GE Capital car repo CCJ from 1995 - now Aktiv Kapital issue

[Surfer01]

In 1995 my spouse had her new 1993 car repossesed because she was approximatley 3 payments in arrears and eventually ended up with a CCJ against her name. The car was sold for £1200 on auction well below its market value. The HP contract was with GE Capital.

 

The CCJ has since dropped off her credit file.

She has been paying £20 per month on this since about 1996 and still owes about £2000.

 

Aktiv Kapital are the 3rd or 4th DCA as the debt keeps getting passed on.

 

From time to time Aktiv asked her to increase the payments but we are a bit stuck due to paying off current debts and a it peeved as we felt we were mislead into handing the car over at the time.

 

Neither of us have any CCJs registered although I have a default due to Orange but that is another long story. See legalities.

 

Do you think it is worth stirring and asking Aktiv Kapital for a copy of the HP agreement as when the collection agents "southern something or other repossessed the car we were told some porkies by the collection agent like they will take the car but if we pay the arrears the car would be returned and this is what we did but the got a note advising that the car had been sold on auction but thanks for the payments you now owe us £3200!

[tomterm8]

Frankly, I think it's too late to do anything much about it, but I would SAR the DCA, and probably any previous DCA. From what you are saying,

 

1. you originally owed 3,200

2. You now owe 2,000

3. You have paid around 2880 (20 per month for 12 years aprox).

 

These figures do not add up.

 

There might have been an interest after judgement clause in the contract. However, if they don't have the original credit agreement (they won't) they can hardly enforce such a clause.

[Surfer01]

In 1993 we purchased a car and shortly after I lost my job and we fell behind with payments. Anyway to cut a long story short, the car got repossesed and sold off on auction leaving us with a debt of over £2000. We let the car go although the arrears was 3 months or about £450 as the bailiff car said that the car would be sold and would then leave us with v ery little to pay off and like foolds we believed it.

Anyway in about 1995 as the HP was in my wife's name she ended up with a CCJ. This has now fallen off her credit report and it is otherwise spotless.

It was agreed with the first DCA that we would pay £20 per month and this was accepted and we have being paying thsi amount ever since to various DCA as the debt was passed along. I think that Aktiv Kapital are now the 4th DCA to have the debt and I am getting tired of paying them every month.

Is there anything we can do to "force" their hand, i.e. request the original credit agreement etc to make this debt go away. Normally I wouldn't bother but as the bailiffs lied to us I think it is time we stood up and gave the DCA a hassle. If we stop paying the debt, is there anything that they can throw at us or can another CJ be issued to my wife. What is our legal standing regaridng this debt. At last count we were informed that there was nearly £2000 outstanding on it!

[elsinore]

Hi, Surfer.

 

You have perfect right to know exactly where you stand with this debt and you should insist on a detailed statement from AK.

 

I see you asked this question back in Novemeber and tomterm8 suggested that you send AK a Subject Access Request. Did you do so?

 

Els

[make them aktiv runners]

You can request the original agreement as this will make a useful negotiating tool.

 

The CCJ still exists but will no longer show on any court records or credit files. Was the £20pm paid as a result of the courts agreement? If so, it cannot be increased, other than voluntarily. Did the court allow further interest to accrue? If no provision was made on the actual CCJ then the debt should be reducing, rather than staying the same.

 

The CCJ can still be taken back to court for enforcement if you do not pay, but Aktiv would have to produce the original as evidence. Issue a Subject Access Request too see if the CCJ materialises.

[Surfer01]

A lot of things happened between Nov and now but I will pursue the SAR. At the time of agreeing to the £20 I was still unemployed but as we did not go to court I have no idea if the £20 is "enforced". From time to time they send out a expenditure sheet but I have never completed it or sent it back. At present we are in debt but managing however if the instalment got hiked up it may be a different story.