Just to say Hi all

[seasmells]

Hi, everyone!

 

I have just come across this site. It makes very informative and interesting reading! Looking for a bit of advice about a CCJ I have had for a while. This was for my car which I found I couldn't hand back to the finance company as they told me it was on a personal loan from them?! I thought this was a bit odd at the time especially as the settlement figure they quoted me included all the interest on the "loan". Just wondered if this is normal and what happens to the payments at the end of the CCJ (2 years away) - do they go up? I also can't get rid of the car as it still shows outstanding finance on it. (weird if it is a personal loan?)

 

Any help or guidance on this would be very welcome!

 

Have also had problems with Capquest and so have been giggling to myself at what other posters have done to them! Capquest have gone quiet for now after 2 complaint letters about their bullying tactics - should I be worried about this or are they just plotting something bigger?!

 

The law can be so complicated at times so it is a bit help having sites like this!

[42man]

Welcome to the CAG forums SS...Have you sent off a SAR to the original creditor with regard to finding out more ? There is also a chance they might possibly have added some excessive penalty charges too !!

[seasmells]

Hi 42man, thanks for replying. Did you mean a SAR to my car finance company? No, I haven't done this yet. Would it be to the original finance company I send it to their solicitors who are handling the CCJ? Do you know how I go about sending this as I am new to this site and am still reading other peoples posts about similar things! All I know really is that the settlement figure they quoted me years ago was for about £9000 and I had already paid off £6000 for a car that cost approx £10000. I was expecting the settlement to be about £4000 but they said I had to pay all the interest!! I then couldn't afford to settle so wanted to give the car back but they said no and then told me it was a personal loan so I couldn't do that!! I asked them to send me proof it was a loan as for the life of me I couldn't remember. They sent me a photocopy of the fax of the front page of the credit agreement which I had signed which dd say at the top that it was a personal loan!! But I have moved house since then and cannot find all the original paperwork an if I am honest I can't remember having it in the first place!

 

It is my New Years resolution that I am going to sort this car out this year so any other help would be much appreciated!

[42man]

Don't worry...please ask away...yes the SAR goes to the original creditor, and use the one below. One question when the CCJ was granted did the judge allow interest to be added to the judgment debt ?

 

Unfortunately this costs £10 (send postal orders if you can and send recorded) but hopefully you will know where you stand as a result of sending this.

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

PLEASE NOTE - IF YOU DO NOT HAVE THESE DOCUMENTS OR ARE UNABLE TO PROVIDE ANY COPIES PLEASE CONFIRM THIS TO ME

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[seasmells]

Thanks for that 42man, you have been most helpful. Just to clarify, I send this to the original creditor? If so, who would I address it to an would it be their registered office or their headquarters?

 

I only received a letter after the court date (which I didn't attend to defend) from the finance company saying that I owe them £12,000ish now due to costs involved in taking me to court (I think, I cannot find the letter, was extremely ba at keeping things back then) and that interest would continue to be added. Oh and they also sent me a payment book with that which was most kind of them I must say!! I can't remember having anything from the court afterwards, would that be normal?

 

I will get this letter sent off in the next couple of days when I get a postal order from the post office. I will keep you posted.

 

Does anyone reading this know if the finance company should have a charge on the car so I can't sell it even though the agreement is a personal loan? It has done a high mileage now and I could do with changing it!

 

Thanks

[42man]

Send it for the attention of the Data Compliance Manager at their head office, they have to comply in 40 days or you send them a letter headed LETTER BEFORE ACTION and remind them of your request and give them 14 further days to comply.

[seasmells]

Thanks. Will keep you posted