Marlin & 2010 CCJ for British Credit Trust Car loan [car was repo'd 2003]

[theoldrouge]

I didn't make any payment in 2007. I believe this is an "invented" payment added to the account to get around the SB. They can't have any proof that I made the payment because I didn't. I have never ever dealt with third parties for payments, including DCAs and never will. I would have made a payment for something I didn't owe in any event.................. you would need to have all the facts by way of a SAR to BCT, but imo far too late to get a setaside

 

and also the court would consider that you should have notified any creditor of your new address

 

I made absolutely no contact whatsoever with the company from a few months after they took the car, and the termination was made by me requesting (in writing) that they terminate the agreement as per the details of the contract as I had paid more than one third. They repeatedly ignored me, and eventually I parked the car up on a secure driveway, told them where it was and to come and collect it.

sadly that would count as a voluntary surrender, you would have needed to give specific written notice under s99cca1974, they ignored you for a reason

[seylectric]

sadly that would count as a voluntary surrender, you would have needed to give specific written notice under s99cca1974, they ignored you for a reason

 

I don't follow.

I sent them VT letters in accordance with the requirements of the contract.

I'm not sure why you're saying that isn't valid.

 

 

They ignored me because a VT is the last thing they want so they do their level best to not let it happen,

that's pretty common with these type of deals but that's not the debate here.

 

Regarding not informing creditors, to the best of my knowledge there were none.

 

 

The contract was terminated as it should have been in my opinion,

I don't see what else I could have done.

They ignored the termination request but that doesn't make it invalid.

They had no legal right to try to claim anything from me.

[ReasonableRon]

The termination request was made by me requesting (in writing, several times) that they terminate the agreement as per the details of the contract as I had paid more than one third. .

 

You keep mentioning a third, when the amount you need to have paid to VT with no further liability is a half.

[AndyOrch]

Hi seylectric

 

 

VT dated xxxx ?

 

Last payment xxxxx?

 

Moved out of the address 2010

 

Judgment was entered June 2012

 

Did Marlin ever write to your new address pre claim?

 

Regards

 

Andy

[theoldrouge]

it would need to have been agreed in writing, with a termination date followed by return of the car and docs and an agreed condition report

 

as pointed out above, you would then need to make arrangements to make payments to half of the total agreement

[seylectric]

Just to clarify,

I'm grateful for the input but I'm going to give it a go anyway,

 

 

I have nothing to lose (well, apart from the £155 fee).

 

 

I'm really just looking for the best way to word it to stand the best chance as opposed to looking for reasons not to go ahead.

 

I won't be mentioning the 2007 payment of course.

I'm more hoping that it will go in my favour due to the address issue

but I understand that while it worked well years ago, now not so much I believe.

But I can't inform creditors if I don't know there are any.

Up until moving in 2010 I hadn't heard anything about it for years.

 

Clerk of court I spoke to earlier seemed to think I had a very good chance incidentally although I know they don't/can't really advise.

[obiter dictum]

The third is where they cannot repo the vehicle without your consent and without a court order

 

You can voluntary terminate the agreement at any time, even if you have not reached the 50% level. It just means you have to keep on paying until you reach the 50% level without a car

[seylectric]

The amount at the time was 1/3, not a half.

 

I can't help it if they wouldn't comply and had proof that I tried to terminate

- every letter was sent recorded

- but they effectively refused by ignoring me, for around 4 months.

Can't see how that would go in their favour, but any documentation I had was lost years ago.

 

Besides there's still the SB issue, I haven't contacted anybody or made any payments since 2003 until 2012.

[theoldrouge]

Just to clarify, I'm grateful for the input but I'm going to give it a go anyway, I have nothing to lose (well, apart from the £155 fee). I'm really just looking for the best way to word it to stand the best chance as opposed to looking for reasons not to go ahead.

 

I won't be mentioning the 2007 payment of course. I'm more hoping that it will go in my favour due to the address issue but I understand that while it worked well years ago, now not so much I believe. But I can't inform creditors if I don't know there are any. Up until moving in 2010 I hadn't heard anything about it for years.

