Help, still paying off car finance after 11 years!

[citizenB]

Ive added all the details to the letter in the link and saved it, i will print it off over the weekend at my parents house and post it early next week, registered post like you say with a £10 cheque.

 

Do you think they are liable to start getting nasty again once they recieve the letter? weve had so much grief off this company over the years with Daily phonecalls harrassing us to pay and threating letters and all at a cost to us each time, they only stopped it once the CCJ was put in place in 2007.

 

Did anyone else notice the discrepency on the CCJ amount oweing and the amount oweing on the same date on the Statment of payments? The CCJ figure is £4341.00 12/11/08 and on the statment it says £5692.20? does this mean the judge knocked alittle off and they finance company didnt do it?

 

x

 

That is a difference of £1351.20.. is there any chance that there was a rebate off the insurance already ?

 

I will try and find you some one who might understand this.

[dx100uk]

urm have the little buggers added interest when the CCJ does not state this

 

whatever is in the judgement box is ALL they are allowed to demand.,

 

we need that original CCJ, can you not phone the court for a copy?

 

dx

[ims21]

urm have the little buggers added interest when the CCJ does not state this

 

whatever is in the judgement box is ALL they are allowed to demand.,

 

we need that original CCJ, can you not phone the court for a copy?

 

dx

 

Hi dx

 

I can confirm that no interest has been added since the ccj in this case

 

ims

[di_jones]

Dx hubby rang the court they said they can not issue a copy of the CCJ as it was back in 2007 all she could send us was a print screen of the CJJ she had on screen which i added as an attachment earlier on in the thread but here it is again if you didnt see it.

 

I have searched everywhere i can think for the original but i fear it was lost in the 2 house moves since it was issued, i am really angry with myself for losing it at usually i am so careful.

 

x

DSCF3649..pdf

[Surfer01]

Reading through this thread brought back memories what happened to us with another finance company many years ago. Sitck with it to get it resolved and maybe even some money back plus compensation for all the grief!

[dx100uk]

as ims has confirmed things - you have no post judgemental interest

 

if you wish, ring back the court and ask them the specific question

is post judgemental interest mentioned on the judgement box please?

 

dx

[di_jones]

Ok Dx will get hubby to ring tomorrow, going to post the SAR off on Tuesday x

[42man]

I think you are in a position of strength here.

 

Firstly you need the results of the SAR.

 

Secondly, I would be writing a well crafted letter to the company to give them the chance to rectify this catastrophe....(I really think you should get a lawyer on to this if you can afford it)

 

You should write along the lines of missold PPI, undisclosed/secret commissions, damages, restitutionary damages, excessive charges etc etc etc.......but if you need help on this let me know. I am also wondering if the FOS can intervene too, but the date may prohibit this.

[martin2006]

Valid reasons to have your judgements 'set aside' (to be used on n244 form)

 

 

Introduction

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

We have listed quite a few valid reasons below.

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
    

Lastly...

 

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement/s removed forever.

 

The above is taken from a bankruptcy/insolvency website

 

 

Edited September 19, 2011 by martin2006
removal of link

[di_jones]

I think you are in a position of strength here.

 

Firstly you need the results of the SAR.

 

Secondly, I would be writing a well crafted letter to the company to give them the chance to rectify this catastrophe....(I really think you should get a lawyer on to this if you can afford it)

 

You should write along the lines of missold PPI, undisclosed/secret commissions, damages, restitutionary damages, excessive charges etc etc etc.......but if you need help on this let me know. I am also wondering if the FOS can intervene too, but the date may prohibit this.

 

Thankyou for your advice, unfortuntaly we are not in a position to afford a lawyer, my hubby works full time and so i wouldnt think we would qualify for legal help as we dont get any low income benefits but he only earns enough for us to scrape through each month, this debt is one we could seriously do without.

 

We are glad of any help that anyone can offer and will work with you the best we can to try and sort this awful situation that has been a drain on us financially and emotionally for way to long now.

 

x

[di_jones]

Hubby has rang the court again today but we dont really know anything else, she just told him again about the figures ect, he asked her about the big differance in the judgment and the figure we had off the finance company and she just said that was wasnt right and it shouldnt have been differant and recommended ringing the finance company to question it?

 

I will have another search for the original CCJ incase i glanced over it but i dont think i did as both myself and hubby looked. So annoyed with myself.

 

x

[di_jones]

JUst letting you know i managed to post the SAR today, registered post x

[ims21]

[citizenB]

Once you are in receipt of the data, you might have a better idea of things.

[di_jones]

Ive tracked the letter today, it was recieved yesterday so now we shall sit and wait, i'll let you know when we hear anything x

[di_jones]

Just letting you know the SAR has arrived, its all on a cd, lots of data on there.

 

x

[Levets]

This was an interesting story. Was there an outcome?

[di_jones]

Hiya Levets, No this was not taken any further as in October last year my husband was taken seriously ill with Infective Endocarditis (infection in his mitral heart valve) and spent nearly 7 weeks in hospital it was very much touch and go at the time and has been a very scary and stressful time for us all, he is off work sick at the moment and on the waiting list for open heart surgery to have a valve replacement. The finance company have been helpful in allowing us to cut our payments down untill he is able to get back to work.

 

Thank you for asking x

[Levets]

Hi,

 

Sorry to hear that. Hope your husband gets better soon.

Glad to see they're being helpful now and should give you some breathing space.