finance4u / corner park 7 years ago CCJ/CO now chasing after 3 yrs

[janmal2000]

Sorry its long but i thought if i explained the process it would be easier to get help.

I purchased a car with finance from their own in-house finance company.

Due to suddenly losing my job, I handed back the car within 2 months of the sale and asked them to cancel the sale, keep the 2 months payments i made and keep the car.

they re-sold the car within a few weeks of my returning it - they never disclosed the sum they re-sold it at, but i seen it in the forecourt advertised at £200 MORE than what it was advertised when i bought it so i cant see them having sold it for LESS than what i paid for it.

 

They took me to court for the total INTEREST PAYABLE on the finance, had i kept the car for the full 3 years.

I was attended a hearing but it had to be re-booked as the judge knew the finance owner. I never had another court date - the next I heard was that a hearing had taken place which i didnt attend and was awarded in the finance company favour. Unfortunaly I was suffering from severe depression at the time and was too ill to sort out these issues alone.

 

Due to not working and no income i was unable to pay the judgement and the finance company petitioned the court to have the debt secured on my property. I thought this was fine (in my nievity) as I didnt plan to stay at the house long, just try to renovate it, sell it and pay the debt out of the sale. This judgement was: OCT 2005 for £4200.

This has taken me many more years than intended (and still only half done) but i have now started having letters from the finance company stating they are charging 8% interest per day on the debt and they want the debt paid within 7 days in full or go back to court for WARRENT for POSSESSION of my house.

The debt is currently £5500. as of FEB 2009.

I am currently only receiving Income Support benefit at £60 per week. (actually £40 with deductions, excluding mortgage payments) - i cant afford to pay current living costs let alone pay anything off to debts.

 

I have not replied to this letter as I have no idea what to do.

 

1. Can they charge interest on the debt?

2. What can I do to fight this debt?

3. What is my next step? Write,telephone,ignore???

 

thanks in advance.

Edited April 2, 2009 by janmal2000
edited amounts

[janmal2000]

not replied to any letters off them

i have had letter asking for attachement of earnings (wot a joke on £45 wk income support before paying mortgage payments or living!).

 

please guys, need some advice and help

[blueboy987]

I'm not an expert but I'll see if I can help a bit.

 

First thing to do is to go back and edit your posts and to remove anything that might identify you - primarily the exact amounts involved (just change them to rounded numbers).

 

Is there likely to be enough equity in your house to pay your mortgage and the money the finance company is claiming? Remember that if repossessed your house is likely to be sold for a lot less than the current market value. If there isn't enough equity there won't be much sense in them going down that route and its something you can use with them to stall and maybe work out a repayment plan.

 

Try to get all the court paperwork together, so you have details of exactly what has happened. If you don't have any of it the court might be able to help. The staff at the courts are normally very helpful, so its worth talking to them about your situation to see if they can suggest things you can do (though they're not supposed to technically).

 

The Citizens Advice Bureau should be able to provide you with some help as well, you've nothing to lose by going there for some advice.

 

There are plenty of experts on here that should be able to help you, problem is that none of them seem to have seen your thread yet. Might be worth alerting a moderator to bring it to someone's attention, or to have it moved to another forum.

[janmal2000]

thanks blueboy

 

have done adjustments as you advised.

going to contact moderator now to see about moving post.

 

did try CAB but the person i seen there was absolutely useless - this was before it went to court.

 

unfortunatly i bought my house very cheaply 8 years ago and has more than doubled its value, but my home is the only thing i have.if i lose this i lose everything.

 

thanks for help and suggestions

[42man]

I really think in thefirst instance you should call the national debtline (their advice is free, confidential and impartial) - National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

[nowayjose]

Hi Janmal, hope everythings ok,

 

any news from CP... Im still waiting:roll:

 

Best wishes

 

NWJxx

[Markiemark1]

Hi Janmal...noticed in an earlier post you refer to the lender getting a warrant of possession for your house. It is a lot more long winded than that. Whats the up to date position?

 

Mark

[janmal2000]

they were chasing payment which i was unable to do due to ill health

they had the car back within litterally a few weeks of the purchase and sold it a a higher price than it was sold to me at.

 

they took me to court for non-payment and i attended the 1st case,

but the judge knew the owner of the finance / car dealership and couldnt hear the case.

 

i was apparently sent another hearing which i never had and i was very ill at the time and wasnt able to keep on top of the debt or chase any courts etc so it kind of all went past without my paying much attention to any of it (i just wasnt healthy enough to cope with any of it). i did give all my paperwork to a solicitor to assist me but she was worthless to the point of doing sod all. they still have all my papers which i have written and requested back.

 

I vagually remb getting land registry type papers saying that they had received a claim on the property.

all i have had since is the occasional threat letter off Finance4U which have increased this year.

