watts : He would need a court order.
Alex Watts : He can't refuse payment and just can't take the car.
Alex Watts : But at worst he can only charge you an extra day interest.
Alex Watts : So no, he can not just come and take your car.
Alex Watts : Can I clarify anything for you about this today please?
Customer :

No Thats great thank you Alex I will take the money into the shop on Tuesday as they are closed until then due to bank holiday

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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