 

Clerk of court I spoke to earlier seemed to think I had a very good chance incidentally although I know they don't/can't really advise.

 

in that case I would start with a SAR to BCT

[obiter dictum]

Your best bet is to send a SAR and see if they are foolish enough to enclose any copy letters you sent about doing a voluntary termination by mistake

 

BCT are now history, Capquest, another debt collection agency purchased BCT Lock stock and two smoking barrels last year

[seylectric]

Your best bet is to send a SAR and see if they are foolish enough to enclose any copy letters you sent about doing a voluntary termination by mistake

 

BCT are now history, Capquest, another debt collection agency purchased BCT Lock stock and two smoking barrels last year

 

Yes, and isn't it past the time beyond which they need to keep documents?

 

 

I agree the SAR route is a good idea but I'm not even sure they will still have the relevant paperwork that far back.

The only bad news is I don't have any either.

 

The biggest problem is I HAVE to find somewhere to live before the end of the month

so I'm not likely to have time to go down the SAR route.

If it's going to stretch out I might as well sit it out and wait until the CCJ expires in June next year.

 

 

I'm more hopeful of the "not at this address" route to be honest,

as I genuinely didn't know anybody was still chasing it prior to finding the CCJ.

[theoldrouge]

The amount at the time was 1/3, not a half.

 

 

 

.

s100 cca1974

100 Liability of debtor on termination of hire-purchase etc. agreement.

 

(1)Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.

 

I do think you may be getting confused, unless you have a copy of the original agreement, this would be highly unusual

[AndyOrch]

Hi seylectric

 

 

VT dated xxxx ?

 

Last payment xxxxx?

 

Moved out of the address 2010

 

Judgment was entered June 2012

 

Did Marlin ever write to your new address pre claim?

 

Regards

 

Andy

 

If you could answer the above......everything else is irrelevant if it can be proved it was SB at the time the claim was issued.

 

Andy

[seylectric]

s100 cca1974

100 Liability of debtor on termination of hire-purchase etc. agreement.

 

(1)Where a regulated hire-purchase or regulated conditional sale agreement is terminated under section 99 the debtor shall be liable, unless the agreement provides for a smaller payment, or does not provide for any payment, to pay to the creditor the amount (if any) by which one-half of the total price exceeds the aggregate of the sums paid and the sums due in respect of the total price immediately before the termination.

 

I do think you may be getting confused, unless you have a copy of the original agreement, this would be highly unusual

 

 

No, one thing I am always extremely careful about is the accuracy of the information I put forward.

 

"You have a right to end this agreement. If you wish to do so, you should write to the person authorised to receive your payments.

We will then be entitled to the return of the goods and to one third the total amount payable under this Agreement, that is

 

*£ xxxx.xx "

 

etc.etc

[theoldrouge]

you were advised to do this in 2012?

http://www.consumeractiongroup.co.uk/forum/showthread.php?354226-Court-order-for-11-y.o.-debt-that-never-was

[seylectric]

you were advised to do this in 2012?

http://www.consumeractiongroup.co.uk/forum/showthread.php?354226-Court-order-for-11-y.o.-debt-that-never-was

 

Ah yes, thank you for that. I thought I vaguely remembered bringing this up previously, but the old memory chips are not what they once were.

 

My daughter has just arrived and says that we DID eventually get a letter from Marlins accepting that it was statute barred

and applied to the court to get the necessary done.

 

 

In which case I need to find out what happened as I can't remember beyond that.

The important thing is that she says we still have that letter,

it's filed away safely at her office so things are looking better.

 

My apologies for wasting everybody's time but the advice is appreciated as always.

[seylectric]

I accept the numpty of the week award.

[AndyOrch]

I accept the numpty of the week award.

 

 

Old & new thread merged.

[dx100uk]

and as a side note

this was British credit trust.

[ex Thames Credit]

 

 

they were carpeted several times I do believe.

 

 

get an sar running

 

 

http://britishcredittrust.co.uk/