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**urgent Help Required Re Court Action**


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I have been VERY silly and manage to get myself into trouble with a car finance agreement. I could not afford the repayments so wrote to them last year (August) asking them to come and take the car back under the terms and conditions of the agreement. Unfortunately, I couldn't find my paperwork at the time but just assumed the type of agreement I had allowed me to do this (all previous agreements I have had with GE Money have been the same).

 

To cut a long story short, I did exactly what I shouldn't have done and ignored all their letters (in fact, I didn't even open them). I'd had a bad year, my oh was made redundant and we had a few health issues as well. I just kept putting off dealing with it.

 

Anyway, due to my own stupidity I have received a court summons and missed the return date for applying for time to pay. To be honest, I thought I would have had the money to pay the DCA back but wasn't able to get the money in time. However, there is a chance I may have it before the hearing date.

 

Should I therefore just chance my arm and send the time to pay form back today (hearing date is 21st - this Thursday) or leave it and wait on the decree coming in and then pay it? If I do this, can the decree be erased from my records (or do the court wait a while before entering it on my credit record - if so, does it still get registered if I have paid in full)? Is it too late to seek legal advice?

 

The added problem is that if I have an unsatisfied decree then I am likely to lose my job. I work for a major financial institution who perform yearly credit checks on employees.

 

I apologise for the long post but I am really desparate now. Any advice would be really appreciated.

 

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Hi Cath

 

As far as I understand once the decree has been granted and you pay the oustanding amount within one month, the decree will not be registered on your credit record. If you had asked for time to pay and this was agreed with the original creditor the decree would be issued and marked on your credit file and would stay there for 6 years. If you have the money and are worried about your credit file I would pay the outstanding monies. It might be worth contacting the court to advise of this.

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as above you have 28 days to pay the decree before it is recorded on your CF

 

ida x

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Sorry this is a long story but i am desperate for help or knowledge. i have terminated my car agreement as i paid 50% of the total agreement they picked the car up in march and have just sent a threatining letter suggesting they are willing to take me to court for an outstanding £900 balance i owe so i called the company and they said it was cause my last 4 payments bounced which i thought was funny because i was despreate to get rid of the car i made sure i had payed up to 50% so i could terminate and got transaction codes from my bank making sure the amounts where paid each month they came back 2 days later stating that i did not now owe £900 but it was now £237 and if paid it on the friday of last week the same day they phoned they would not take it any further i asked them for a break down or letter confiming this new amount as to why i owed the money as i had no letter sent from them prior to this and they refused to send without a payment of half of the new amount.

 

So they then told me they would send a court letter bla bla so jump forward a week and a receieve another call from them saying they are willing to offer a deal to settle the account but less than the origanal amount i supposedly owed (£900) but more than (£237) thay have this morning now sent i new latter stating i now owe them 1700 i am totally lost should i go to a lawyer or what should i do as i know i do not owe them money as i have kept all my paperwork in order?

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Hi Jordan,

 

You really need to start a thread of you own so helpfull caggers can see if they can help.

 

If you go to the forum and click on NEW Thread and repost there

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

Please consider making a small donation to help keep this site running

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Hello Jordan, please start your own thread and then we can comment accordingly as Ida mentioned above.

 

Hello Cath, how did you get on with your problem? Did you manage to pay in full on time? Do you know much about GE agreements? I've been speaking to Arcadia group about there paperwork, but they aren't much help as the credit they supply is provided by GE.

So I need to SAR GE to get the info I need I think.

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PLEASE NOTE - I am not a legal expert, my comments are based on information learnt or

obtained and from my own experiences.

-

Case 1 - C L Finance - Court Case 'Stayed' :-). Stay Lifted - N149 AQ Received & Filed. Case Struck Out :grin:

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Case 2 - C L Finance - Defence Filed. N150 AQ Received & Filed. Case 'Settled by Consent' :)

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Case 3 - EOS Solutions - No Agreement - Account Closed ~£3500. :grin:

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Advice & opinions offered freely but informally, without prejudice & without liability.

Use your own judgment and seek advice from a qualified and insured professional if you have any doubts.

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Hiya I agree with the above. However I am concerned that you can lose your job over this. Sounds totally illegal. Long as you do your job to the companys standards. There is no way they can fire you. Could you please supply more details of your contract.

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