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lordmc1

Problem with Consent order please Advise

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I wont bore you with all the details but i came to an agreement on a Tomlin order with Mercedes Benz fianicial services on a car. I was the gaurantor on the car after my company folded last year. I am now in a position to pay the outstanding amount off and clear the debt. I have contacted their solicitor for confirmation of the final settlement figure and who I should make the cheque payable to. To my surprise their solicitor has told me "Our client will not be writing to you as they are no longer dealing with the above Account, we are instructed to deal with it on their behalf".

 

The email carries to say that payment is to be made to the solicitor and not the claimant. this sounds very dodgy to me. Could someone please enlighten me if this is all above board.

Edited by lordmc1
typo error

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so are you saying that you ceased payment and it got sold on or what happened?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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so are you saying that you ceased payment and it got sold on or what happened?

 

dx

 

No I have been paying a monthly figure to date, I have requested through their solicitor that Merc Benz write to me with a settlement figure and their response is in my first post. What i dont understand is why they have said their client is no longer dealing with this account and the outstanding should be paid to them (solicitors)

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thats why i asked if you had at some point p'haps defaulted.

 

dont seem right to me either.

 

i'd fire off a cca request to sol and SAR the oc.

 

lets see if the stories tally.

 

obviously we dont know the full history, but it sounds like it might not be as clear cut as it seems, p'haps already been written off, what were your past troubles?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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If a Tomlin Order is in place itis safe to assume that the solicitor has been deealing with this for a while so I can't therefore see why this is dodgy at all. Just ask the solicitor for a full and final balance. It is also fairly normal for a full and final to be paid via a third party

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thats why i asked if you had at some point p'haps defaulted.

 

dont seem right to me either.

 

i'd fire off a cca request to sol and SAR the oc.

 

lets see if the stories tally.

 

obviously we dont know the full history, but it sounds like it might not be as clear cut as it seems, p'haps already been written off, what were your past troubles?

 

dx

 

Ok Thanks, I'm new to the forum and dont understand some of the jargon. Whats a CCA? and a SAR the OC?

 

The full history is my company was running into difficulty back in 2007 and the company could no longer keep up the payments on the lease of my company car so it was repo'd. The company finally folded in april 08 and amongst other things i was gaurantor on the vehicle lease. Merc Benz chased me through court and after some wranglerings with dodgy paperwork (Vehicle Dealer) my solicitor said settle out of court so i made an offer of £8000 instead of the £19,000 they were persuing me for. They accepted on a Tomlin Order that I paid £250 per month starting in Dec 08. As I've already said I have paid every month by standing order to their Solicitor.

 

I sent an email this week to their solicitors requesting a final figure settlement from Merc Benz Fin Services and who and where to send the cheque to. Their reply was as I wrote in my first post.

 

I've wrote back asking them to explain why their client is "won't be writing to me as they are no longer dealing with this account" and why am I to make the cheque out to them (solicitors).

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Ok wait for there reply and lets see what it says. as you stated in your first post they are dealing with it on their clients behalf.

 

They probably want it payingi to them so they can deduct their fees and pass the balance on to MB

 

Have they actually given you a settlement figure?

 

By my reckoning depending on which day of the month you pay it it should be either £6k or £6,250

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CCA is the Consumer Credit Act, under which you have the right to see the original credit agreement (although, in practice, you don't). "Subject Access Request the OC" means that you should send a request to the original creditor (OC) asking for all the data that they hold about you as provided for by the Data Protection Act. This and the CCA request are the first stage of determining whether the finance agreement is enforceable or not but both are inappropriate for the circumstances that you're in IMHO

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Nothing unsual about the Client wishing you to deal with the Sol.You have been making your monthly payments to them.I agree with Toodle2u post and no doubt when you agreed the consent order you would have completed a mandate to pay the Sol.Hence the settlement should also go through them IMHO.

 

Regards

 

Andy


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