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Patricia Pearl - Small Claims Procedure - A Practical Guide
An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.
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Old 30th June 2009, 20:57   #1 (permalink)
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Default Car Finance

Hi

I had a problem with car finance 10 years ago. I paid £800 deposit, 2 monthly payments of £250 but ourcircumstances changed and it was impossible to keep the car. I handed it back after 2 1/2 months with only 200 ish miles extra on the clock, taxed and MOT'd (which it wasn't when I bought it). Despite this, I was persued for the full amount and the sale of the car was not offset against against my debt.

I thought this was very unfair, but as we agreed to repay at an amount of £15pm I just left it. Now I have paid around £1800 plus the £800 and £500 monthly payments so that's a total of £3100 for a car that cost around £4000 and had it for 10 weeks and returned it in better condition than I bought it in.

If I cancel the £15pm payment to Westcot Credit Services, are they likely to persue me?

Thanks for any help.
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Old 30th June 2009, 23:17   #2 (permalink)
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Hello and Welcome, Sir Trev.

I'll move this thread to the appropriate Forum, where hopefully you'll get some help.

Regards.

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Old 30th June 2009, 23:31   #3 (permalink)
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Default Re: Car Finance

Welcome.

yes.

There is loads you can do about it so don't worry.
How long have Westcock handled the account?
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Old 1st July 2009, 10:23   #4 (permalink)
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Quote:
Originally Posted by kurvaface View Post
Welcome.

yes.

There is loads you can do about it so don't worry.
How long have Westcock handled the account?
Ever since I have made the patments, so around 10 years. I haven't spoken to them for a very long time, just kept the £15 pm standing order.
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Old 1st July 2009, 10:32   #5 (permalink)
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The chances are then that they don't have the correct paper work to enforce any agreement. I think from what I've read elswhere, if you stop the payments, then they pester you, CCA them, and if they can't produce, you pay nothing
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Old 1st July 2009, 10:47   #6 (permalink)
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Thanks, that's what I was thinking but good to know I'm not being stupid!

My wife had 2 CCJ's from the same time (it was a tough time!!) and do you think this is a similar position or is it different as it is a CCJ?

I really appreciate your help
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Old 1st July 2009, 11:05   #7 (permalink)
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I understand that CCJs don't go away just like that. You can have them set aside or the claimant can ask to have it enforced, however, From what I've read on here, a judge would not be sympathetic to a claimant who has had plenty of time to enforce and has done nothing.
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Old 1st July 2009, 11:53   #8 (permalink)
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Quote:
Originally Posted by kurvaface View Post
I understand that CCJs don't go away just like that. You can have them set aside or the claimant can ask to have it enforced, however, From what I've read on here, a judge would not be sympathetic to a claimant who has had plenty of time to enforce and has done nothing.
Ok thanks for that. I'll do a bit more research before cancelling that one though. I somehow doubt they have the paperwork for this, and guess that they wouldn't be able to enforce if they can't produce the paperwork from about 13 years ago.

Cheers!
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Old 20th December 2009, 13:50   #9 (permalink)
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Any news on this?
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