I have sent them a SAR today oddly enough just to see what they actually hold.

 

any ideas?

[janmal2000]

this is everything that was sent to me on SAR request. (sorry if it isnt in order etc as i got cabin fever sorting through it all!).

 

can anyone help me on this at all as these 'people' have caused me so much worry and stress.

 

thanks

[nowayjose]

Sorry JM I cant help you Im in the same boat, hope someone will help you soon

 

Best Wishes

 

NWJ -x-

[Blossomandebony]

Hi, Janmal,

 

You can apply to set aside the original judgment if you didn't receive the court forms and therefore did not know about the hearing. You need a N244 form from the courts to do this and it costs £75.

 

However, when it comes to court, you would have to come up with a convincing argument regarding why you have left it so long. If you've suffered from depression, they will want to see evidence of medical notes etc.

 

I have heard of some people obtaining set asides after several years, but I wouldn't say it's a common occurrence. So it's a bit of a long shot . . .

 

Another route may be to see if your home insurance policy has legal protection attached to it, as they may help you defend or take action against this firm, who seem to be taking the most diabolical liberties with you. Looking through the documents you have posted I would be inclined to get an expert opinion on the exact route to take, as there's a lot of paperwork and judgments involved!

 

I'm with Direct Line and there's a legal ad - on included. Apparently they will pay for legal costs etc should I get sued or pay for me to take action against someone. Not that I've had the need to try it out yet! (and there's probably a get out clause that will allow them to ignore 99% of claims!).

 

Anyway, it's worth a thought.

 

BAE

[balaka]

Have yu considered establishing whether or not this charge secured upon the property is enforceable?

 

Sorry its long but i thought if i explained the process it would be easier to get help.

I purchased a car with finance from their own in-house finance company.

Due to suddenly losing my job, I handed back the car within 2 months of the sale and asked them to cancel the sale, keep the 2 months payments i made and keep the car.

they re-sold the car within a few weeks of my returning it - they never disclosed the sum they re-sold it at, but i seen it in the forecourt advertised at £200 MORE than what it was advertised when i bought it so i cant see them having sold it for LESS than what i paid for it.

 

They took me to court for the total INTEREST PAYABLE on the finance, had i kept the car for the full 3 years.

I was attended a hearing but it had to be re-booked as the judge knew the finance owner. I never had another court date - the next I heard was that a hearing had taken place which i didnt attend and was awarded in the finance company favour. Unfortunaly I was suffering from severe depression at the time and was too ill to sort out these issues alone.

 

Due to not working and no income i was unable to pay the judgement and the finance company petitioned the court to have the debt secured on my property. I thought this was fine (in my nievity) as I didnt plan to stay at the house long, just try to renovate it, sell it and pay the debt out of the sale. This judgement was: OCT 2005 for £4200.

This has taken me many more years than intended (and still only half done) but i have now started having letters from the finance company stating they are charging 8% interest per day on the debt and they want the debt paid within 7 days in full or go back to court for WARRENT for POSSESSION of my house.

The debt is currently £5500. as of FEB 2009.

I am currently only receiving Income Support benefit at £60 per week. (actually £40 with deductions, excluding mortgage payments) - i cant afford to pay current living costs let alone pay anything off to debts.

 

I have not replied to this letter as I have no idea what to do.

 

1. Can they charge interest on the debt?

2. What can I do to fight this debt?

3. What is my next step? Write,telephone,ignore???

 

thanks in advance.

[balaka]

have you consdered establishing whether or not these loans are enforceable at court?

[janmal2000]

i have zero idea on how to go about finding this out? help and advice is much appreciated please

[balaka]

Go to the CAB. They will point you in the right direction.

 

If you have no joy, then please forward the agreements to me and I will try my best!

[janmal2000]

is everything i have about this - hope you can make sense of it. i uploaded it in order but photobucket got it all mixed up.

 

will see if i can get any help at CAB but last time i tried them they didnt know anything to help me!

[balaka]

Pls help me - which documents in particular relate to the 2 agreements?

[Mephistopheles]

Hi Janmal,

 

lets see if I can help.

 

Step 1, yes they can apply for the debt to be secured to the property, assuming you in fact owe them the money.

 

Step 2, can they enforce it? yes they can, but you will get the chance to put your side of the story as well. If you owe this money, you have to pay it.

 

How/when etc are all points of the debate, you say you are off work ill? Will you be able to return to work soon? if so, then if you make a proposition they may listen, not paying the debt will lead to further action.

 

I'll help, but I need to understand the dynamics, what was the finance agreement, how did u fall behind, what do you owe them (i don't need exact numbers, just rough amounts) and what are your current circumstances.

 

I am completely neutral in this but I will try to help.

 

Meph