Park Motor Finance - Default Notice

[LarissaJ]

Hi Andy and thanks for your response! It is the solicitors that have sent out the form and there is no judgement, pending or otherwise. The only defence I've submitted was last year before the car was stolen and that one was in response to their return of goods order. Since the car has been stolen and they have received the insurance payout and the GAP inusrance payout, so now the whole situation has changed and I would think that all the previous defence/witness statements are now obsolete?? Particularily becasue the defence was in light of the faulty dn and termination. They are now claiming the arrears. The GAP insurance was sold to me by park and it didn't cover the whole amount, hence the arrears in question. They have continued to add interest on a daily basis, plus they've added some (not all) legal fees. The amount they are claiming is also made up of penalty charges for telephone calls and letters. Can they add interest on an account that they have terminated back in january 2010? I've been trying to read up on the ex140, they have informed me that they are treating it as their income and expenditure form, but from what I've read so far, they are not allowed to send it out, only the court is. It is headed in the manchester civil justice centre, but I have had no dealings at all with this court ever.

[asokn]

The EX140 is a form used when a judgment is in place and the debtor has been ordered to attend for questioning on their assets and liabilities. It is an extremely comprehensive form so I can understand why the solicitors have used it but at the same time they are not entitled to the information.

[LarissaJ]

That's what I thought Asokn! There is definitely no judgement. They are demanding this payment by 19th april or they will apply to court again to recover these arrears. Not sure whether that will be the original court or the manchester civil centre though, or what order they will be applying for. They have said in their recent letter that they will not give me any further notice. The strange thing is that the solicitor who was dealing with it in the past, has now passed it onto an assistant. Sorry for no paragraphs, I don't seem to be able to make them, not sure why?

[LarissaJ]

I need to get something off to the solicitors before thursday! I'm considering offering them a payment of £500 in full and final settlement, it's £1500 less than they are asking for, but most of that is penalty charges, legal fees and interest. Any ideas??

[AndyOrch]

Will get back to you shortly Larissa

 

Andy

[LarissaJ]

Many thanks Andy

[AndyOrch]

Hi Larissa, apologies for the delay.

 

Ok this correspondence you have received with the EX140 is it possible to post up or type out verbatim what they have stated.I need to see the exact wording.

 

Regards

 

Andy

[LarissaJ]

yes, I'll type it, It'll be quicker! I actually received one in august too via email, so I'll type up that letter first, then the recent one. it might be a bit jumbled up because i cant seem to make a paragraph on here anymore, not sure why?

[cerberusalert]

Put a double space between paragraphs it should be ok then.

[LarissaJ]

24.8.2011 Dear Madam We refer to previous correspondence on this matter. Our client has confirmed receipt of the sum of £1036.79 from your gap insurers. However there remains a balance of £1833.46 on your account. Our client has informed us that it will accept from you however the sum of £1582.26 from you to settle the account on the condition that you arrange to pay this sum in full to us within 14 days of the date this letter, namely by no later than 4pm on 7 September 2011. This settlement has been calculated as follows: Original settlement amount April 2011 £10,219.05 Less car insurance payment £7,600.00 Less GAP insurance payout £1,036.79 Balance outstanding £1,582.26 We enclose confirmation of our bank details below : Bla bla bla bla Alternatively we will accept a cheque made payable to shoosmiths for this sum provided that the funds clear through our account with the 14 day deadline. Should you have any queries or require any clarification to this offer please do not hesitate to contact us. Should you be unable to make the payment in full within the 14 days then we would ask that you put forward your proposals for payment of the £1,833.46 and complete the enclosed Record of Examination form within 14 days. We look forward to hearing from you Yours faithfully

[LarissaJ]

I've tried that cerberuselert, but it doesn't work

[LarissaJ]

just going through the file, bear with me, some correspondence was via email and others were by letter, so I'll type up everything

[AndyOrch]

If we can keep it in date order Larissa.

 

Andy

[LarissaJ]

29.8.2011 - I then sent an email asking them to clairfy why and ex140 form had been sent as no ccj has been issued. I then had to send a further email ob 1.9.2011 pushing for the reply.

[LarissaJ]

Their reply - 1.9.2011 Yes Larissa - that is our standard Income and Expenditure/ Record of Examination Form. There does not need to be a CCJ in place for us to send it to you. If you complete that and make an instalment offer to our client we can then take our client's instructions on the offer. If you do not complete that form and make an offer to our client, our client will be unable to consider your personal circumstances and will therefore be less likely to consider payment by instalments. Can you please confirm whether you will be returning the form and/or making any further payments to us failing which it may be that the matter will have to reverted back to the Court and a CCJ entered against you for the balance. Many thanks Kind regards

[LarissaJ]

I replied on 9.9.2011 I've now had someone look over the figures and they dont add up, the figure is over £1500 too much. Could you please send me a breakwon so I can see where these charges have come from? 21.9.2011 - I sent a further email - Could you please get back to me with a breadown of the amount so that we can finalise this matter?

