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cazzalyn

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  1. Asked for and received a copy of the original credit agreement from Motormile. This shows very clearly that if we have paid at least a third of the amount payable the goods (car) cannot be taken against our wishes unless there is a court order. There wasn't one. As the car was taken back without our written consent we can claim back any monies we have already paid on the original agreement. Just a little over £4,000 was paid and £3,006 remains outstanding. Now, since six years has gone by with no contact from anyone concerning this debt it is now no longer pursuable under the Limitations Act 1980. Also received was someone else's Notification of Balance Oustanding. So we know know that M..... X... has an oustanding balance which this company, Motormile, are chasing we also have this persons full name and address. Therefore Motormile cannot make claim on this debt but has even broken Data Protection by not being careful to whom they send other peoples info to. I have now informed the Information Comissioners Office for breaking this law (possibly breaking I will add) If Mm carry on chasing this 'debt' which is no longer 'chaseable' we will pursue our own claim which is certainly quite a bit more than what was owed ..In the long run we may come out of it a little better off than Mm by over £1k Hope this makes sense cos it does to me Also am I right in thinking that we may have come to a point where MM can only back down?
  2. Thanks Nish. I just keep getting the same advice and have been in touch with OFT and have received more from them so gets what s going to happen? Yup Motormile can shove it. We know it was dismissed and we have been told its upto them to prove otherwise. It's no longer worrying us as we know we are in the right. Thanks again for replying
  3. In fact I am now thinking that its been longer than the 9 years I originally quoted as we went on holiday not long after getting the car and my youngest was about 6 then and she is now 17. We have had no contact from anyone for about 7 years now in regards to this.
  4. Thank you for replying. As this debt occured about 9 years ago we do not now have any papers relating to this. We have moved a few times since too. I am aware that we had paid almost, if not half, of the full credit amount so not sure if this actually goes in our favour anyway.
  5. About 9 year ago hubby and I went HP for a car and since he was working and able to make payments we went ahead. Unfortunately hubby lost his job on health grounds and we found it hard to make re-payments. The car was re-possessed fromour home address. The debt was eventually passed from British Credit Trust to Gothia ltd but when it went to court the debt was dismissed which meant we were not liable to pay anything. Apparently the car had been used illegally after leaving our possession. Bearing in mind this all happened about 9 years ago we recently received a letter from motormile finance giving us notice of legal assignmentof this debt to motormile finance uk from original creditor BCT. I emailed neil petty and explained the whole matter but he is now insistent that we make payment of £100 per month. We have been in touch with DVLA who confirmed that hubby hasn't been the registered keeper for a long time. I have read other posts about this neil petty and now wonder where we actually stand with this debt. Since the court has already dismissed this case are we actually liable for it now? My husband has a lot of medical problems and this matter is now causing far more anxiety than he needs. Any advice would be greatfully received. Sorry to have dragged this on but my blood is now boiling as it seems we are in the process of being conned..
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