Optima 'voluntary charge' - want to up payments [old BMV car Finance Debt]

[m17837]

Hi All

Would really appreciate some advice on this.

 

History is that I had a car agreement debt 10 years ago that got passed to Optima.

 

They wanted a CCJ but as I was in financial services at the time I managed to avoid this with some sort of charging order.

 

The paperwork was drawn up in my name only despite the mortgage and property being in joint names of myself and wife

and only consisted of a one or two page document, however, their charge does appear on a land reg search.

 

I have been paying a monthly amount for the last 10 years for an original debt of around 10k.

Every now and again they request an income/expenditure form with proof of income which I ignore.

 

This time they have said unless I respond within 7 days they reserve the right to issue an order

which will require me to attend court to give details of my financial situation.

 

They have indicated that failure to attend such a hearing can result in imprisonment.

 

My question is,

 

can they enforce this and also is the charging order enforceable in my single name only.

 

Many thanks in advance.

[fkofilee]

No... Its an empty threat designed to intimidate. And I&E is only to be done if you really want to.

Just respond to them saying that there is no change to your financial circumstances... And that payments will continue on what they are doing now.

 

A judge will only make you pay what you can afford and an I+E is only really forced on if a judge requires it.

[dx100uk]

are you sure its a CO?

 

 

and not a tomlin order

as they'd need a CCJ to get a CO from that era

 

 

something smells here

 

 

dx

[Andyorch]

are you sure its a CO?

 

 

and not a tomlin order

as they'd need a CCJ to get a CO from that era

 

 

something smells here

 

 

dx

 

Unless it was a voluntary Charge (Restriction) DX...if as you state the agreement was reached (we assume by way of a Tomlin Order/Consent Order ) then the level of payment increase would have to be stated within the terms of the Consent...if not then both parties would have to take it back to court to alter the consent.

 

Regards

 

Andy

[m17837]

Hi

 

 

Many thanks for your reply - just checked and its a simple one page doc titled 'Voluntary Charge' between me and the car manufacturer. Does that make any difference to anything?

Many thanks

[dx100uk]

whatever else you do

I'd be getting an sar off the original creditor.

 

 

I bet you've heeps PENALTY charge

PPI/GAP/Warranty and all manner of stuff to reclaim.

 

 

who was the OC?

 

 

dx

[citizenB]

Unless it was a voluntary Charge (Restriction) DX...if as you state the agreement was reached (we assume by way of a Tomlin Order/Consent Order ) then the level of payment increase would have to be stated within the terms of the Consent...if not then both parties would have to take it back to court to alter the consent.

 

Regards

 

Andy

 

Hi

 

 

Many thanks for your reply - just checked and its a simple one page doc titled 'Voluntary Charge' between me and the car manufacturer. Does that make any difference to anything?

Many thanks

 

Was there a Tomlin or Consent order ? Does it say anything about increases ?

[m17837]

Was there a Tomlin or Consent order ? Does it say anything about increases ?

 

Hi, it says 'voluntary charge' at the top of the document and nothing about increases. Original agreement was with BMW finance. Many thanks

[dx100uk]

urm.. a voluntary charge that doesn't appear on Land Registry..urm..

and you are paying optima or BMW?

 

 

have you ever had any kind of statement annually?

 

 

me thinks its time for an SAR to BMW finance

 

 

I hope they've been getting these payments..

 

 

and you say its a signed document between you and BMW..

so why ar you paying optima...

 

 

sorry still think something smells here.

 

 

dx

[Andyorch]

" The paperwork was drawn up in my name only despite the mortgage and property being in joint names of myself and wife and only consisted of a one or two page document, however, their charge does appear on a land reg search. "

[dx100uk]

must be going blind

[Andyorch]

must be going blind

 

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