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I am currently having problems with a company trying to recover an old debt. I started a Hire purchase agreement in 2004 for a motor vehicle. I had to have a guarantor for which I used my farther.

Two and a half years later I got into financial difficulty though illness and no work. It came to the point where I couldn’t keep up with payments and was receiving a lot of harassment. Every payment missed they would charge the same again for been late so would have to find double for the amount to bring the account up to date. With my farther been guarantor he was getting hassle also.

 

After a couple of months of no payment, it got to the point where the company sent a representative to discuss the account. After discussion I was given the option to bring the account up to date or to surrender the car and pay any outstanding amount after auction. I was told that surrendering the car wasn’t classed as repossession and the agent also told me that if I was to surrender the vehicle my farther would no longer be involved in the agreement. He also said that 99 percent of the time people don’t have to pay the arrears they just get wiped off. This sounded appealing and as my farther was getting hassle along with myself I chose to surrender the vehicle as I didn’t want him involved in this any more and just wanted rid.

A few weeks later the car got taken away, I never saw this as I was in hospital. After the car was taken we never heard a thing for about 6 months, I rang them every week to find out if it had sold and for what amount. After 6 months they told me it had sold for one thousand five hundred pounds and told me there was around 6500 left on the agreement and had to arrange payment plan. I arranged a plan and paid them for four or five months but then for some reason lost contact.

 

Now nearly four years on thinking the debt must have settled for not hearing any think my farther received a call from a company demanding money for the debt saying that they had brought the debt and couldn’t contact me so with him being guarantor he was liable for this. Now I understand that in a normal case that would be correct as that is what guarantors do but I had been told that he was no longer joined to this so it surprised me that not only a company was ringing about the debt but was demanding money from him.

After speaking with the company my self they say they have no record of what happened and was going by the current agreement, they also told me my car sold for two thousand pounds which is five hundred pounds more then the last company said.

 

They want a settlement figure of £3995 or 120 payments of £49.95.

 

I cant really afford these payments and don’t want my dad getting harassed again, neither of us have the settlement but then why should he anyway.

 

Other points are that I had payment protection but cancelled it due to it not been worth while. Also Iam not a hundred percent but think I may have paid 50% if not far from it.

 

Can anyone help with this thanks.

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  • 2 weeks later...

OK first things first, I would send a sar to the original creditor for ALL info on this alledged debt, secondly when was the exact last time you made a payment or written acknowledgment on this debt.

 

in the mean time tell the new dca that you dispute all this debt due to being informed at the time of what you said above and that the onus is on them to prove otherwise.

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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