They can come after you for the shortfall, ie the diffrence between what it sold for and what your outstanding balance was. But not the entire balance outstanding. with my repo my mortgage co chased me for the difference, ie £119,000 ish balance outstanding £73, 000 house sold for £46, 000 shortfall, It is the shortfall that I was being chased for, however after going to court recently and showing the Judge that losing our house was just the beginning of a very quick decline in our lives, and that now we just cannot afford to pay the shortfall end of..... Judge was very understanding and wrote the balance off.... yey...

bump

thanks for that, ohhhhhhhhkay then, yes i think your right in that there should have been a bill of sale from 2007, I think you need to be getting ALL the paperwork from MM, you may need to send an sar, (subject access request) they have 40 days to send it all, so you need to be sorting that time order too...(jus in case) DX, do you have any other "useful" suggestions for this op?

hi, sorry not been about have been very busy today, ok the form I found on the court sercvice web page, under forms and leaflets.... hmcs.gov.uk...... on your drop down menu's you need to select, forms and leaflets, then county court, it will give the option then to find the specific form you are looking for. When it loads into the search box, it will go purple, click on it and will load the form in pdf format. The loan, you say you didnt sign for, yet your original conern was that you had a loan in 2010, forgive my ignorance, you may previoulsy have mentioned, but that is a difference of three years, did you refinance the loan with them after that time in 2007? The bill of sale on the face of it seems accurate (ish) in the fact that it stamped within the allowed time frame. Can you scan it onto the forum, removing any personal details re yourself.

hey, as this is a web based forum with people all over the uk, I doubt there is a central fax number for you to use, although asking doesnt hurt.... Ok in that case then, we need as much detail as you can provide... You say your 100% certain this is an HP agreement, basically you pay x upfron followed by x amonth for so many months at the end you own the car no further payments. Is that right? If this is right, if you have paid more than 1/3 cygnet/acf should have applied for a court order, (I understand you felt intimidated etc) if they did not, naughty naughty.... have you read wannabe's thread, it will take you a while ( I think its uptos 84 pages long now) but it basically covers your situation as it is now, although wannbe is much further in.... You will find it has a mass of info on there that you could be using...... forgive me if you have already read it. From your figures you previously provided it looks like youve paid more than a third..... Did you receive a default notice? Did you receive anything that my partner would call a death threat letter, ie pay us or else letter.... I would definetly start by going through all your paperwork and check termination rights, there should be something in there.... Ive not had an hp agreement since 2009 so I really couldnt tell you where on the agreement it will be. That will say what they should do, ie send default notices, notice of sums in deafult etc etc... I wonder, have you previously been in arrears with them ( sorry to ask) I mean more than the 38 pounds you say now. You need to apply for an Subject Access Request (SAR) it will provide every email (internal or otherwise), letters, transcripts of phone calls, any administration works, charges etc etc etc, it will give you a better idea of what you are dealing with....

found it, its an N440, NOTICE OF APPLICATION FOR TIME ORDER BY DEBTOR OR HIRER. I really could not tell you how much this would cost to file with the court, but see if this helps, Wannabe would you agree to this... this is more your area...

hmmm, they cant delibratly (sp) withhold information, but it is just friday.... and I mean just, its half twelve... So ( especially if they are very local) see if it arrives today, otherwise ask if you can pick it all up personally. not found that form yet ( got called into work), will have a look while im online now..... Do any of the site guys have an idea what and where the form i mean is.... i think its called a time order, but that might just be ne being tired....

ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance.... It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

ok, dont be forced into an arrangement that you cant afford, your lender cannot refuse any payment that you make to them, ( they will moan and complain that its not what they want, but they cannot refuse it..... ) I think Ell-enn will agree that this can only strengthen your case when you get to court. IE your not ignoring yuor debt, your just asking for assistance.... It has been said many times on this forum, that a judge will not hand possession over to the lender, if there is some other option, you say you can pay and you have an I&E form to back this up. So I cant see any reason why you wont get a suspended possession order.

ok, the £50 per month.... The reasons they gave me when I wrote and requested a refund on this and several other charges was: 1. Its justifiable, ie staff, lighting, power, administration works, paper, ink and other general oveheads. 2. You signed for it, you were aware of it, so tough. 3. You didnt have to take the mortgage on if you didt like the T&C's of the mortgage. You have to argue your corner. I am starting my letter before action to them regarding this, They have until Monday to respond to my pay up or else letter.

i think there is a court form, cant remember what it is called off the top of my head, ( i will have a root around) it will allow you time to get yourself to a point where you can argue your corner. As it will be a court order, MM CANNOT sell your car. But you have to initiate it and you will be charged a fee by the court, unless you get certain benefits, court will be able to advise better on that point. Did they give an explanation as to the outstanding debt? Namely why its taken so long for one and for two how they arrived at their balance?

thanks wannabe.... knew you could help......

hiya, Ell-enn is normally the one thats good with these forms, however if you have a read around of other threads, it should give you an idea of how and what to fill in, in the meantime, Ell-enn ( who works ) will be around soon.

hey, I can only offer advice from my own experiences........... I am a layman, before any one asks.... We are currently suing our broker for selling us on.... basically we were with one company, two years later as promised we remortgaged to a better, but not fantastic rate, apying £4500 in brokers fees, come to find out later that he had sold us on to the same company, just they used a different name..... the broker still charged us to do this though, just to top it all off the broker and the conveyancing solicitor are no longer trading. We have confirmed with our solicitor that this is a no no and we are now in the process of suing theb broker. We cannot sue the lender as they just offered the funds and the mortgage rate......THEY THEMSELVES DO NOT OFFER ADVICE....... that is the job of the broker, under the advice if our broker we would not have had to pay the £4500 in fees...

oh dear, sounds like a wannabe thread.... have you read the thread by wannebedebtfreesoon, she had something so very similar happen.... Seems a bit extreme, but there again when are they not? Ok, you said you owe them £38, is that correct ( I may have misread)? I would start with what sequenci said, knowing exacty what we are dealing with will enable us to help you more.... In the meantime i will PM wannabe, see if she can shed any light on suggestions for us.