URGENT!HELP! Been threatend with Welcome finance baillifs,want money within 24 hrs

[carlafandango]

in 2003 I bought a car on finance with my ex, the car was repossessed. I had the gap insurance and assumed that that was the end of it, as I had not heard anything different. Today I am notified via my aunt(she was reference on paper work I no longer have), that I need to call a Simon Jones on a Welsh number. I do so, £7k is owed, half by me and my ex. They say cos I have contacted them I may be let off with paying £2k back within 24 hours!!! Bailiffs will come to seize goods if not. Now, I am totally broke, after my wages went in today I am left with £50! I have two children and I am still recovering from my exs debts. The company do not know where I live yet but have my phone number and I am sure I heard Simon on the phone say they would go to my aunt if I didnt pay. Anyway I have to call him tomorrow once hes spoken to his director of Go.net(??) to see if they will let me pay the £2k but will need to be within 24 hours. What can I do if anything???

[carlafandango]

Must also say I have never had any paperwork or letters to say I owe money, this is the first I have heard from them since 2003 when I paid them money for a loan back in full. I am now married and I have moved but we are having financial difficulties. I do not know where my ex lives as it was a violent relatioinship and police were involved, hes not allowed anywhere near me. When I spoke to a woman from the company at first(before simon), she told me to send through proof of police involvment and that they were sure that I could pay in installments, funny how different a man who is dealing with my case acts differently.

[WWOW]

This probably isn't bailiffs, its debt collectors and they have bought the debt.

 

Its up to the new owner of the debt to see how much (if any) they can get out you. NEVER admit the debt & they don't have a leg to stand on.

 

If they say they are bailiffs then ask for a copy of the Judgement and Warrant of Execution and ask for their certificate number and issuing court.

 

Your aunt might have been a guarantoor for the car finance, she may well be liable for unpaid debt. She must get a solicitor.

[carlafandango]

Thank you for replying. My aunt was a "referee"

 

I have spoke to the company and said I thought my debt was paid cos of the gap insurance, so I suppose I have admitted the debt. Can they make baillifs come if I dont pay money with in 24hours? I dont own the furniture in the house outright. All I want is installments!! They wont allow it

[carlafandango]

My aunt was not notified and didnt sign anything so I presume she is not a guarantor (sp)

[IdaInFife]

Do you know who Simon works for? Welcome or a dca?

 

The first thing you would need to so is send either a CCA to check to see if the have the agreement or SAR to see what you paid against amounts reqd for repossesion etc or both.

 

I would not speak to them on the phone and if they call your aunt she can request they remove her telephone number from their database.

 

 

Idax

[WWOW]

Nothing you have said indicated they have a warrant of execution, ask them if they are bailiffs and if so, ask for their certificate number.

 

Something about this doesn't sit right. I think you would be better asking questions in the debt forums.

[carlafandango]

The company is GoDebt and hollis briggs.

They have said they will instruct bailliffs

[WWOW]

They need a county court Judgment and a warrant of execution addressed to the bailiff.

 

It also looks like you had an insurance policy that has failed to perform to contract. Just hand them the policy schedule & let them sort it out between themselves.

 

They must never threaten you with anything while trying to obtain a money transfer from you, & if they do then they commit a criminal offence under Section 4 of the Fraud Act 2006.

 

Just tell them you don't owe them any money - don't know what your'e talking about. They have the burden of proof & you want to see a CCJ and warrant addressed to the bailiff before discussing further with them. NEVER phone a debt collector, NEVER admit the debt, NEVER volunteer information. You are under no legal obligation to do business with a debt collector.

 

If they harass you then contact police and report them for committing an offence under Section 2 of the Protection from Harassment Act 1997.

[carlafandango]

I have been on the car credit complaints website forum, its fab!

 

I have looked at their advice and contacted stephensons solicitors who are helping me, I can sleep!