CCJ re RCI financial

[Lady never again]

Not sure if anyone can give me any guidance on this one as it is going back a while.

 

Back in 2009 my husband who was a subcontracter at the time was working away

- he had bought a nissan xtrail on finance a couple of years before

 

 

- as the recession hit his work dried up and consequently he fell behind with payments

- It got to the point where we thought we cant keep the car and as the fianace company were not willing to offer any kind of assistance

we wrote to them and asked to hand the car back

 

 

- I have to admit at the time we were going through such an awful time financially that we were not on the ball -

in the January of 2009 they came one night and took the car away

 

 

- In the march we received court papers re a ccj for the rest of the money owing on the agreement

- We knew we had paid quite a bit back but were still shocked as they claimed we still owed £10,876

- they had included all of the interest which would have become due.

I think we thought there was nothing we could do

 

 

my husband had an offer of 2 weeks work up in scotland when the court date was on he couldnt make it

the ccj was granted.

 

 

we have been paying £60 a month ever since never missing a payment.

I thought I had lost the original credit agreement from the car loan but I have been clearing out paperwork and I have found it -

 

The amount of credit was £23,314 the interest was £7,239

 

At the time they took the vehicle back at our request we had paid £15,223 back and they got £4,833 from selling the car- which was ridiculously low

 

on the credit agreement from Nissan it says that we had the right to end the agreement

- it s ays that if we had paid £15,379 and handed the car back

they would not ask for anymore money. we have paid a further £5000 to them.

 

Obviously in hinsight I should have looked into this

I asked and asked for help from the company

when I mentioned about returning the car it was never mentioned that I was just £154 short of paying back the half required

 

 

- Is there anything you can suggest we can do about this

because we are still required under the court order to keep paying for probably another 5 years

 

 

- Salans dealt with all of this at the time

[dx100uk]

usual trick they pull sadly

 

 

they took you for a fool and did a voluntary surrender

 

 

when it should have been a voluntary Termination [50% mark.)

and you don't have to be at that point either to VT a car finance HP.

 

 

cant really see theres and aweful lot of can do this far down the line.

 

 

did you get done over for repo fees

and also made to take out various warranties or insurance on the agreement?

 

 

all of these are reclaimable.

 

 

was it def the finance co that did court?

[dx100uk]

urm lots of threads on RCI here

 

 

crafty lot by the looks of things

 

 

took loads of people to court when they'd already closed the company

and thus had no interest in the vehicles finance at all.

 

 

lets see what happens.

 

 

dx

[Lady never again]

it was RCI Financial services as the claimant - but Salans was the address we had to make payment to and Salans who sent us the info re the court order- I guess we werent really switched on back then - too busy having a meltdown, we nearly lost our home too - tough times!!

[dx100uk]

I bet if you scrath the surface a bit here

 

you'll find RCI aren't getting any of your payments

 

nice lining for salans pocket going on I bet.

 

you should be paying the named claimant not their sols.

 

ever had a statement from them...I bet not!

 

dx

[Lady never again]

you're right we have never had so much as 1 item of correspondence from Salans or RCI

from the moment the payment plan was set up in 2009 and I had to do that through Salans

 

 

- I feel well and truly duped!!

[dx100uk]

me thinks you need to start gathering info

 

 

an sar to RCI might be a start.