[LarissaJ]

their reply - 21.12.2011 Dear Madam We refer to the enclosed letter to which we appear never to have received a response? Please urgently provide us with the completed Record of Examination Form and proposals for payment of the outstanding balance failing which you will leave us with no other option but to revert the matter back to the Court. Yours faithfully

[LarissaJ]

I replied - 6.1.2012 - Further to my email sent to you on 21.9.11, I still await a breakdown of the amount you claim is owed. I am totally bemused how this figure has been reached. Park don't appear to be including the £1000 deposit and the rest appears to be penalty charges? (Andy - as ive mentioned on a previous post on here, im rubbish with figures and during this whole shambles the figures have never been uniform and amounts switch around as did the missing instalement date - I only missed one instalement when they issued the dn too)

[LarissaJ]

their reply - 17.2.2012 Hi larissa Please see below breakdown as requested. The £1,000.00 deposit has been taken into account as you can see. This figure is before our legal costs are added on. Further legal action against you will include a claim for these costs, such costs currently amounting to £2,771.00. You need to arrange to settle this sum as I am being pressured by my client. Please put forward payment proposals. Many thanks Kind regards Total Amount Payable Under the Agreement £16,551.52 Plus GAP £323.99 Less Deposit (£1,000.00) Less Payments Received (£5,606.80) Plus Charges (Fees/Interest) £201.54 Less Rebate (£251.20) Less Insurance Payout (£7,600.00) Less GAP payment (£1,036.79) Balance Outstanding £1,582.26

[LarissaJ]

I didn't understand these figures and had wanted a more comprensive breakdown.mainly to ascertain any penalty charges or legal fees. In their retrospective statement that they included as an exhibit, the original figuredue is £15875.51 not £16551.52 as stated in the email breakdown. The next email I received was 8.3.2012 Please note that I have taken over conduct of this matter from my colleague *******. Following on from the emails below, could I please have your payment proposals within the next 7 days, failing which my client is pressuring me to take further action. I look forward to hearing from you. Kind regards

[LarissaJ]

The next and last letter I received from them - 5.4.2012 Dear Madam We write in respect of the attached letters (21.12.11 & 24.8.11) We note that we have not had the courtesy of response to any of our letters or emails. We therefore put you on notice that unless payment of £1833.46 is received within the next 14 days, we shall be applying back to the Court and asking it to enter judgement against you for this sum. If such action is necessary we will be seeking interest on all sums claimed and reimbursement of our client’s legal costs in relation to this mater. We do not intend to give you any further notice. For the avoidance of doubt payment is required by 4pm on 19 April 2012. We look forward to hearing from you Yours faithfully

[AndyOrch]

So the Ex140 as been flying around since Aug 2011, you have submitted a defence and I would assume that the claim is stayed ( Assuming you nave not received an Allocation Questionnaire)?

 

Andy

[LarissaJ]

Yes, I have 3 copies of ex140 in total. I submitted an embarassed defence, but the court date was adjourned and then before the new date, the car was stolen. The court was then vacated and the matter stayed for 3 months and after that time, both parties had to send a letter confirming the situation, this is what I sent to the court :- This matter has now been settled with the insurance company and is still progressing with regard to the gap insurance. I expect this matter to be settled within the next 14 days and all monies paid to shoosmiths solicitors. There hasn't been any allocation questionnaire

[AndyOrch]

So the claimed is stayed ( check with your Court that this is still the status) They have to respond to your defence and make application to lift the stay before anything proceeds so a little bluffing going on re requesting the Court to demand the arrears. If they make application then you will receive an AQ to progress the claim.

 

Sounds to me that there is confusion on the amount claimed, you need to validate the figures with a fine tooth comb before even considering an offer, don't worry about their threat of this Thursday there is very little happening here at the moment.

 

Regards

 

Andy

[LarissaJ]

ok, that's pretty much what I thought too about the bluffing. I'll phone court tomorrow and check the status. Did they not reply to my defence with their witness statement? I'm going to get a friend to help me have a good look over the figures, but do you think it might be wise for me to get some kind of letter off to them before thurs so that it doesn't look like I'm just siting back and ignoring them?