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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Car wrote off - tft insurance, outstanding finance

10 replies

Starryxnight · 02/11/2024 20:59

As the title says.
a memeber of my family has been in a really bad accident. All fine thankfully with no injuries however the car has been wrote off.
we are well aware that they should have had fully comp insurance and have been in sorry state for a few days about should haves and could haves but a tough lesson has been learnt.

He is going to continue to pay the finance for another 24 months however does the finance company need to know? If so why? Will my family member be worse off or will they benefit from this?

OP posts:
Lougle · 02/11/2024 21:09

Yes, he must declare the accident to his insurers. Really, he needed fully comp insurance and gap insurance (to cover any gap between the value of the car and the outstanding finance).

I'm glad he's ok.

Jc2001 · 02/11/2024 21:13

Not sure I really understand the question. Did they not have fully comp issue? In what way do you think they will benefit? Any money owed to the finance company will still be owed.

Glad they're ok and everything but they'll be worse off because they'll be paying far a car they no longer own.

Ratfinkstinkypink · 02/11/2024 21:18

What sort of finance was it, a car loan, a PCP type loan or a bank loan?

OldJohn · 02/11/2024 21:18

I have no experience of this situation but I think he should tell the finance company. He needs to make it clear in his letter, or email, that he will continue to pay the payments as agreed. If he does not contact the finance company an they find out that the car is written off they might get nasty as most, or all, finance agreements insist on fully comprehensive insurance.
I think that him telling the finance company is best.

IbizaToTheNorfolkBroads · 02/11/2024 21:59

Oh course he needs to tell the finance company that the asset they still own has been written off.

Throwaway0912 · 02/11/2024 22:03

Finance background here.

If the car is on finance, legally, the car is owned by them. It's usually a term of the finance agreement that you must have fully comprehensive insurance for exactly this reason.

The motor insurance claim, if there is any, should go directly to the finance company, as its their money, not your relatives.

He must tell the finance company that THEIR asset has been written off. He stands to land himself in all sorts of bother and with potential CIFAS fraud markers applied to his credit file if he goes about this the wrong way.

Prioritise telling the finance company. He can either maintain his payments at the current rate, or make an arrangement for a reduced amount (but this will impact his credit file) but regardless, they need to be the first point of contact from here.

Silly, expensive mistake to make.

MrJeremyFisher · 02/11/2024 22:04

He needs to check the T&Cs on his finance agreement. There should be a section that covers this. Likely he does need to tell them and it's possible the balance of the agreement will become due now, in which case he may need to see if they'll agree a payment plan.

Incidentally, TPFT cover is often not much cheaper than comprehensive cover nowadays. In some cases it can be more expensive.

Throwaway0912 · 02/11/2024 22:05

Oh, and at least in the finance house I used to work for, checks were regularly run on vehicles on their book, so it's likely they will know it's been written off anyway, at some point.

Starryxnight · 02/11/2024 23:02

For the poster above; my question was does the finance company have to know and why? Should he just keep paying it off (making extra payments to clear it quicker)

He knows he should’ve had fully comp insurance but when he got the car he was midway through a tpft policy and wanted to finish the year off to get the ncb.
He knows he has made a massive error and has been upset all week about the whole situation but moving forward it’s all done now and no point in saying what he should have done. He is WELL AWARE of this now. He has had many talkings to from the whole family and he won’t make a silly mistake like this again.

He has not made a claim or told his insurer as it was his own fault so no other party involved. He is planning on making overpayments to pay the finance off but he has been told that if he tells the finance company they will reduce the amount due which he is tempted by. I don’t think he should accept this offer if he will be penalised with a poor credit score.

OP posts:
Throwaway0912 · 02/11/2024 23:43

He has to tell them because the car belongs to them, it's their asset on which the finance is secured against. Their exposure and risk is now increased as they've no asset to repossess in the event he stops paying it. Not that I'm saying he will, but that's the way it's looked at. Ultimately, it's not his car, it's theirs until the finance is cleared, and they need to be made aware of what's happened to their vehicle. Things may have changed as I don't work in that specific area anymore, but as soon as the car is officially written off - its highly likely they'll be aware anyway. Not telling his insurance isn't great for him either.

Speak to them, in the age of treating customers fairly, they won't negatively impact his credit file unless he puts them in the position to do so. They may offer to reduce the balance, but this is generally when he pays them the scrap value of the car as a partial settlement towards his agreement. If he was planning on overpaying anyway, the partial settlement plus the overpayments would save him overall on the interest on the agreement. That won't impact his credit file.

If he chose to go down the route of making a reduced monthly payment (for instance, if he needed to do so to finance a new car and he's not in a position to pay two finance agreements) that may just be marked on his credit file as an arrangement, but still show as being paid on time. It has marginal impact on his file at that point, certainly not enough to prevent him financing again - unless his credit file is poor already - but in general it doesn't have as big an impact as people think it will.

Another option could be to speak to them and ask how much negative equity they'll allow him to carry into a new agreement. Could be an option if he needs to refinance. They would then reduce the amount he owes now, in way of the remainder of the terms interest being rebated. Caveat to that is, he's rolling that into a new car and therefore paying more overall for that one - and that's where it's especially important he considers fully comp insurance. Say his balance outstanding now is 10k, his settlement figure is 7k, he buys a new car for 10k, but his loan would be for 17k. Unless we're talking reasonably small figures, it wouldn't be a great idea to do this unless he's looking at 2/3k of the current agreement being carried over.

His finance company will be able to talk through all of his options and as long as he meets his payments, they won't force him into an immediate decision. They have a responsibility to be fair and transparent, and put him and his financial wellbeing first.

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