Thanks PGH7447, is that the case even though, the agreement was taken out in England in 2001 ?

Marlin is an online finance car agreement. The default was given in dec 2004. Should I leave until dec 2009 to show the 'status barred' card ? (I am in Scotland however, the agreement was taken out in England so would the limitations be 5 years or 6 years ???) Or do I open the can now as it will take two months for them to find the agreement and for the charges/PPI/value of the car when handed back to be deducted ! I cant just leave them there because they are affecting my wifes credit rating.

Anyone ?

No, they are not defaults. These are balances sat on her credit record which have not been requested by the respective companies. I really need advice on how to tackle this first and foremost to understand the best way forward.

My wife has two bad entries on her credit record. The first is Welcome Finance for £3k despite 50% of the balance being paid and the car being VT'ed over two years ago. The second is for Marlin for over £6k. Again, this car handed back with more 50% being paid. Whilst I do not want to open a can of worms, I want these entries removed but will not be able to do this unless I write to each company requesting the entries to be removed. My queries are as follows: 1) Should I CCA and SAR both companies to ensure that the 50% of the agreement amount has been paid ? 2) My wife does not work and receives no support as my salary exceeds the income based assessment to be able to receive jobseekers/income support. How can they attempt to recover payment when my wife has no savings nor income ? Any help would be appreciated.

Being hassled over a debt that has already been paid ? Or being hassled by a Creditor ? Read on....

Yes, the HP as wih Welcome Finance. With regard to the 50% of the agreement being paid before VT, this is contrary to this advice: National Debtline England & Wales | Debt Advice | Factsheet 16 How To Deal With Hire Purchase Debt Namely, this paragraph: "You do not need to have actually paid the 50% to be able to terminate your agreement, although some creditors say you do. All that is necessary is for you to give notice to the creditor in writing that you are terminating the agreement." Is this correct or is it a guideline which is never put to use ???

As above noted, the terms are 50% in order to VT...this is not my question....is the residual value of the car allowed to be included within the 50% ? Also, do you have to have paid 50% prior to VT or simply that you will pay 50% and hand the goods back?

Anyone ???? !!!!

My wife took a car out with WF in 2006 and after two years of repayments decided that she could no longer afford the payments. Despite numerous attempts at trying to hand the car back, WF were reluctant to help...therefore, we dumped the car at the reception of WF's offices ! I was quite confident at the time that we had paid 50% of the agreement and as such, were allowed to terminate the agreement voluntarily. WF turned up on the door two weeks ago requesting nearly £3k in payments ! After I told them where to go (and to put all further correspondence in writing), it turns out that we paid £400 below 50% of the agreement. I am waiting for the balance of transactions to determine what charges have been applied that could be disputed however, this is a flimsy case.... Our main argument to WF is that the amount paid to date plus the resale value of the car (£700) actually exceeds 50% of the agreement and that no balance is due. WF are adamant that 50% has to have been paid prior to voluntary termination and therefore, they now want the full amount (less a goodwill gesture for swift settlement !). Who is right ? Can anyone point me to the section of the CCA which deals with VT.... Thanks

Exactly....however, you are one of a few mate !

It would have been cash upfront knowing legal types !

I thought this might happen.... I believe it is for the pursuer to state their reasoning in full for the recall and it is likely the Judge will determine whether it should be recalled.

It feels good when you can through a few swerve balls in there mate and well done, however, like you say it is just a matter of time now ! I have been made an offer which is very close to the claim figure however, does not have the amount of legal fees and expenses that they would be claiming if a judgement was made... Am in two minds, whether to just accept or to make a counter offer....

I contacted Nolans yesterday and after a very polite conversation, they stated their client would make an offer of settlement however, this figure is very close to the amount claimed ! One thing I stated was that the POC was frought with a number of inaccuracies however, he advised that in the case of the POC details being incorrect, it was normal practice for the Judge to allow the pursuer to adjust the POC's at any time prior to a judgement being made.....Is this true ? Anyway, their agents motion will be to request one weeks extension to enable consideration of the offer. Should I make a counter-offer or just accept it ?

hmmm.....interesting....so intimation is the key in Scotland...thanks Rory... I will go empty handed on Wednesday and let the mouth do the talking

Okay will do that...thanks.... BTW, I didnt know about the Law of Property Act not applying in Scotland....is there another piece of legislation which is used instead ?

Do I need to prepare anything for Wednesday in order to request additional time for the preparation of a defence given the fact that the documents were only received today ? If I am asked what my defence is going to be based on, I will advise the Particulars of Claim are factually incorrect (the amounts shown in the statement of account are not the same as the amount claimed). Also, is the NOC in contravention of the LPA: Shouldnt the NOA come from Egg advising that the specific debt has been assigned to Hillesden ?

Rory, I have just had the second inventory of productions delievered by the postie which is a statement of account. The balance amount is different from the amount claimed in the Particulars of Claim...surely, this is a huge discrepancy ? The amount in POC is approx. £30 cheaper however, that is still a discrepancy ?

Okay one last question....at worst, if this is paid in full prior to the hearing, could the pursuer not seek a decree for sheriff court fees ? If so, this would still leave me with a ccj, wouldn't it ? Where does it say that it settled within one month, it will not be entered onto credit record ?

Rory, I have answered your questions above....do I have a case to defend ? Here are the POC's: In point 2 it states that the "defender borrowed xxxxxx"....this is the amount claimed by the pursuer however, factually this is incorrect as I did not "borrow" the amount the pursuer is chasing...is the claim flawed on this basis ? It also states that the account was assigned to Hillesden on 5/4/07 however, the NOA states a different date (30/3/07) ?

I need some help on this as I am unsure what way to go....do I play the delay game by asking for more time to form a defence on the basis, I had only received the documents five days before the hearing or do I lay down my defence now (If I have one !). Any advice on what way to go with this one ? If I offer Payment or action payment of this, what would happen in court...could the judge still make a judgement even though the debt has been paid ? I really do not want a CCJ and am beginning to worry now !

Interesting....I would not have a clue on how to draft a defence for the multiple agreements arguments...any ideas. Also it must be noted that the POC states that the defender borrowed X amount of money which is not the case....and therefore, surely the claim is flawed on this basis ?

Thanks Rory, will post them up tonight..however, from what I have been reading Egg CCA's are pretty much bullet proof. My wife tells me that the CCA is signed, has t&c's and also a notice of assignment from Egg to Hillesden. If worst came to the worst, and I was to settle this in advance of the hearing, would I be able to avoid a CCJ.... My credit rating has only just come good again and I dont want the CCJ at this time as we are due to remortgage in August.... Details of Information sent: NB. The ID the 1st Inventory refers was supplied however, not posted here for security etc. 1st Inventory: http://deltrumweb.com/scans/1stinventory.jpg 1st Page of CCA: http://deltrumweb.com/scans/eggcca1.jpg 2nd Page of CCA: http://deltrumweb.com/scans/eggcca2.jpg NB. It is unknown whether this was on the same piece of paper. Notice of Assignment Page 1: http://deltrumweb.com/scans/NOA1.jpg Notice of Assignment Page 2: http://deltrumweb.com/scans/NOA2.jpg Notice of Assignment Page 3: http://deltrumweb.com/scans/NOA3.jpg That is all of it....first thoughts ?

Some documents received today...will scan them in later and post here. Am gutted, this leaves me five days to compile a defence !