Took to court by Lombard over car finance

[ibbydollac]

Hi all, I'm new to forum and not sure if i've put this in correct place but hopefully someone can shed some light on this.

 

My husband took finance out on a car in May 2006 with a local dealership through Lombard. Unfortunately to cut a long story short we ran into diffs and fell behind with payments. They subsequently went to court and obtained a Property Order (we live in Northern Ireland) on our house and also an attachment of earnings order to have the money repaid monthly via his wages so....

 

The car now needs work doing to it and we aren't able to afford the repairs so we are looking to sell (if poss) and buy something cheaper with the proceeds as my husband works a fair distance from home, however what we are unsure of is if the finance company is being paid via my husbands wages and has an order on our property (if his payments default) do they still have a financial hold over car too? (as in outstanding finance) or does this sound like he was sold a personal loan rather than hp?

 

None of the paper work from Lombard with ref to the arrears/court proceedings etc mention the car and they never attempted to repossess it so would that suggest they have no record of the car?

 

any advice would be great, thanks

[cab1ne]

hi ibby and welcome to cag,

 

it sounds pretty safe but we need to know what type of agreement it is. is it a fixed sum or hp agreement??

 

cab

[ibbydollac]

Hi there, thanks so much for your reply

 

As far as I am aware it was a fixed sum and we didn't have the option to give the car back when we ran into difficulties

 

Here in N.I we don't have bailiffs or CCJS but we do have a body which is part of the Court system called Enforcement of Judgements Office who basically enforce whatever judgements are made by the Court - both my husband and I (even though finance was solely in his name) were summonsed to attend for interview here as to our income and expenditure even the guy conducting the interview couldn't understand why the car was never repossessed to cover some of the outstanding debt.

 

Payments were made to Lombard for just over a year before the arrears started to occur so surely they could have recouped some of their monies through the selling of the car then had this been an HP agreement?

 

Of course leave it to husbands but mine can't find the original agreement to check and can't actually remember if he was sold a personal loan or not!!!

[cab1ne]

Hi there, thanks so much for your reply

 

As far as I am aware it was a fixed sum and we didn't have the option to give the car back when we ran into difficulties

 

Here in N.I we don't have bailiffs or CCJS but we do have a body which is part of the Court system called Enforcement of Judgements Office who basically enforce whatever judgements are made by the Court - both my husband and I (even though finance was solely in his name) were summonsed to attend for interview here as to our income and expenditure even the guy conducting the interview couldn't understand why the car was never repossessed to cover some of the outstanding debt. "correct me if i am wrong" when you took out the loan iam guessing you owned your house.

 

Payments were made to Lombard for just over a year before the arrears started to occur so surely they could have recouped some of their monies through the selling of the car then had this been an HP agreement?

 

Of course leave it to husbands ("Mmm" my wife always says that) but mine can't find the original agreement to check and can't actually remember if he was sold a personal loan or not!!! 99% chance it was

 

fixed sum loans are most common with home owners because of the security. what you did with the money is of little concern to the creditor. you could set the car on fire if you wanted to they are only interested in your property:rolleyes:.

 

cab

[cab1ne]

IT COULD BE OF INTEREST TO YOU TO SEND THEM A SAR

 

Name and Address

Date

Data Protection Act 1998 Subject Access Request

Account No

Dear Sir/Madam

 

regarding the above account, please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was open.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with Capital One Bank (Europe) plc.

3. True copies of any notice of assignment and default notices or enforcement notice that Capital One Bank (Europe) plc sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account, including the insurance contract with terms and conditions, inclusive of all dates they were added and/or deleted.

5. Details of any collection charges added to the account; specifically, the dates were levied, the amounts of any charges, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

6. Specific details of any fees or charges levied by any other agency in respect of this account and a detailed breakdown of said fees or charges and what each fee or charge relates to and on what date said fees or charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement.

10. Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours Sincerely,

Sign name

Print name

[ibbydollac]

Thanks so much for your advice Cab1ne ......

 

as far as I am aware (I wasn't actually with him when he took this out) but the finance was never secured on our property (surely I would have needed to sign for this too) although the court has done this now through the judgement received

 

so you think this just sounds like a personal loan gained by the car dealership who then used the funds to pay directly for the car (we never actually received any money ourselves) which in turn would mean we could sell the car on without any outstanding finance showing

 

thanks again for your time

[unluckyone]

I'd just like to add, and I hope someone more experienced than me could perhaps post to confirm.

Print your name at the bottom of the subject access request, DO NOT sign your name, (they have been known to "lift" the signature abd make it appear on the agreements).

Also, you could add a line after the £10 maximum payment for the request that the £10 is not to be used for any other purpose. So they can't "add it to your account as a payment".

I hope this helps.

[cab1ne]

I'd just like to add, and I hope someone more experienced than me could perhaps post to confirm.

Print your name at the bottom of the subject access request, DO NOT sign your name, (they have been known to "lift" the signature abd make it appear on the agreements). on a cca maybe.

Also, you could add a line after the £10 maximum payment for the request that the £10 is not to be used for any other purpose. So they can't "add it to your account as a payment".

I hope this helps.

 

read the first post and start again.

 

cab

[cab1ne]

Thanks so much for your advice Cab1ne ......

 

as far as I am aware (I wasn't actually with him when he took this out) but the finance was never secured on our property iam not saying the loan was secured on his property (surely I would have needed to sign for this too) although the court has done this now through the judgement received this is the point i was trying to put across because he was a home owner when he applied for the loan, the house would be better security for them in the future (like it is now). so if you default on the court order they are not going to chase you for a car that might be worth £2000 when the house could be worth £50,000

so you think this just sounds like a personal loan gained by the car dealership who then used the funds to pay directly for the car yep (we never actually received any money ourselves) which in turn would mean we could sell the car on without any outstanding finance showing

 

thanks again for your time

 

the idea of the sar is just so you could look at any info they have on you and maybe (you never know) slap them back. always worth a look.

 

cab

[ibbydollac]

Thanks for all your advice Cab, really grateful

[cab1ne]

Thanks for all your advice Cab, really grateful

 

no problem

 

cab

[unluckyone]

cab1ne, what did I miss?? So that I don't mess up in my dealings with DCA's and OC's...would you advise signing a subject access request?

If they've got your signature, they could lift it and apply it to any document..no?

Do you think the extra line after the £10 bit is suitable? I'd like to know because I've put it on my SAR. Surely it can't hurt?

I 'd be grateful for your opinion

[cab1ne]

cab1ne, what did I miss?? So that I don't mess up in my dealings with DCA's and OC's...would you advise signing a subject access request? if you was just doing the £1 cca request i agree your signature could be at risk and your signature on that request is not of any major importance.

If they've got your signature, they could lift it and apply it to any document..no? they could

Do you think the extra line after the £10 bit is suitable? I'd like to know because I've put it on my SAR. Surely it can't hurt? no it can't but at the same time, any money you send them for what ever reason can be charged off on your account, it is not an admission of liability.

I 'd be grateful for your opinion

 

a signature on a sar imo is relevent, as it is a request under the data protection act, its a little bit less informal and a bit more important. dnt forget they can refuse to comply until you do sign it and forty days is a long time.

 

cab