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tofster213

Xtra Finance charges

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Hi

 

Was Hoping i could get some more advice from this great forum

 

I recieved a loan last year for £1000 from a company called Xtra Finance ,half way throught the loan i missed two payments due to partner losing his job .When this happened Xtra Finance very quickly sent me out a ccj so i carried on paying my loan to them as arranged .Now my loan has come to an end so i thought .This mourning i recived a letter from Xtra explaining that i have over £500 worth of charges becauce the account whent legal over me missing two payment .I have never missed a payment since then. So i called them and asked why it was so high and the lady was really rude and explained that they have a judgement against me from last year for the missed payment and i have to pay these charges when i explained that i was not in a situtation too pay the charges she replied well u have been paying the loan so far so why carnt you pay the charges :evil:

 

Does anybody have any advice on whether i have to pay these excessive charges as they say they have a jugdement against me

Thanks for any advice :D tofster213

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Did they issue you a default notice and did you get notification from the courts of the claim and judgement?

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i think they sent me a default notice and a letter saying it was going to court cannot remember anything else . The lady this mourning was saying we have a judgement so i am not sure what that means sorry if im a bit vague

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They should have sent you a default notice after a few months of being in arrears. If you failed to rectify the default (by paying the arrears and bringing your account up to date) they can then issue a claim in the courts. The court would send you a set of forms. You should have acknowledged the claim and chosen to accept it or to defend. Only after this would they get a judgement, depending on what choice you made. The court would send you a copy of the judgement stating how much to pay each month to clear the amount stated on the original claim. If you have paid the amount of the claim in full then the CCJ is satisfied.

 

Did all the above happen, and what action did you inform the court that you wished to take (defend in full, defend partial or agree)?

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no i did not inform the courts of anything i just carried on paying the loan ,also when i contacted xtra they said to me because you have not missed a payment since last year we can reduce it by £100 which i thought was strange thanks for your help .If the court did send me a ccj and i didnt replie to it what would that mean

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It means that you would have received a judgement by default. It is possible to attempt to get the judgement set-aside, but you would have to have a good case for arguing that there was a fault with the claimant's case against you.

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what if i carnt afford the payments they want me to make should i cca request them thanks for advice:)

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Once a CCJ has been issued then a CCA request is no longer valid. The best option now would be a Subject Access Request, which will cost £10. Ask for full disclosure of all records they hold on you. There's a letter template that you will have to adjust to suit, as it's more biased towards reclaiming bank charges.

 

Off out now, so I won't be around for the rest of the day.

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ok thanks for all advice :)

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