This is a frustrating situation and time is pretty limited so hopefully someone may be able to help.
Lol due to the fact that i'm the family banker this post is on behalf of my partner
last year our daughter acquired some equipment and used Admiral Leasing, (my partner was the guarantor).
The equipment was not proving to make the profit that was required and our daughter contacted Admiral Leasing, explained that she could not afford to keep up the repayments and asked for a solution.
She was informed that they would collect the machine and it would be resold.
She was then told that they would negotiate a payment plan for the balance after the machine was sold.
In August 2016 our daughter and my partner received a letter of termination, this included the outstanding amount.
Our daughter phoned and enquired about the letter and was informed that this was a default template generated by the computer and that there was nothing to worry about, they would negotiate the balance as soon as the equipment was sold on.
On December 29th 2016 both parties received a letter for a county court summons from Admiral Leasing for the amount of £6,479.48.
We were a little bemused because on reading the Plaintiff comments:
- have contacted parties on numerous occasions to resolve outstanding balance,
have supplied all necessary paperwork, no resolve.
Prior to the court summons my partner received no correspondence what so ever from Admiral Leasing or their acting solicitor.
Our daughter did not receive any correspondence either.
She contacted their acting solicitor and was told that he had sent her numerous emails,
she said that she had not received them and could they resend,
to date she has not received them.
She also pointed out that she had phoned several times to check on the situation with the machine sale,
she was told not to worry as they would contact her as soon as it was sold.
Furthermore she offered to make a payment plan which they would only accept if we put a voluntary charging order against our property. We were not prepared to do this.
We spoke with a solicitor and explained the situation,
they contacted the Admiral Leasing acting solicitor and offered payment of the outstanding amount which was left after the machine sale £5577.26, they stated that we would not pay costs as we had not received any correspondence.
The acting solicitor refused and said they wanted the whole amount.
Our solicitor then just said pay it as its not worth the cost of proceeding.
(should we just give in and pay the extra £1000.00?)
We do not dispute the machine balance and have offered to pay,
we do dispute the costs on the assumption that had they sent a request of payment to us after the machine was sold, we would have paid.
Also should they not have sent us a default notice or a letter before action rather than a court summons?
does the credit agreement not protect us against this?
It seems like their solicitor has just jumped the gun to stuff an extra 1000.00 in his back pocket!
Any advise would be grateful,
unfortunately due to the time it has taken to process information with the parties involved we now only have until Thursday to reply.
Thanks in advance