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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Hi everyone

 

My ex and I split last September and he moved out. Things since have been far from amicable but thats another story.

 

I accidently opened a letter addressed to him yesterday and am so glad i did as it contained a finance agreement for a car!

As i say he has not lived here for 6 month and is not at this address on the electoral register (i checked today).

What checks and evidence would he have needed to get the finance?

 

I sent the agreement with a letter back to the finance company this morning to let them know.

 

Surely what he has done is fradulent?

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Perhaps yes and perhaps no. Best thing to do might have been to send him copies of your response to finance co. I think if he has a financial interest and or legal interest in the property he might be entitled to do so irrespective of if he is on the electoral role. I don't think it's a major issue to sort out.

 

As ever there are two sides to a story so to speak.

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He dosn't have any kind of interest in the property, Its my house, I own it. He has deliberately misled the car garage as to his current address. If he were to default on that loan it would my door they would come banging on if I hadn't found out! To me that is a major issue. That would affect my credit rating too.

I plan to speak to the police and see what they think.

 

Thanks for your input though.

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I agree, if things went wrong it's you that would get all the hassle, your ex is out of order.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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It's obviously quite an acrimonious split but the rules have changed recently where he might have some claim depending on the time he lived there and contributions to the general house etc.

 

I don't think plod would be interested as is a civil dispute unless you could prove it was an intended deed to harm you and even then as it is not a physical thing is nothing to do with them.

 

Would suggest a solicitor to look at this as he (strangely) might be able to do this.

 

Splits are very rarely amicable I'm sorry to say as it's inevitable that one side is going to feel hard done by, however, just bear in mind he might have a point that he is entitled to do.

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I agree, if things went wrong it's you that would get all the hassle, your ex is out of order.

 

Actually not maroon as each individual is treated seperatly but it will show on the address. Then there is the hassle of the disassociation that has to be lodged.

 

I would say though it's not the done thing of a gentleman but we don't know the circumstances.

 

I think you'll find this is a common issue.

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Since when is obtaining finance by deception a civil matter? Believe me he has no claim on the house at all. Even if he did have he can't claim to be living somewhere when he isn't just for his own gain. There has to be something illegal about that.

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Hi Tequila,

 

I found this on Yahoo Finance and thought it might help :-

 

 

It is a sad fact of modern life that relationships break down all the time. But did you know the financial ties you have with your partner do not necessarily break when the two of you separate?

 

According to CreditExpert.co.uk, more than half of you have absolutely no idea that an ex-partner can have a negative impact on your own credit rating. Even if your ex seemed to be pretty good at managing their money when you were together, who is to say what their financial behaviour might be like now?

 

This problem is more widespread than you might realise. Often we do not even know the full picture when it comes to our current partners finances, let alone our previous partners. After all, one in ten people in relationships confess they have a secret bank account their other half knows nothing about, while one in five keeps debts hidden.

 

How do you become financially linked?

 

Just one joint application for credit means you are financially linked even if the account is now closed, or never actually got up and running in the first place. In other words, a declined application can still link the two of you together.

This financial association could damage your credit rating over the long term if your ex is now racking up debts all over the place and failing to manage them properly.

Many of you think your credit score will be affected by anyone who lives with you. But this is not true. Just because you lived with your ex, you will not be financially connected with them unless you applied for some form of credit jointly. This even applies if you were married but never shared your finances.

By the same token, if you never actually shared the same address, but you applied for credit together, a financial tie will be created.

 

How can you become financially separated?

 

You want to avoid suffering just because your ex cannot handle credit. It is hardly fair that your own ability to borrow could be jeopardised by someone who is no longer part of your life. But what can you do about it?

Luckily, there is decisive action you can take now to break the financial ties with your former partner before they do you any harm.

 

Check your credit report

 

The first step is to check your credit report. You can do this at any one of the three major credit reference agencies: Experian, Equifax or Call Credit, although you can get a free credit report from Experian . You can use your report to check who you are still financially connected with. Remember checking your report will not do any damage to your credit score or credit rating. ( I am not happy with this comment)

 

Tell the credit rating agency that the relationship is now over and ask them to update their records accordingly. This creates a financial 'disassociation' from your ex and prevents their credit record from affecting yours in the future.

It is a good idea to monitor your report on a regular basis so you can be sure the financial separation is well and truly behind you.

 

Settle up and close your joint accounts

 

The next thing you should do is settle up any outstanding credit agreements you still have with your ex. After a separation, it is inevitable you will need to negotiate a way of dealing with your joint debts and your joint finances in general. The sooner you do this, the better.

Once your debts have been fully repaid, it is important the accounts are closed. For example, a credit card where your ex is an additional cardholder may still appear on your credit record even if there is no outstanding balance. Make sure you contact the bank and ask them to cancel the card to sever the financial association. You should do the same thing with any lender where you have held a joint credit agreement and with any other company where you have had a joint account, such as your gas and electricity supplier.

 

I hope this helps,

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hopefully now Tequilla you will see what I mean. You might think you are clear of him but not necessarilly so.

 

Whilst you might hold the deeds etc does not mean you own them.

 

As i have pointed out, it's not the thing to expect of a reasonable person but he may think he has a right to do this.

 

At the end of the day, whether married or not, if there is a split then it needs to be done legally especially if it's a bad one.

 

I'd support conniff as well on the accidently opened comment but if it was me I'd have let you know what was going on.

 

I do not see at this moment in time that your ex is deliberatly deceiving people and sometimes to help the split it might be necessary for this to happen.

 

Just watch and control what is happening and if need be do it via an intermediary if the relationship breakdown is that bad.

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Sorry, I should have went with my first instinct and not replied at all :rolleyes:

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I appreciate your reply maroondevo.

I am still not convinced heliosuk is right in everything he has said.

 

I have e-mailed a query to the police so will wait and see what they say.

 

Thanks to everyone who has taken the time to reply to me :-)

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Hi Tequila, back again.

 

Meg Van Rooyen of National Debtline had this to say about 'disassociation' from your ex. You will find the first part of it will put your mind at rest.

 

It is very important to realise that you are not liable for debts such as credit agreements that have been taken out in somebody else's sole name.

 

It makes no difference whether you were partners or married.

You are only liable for debts that you have signed an agreement for in your name or if you have taken out credit in joint names.

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If the debts are in joint names with your ex-partner then you are held to be - jointly and severally - liable for the debts.

This means you both owe the entire debt and the creditor can choose to pursue either of you for it.

Household bills can be a bit different. You would both be jointly liable for council tax during any period you both lived in the house.

You should make sure your former partner is no longer on any fuel or water bills. These are your responsibility from the date he left.

From what you say, it appears unlikely that the debts are in your name. If this is the case then you have no legal liability whatsoever - and your ex-partner's creditors cannot pursue you for his debts.

They certainly cannot send bailiffs into your house to take your goods for his debts.

If a creditor does not have a forwarding address then they will often write to the last known address for the person who owes the money. They may even sue the person in the county court at the last known address.

If a collection agent visits your house you do not have to let them in - they have no right to enter your home.

If there is a county court judgment against your former partner at your address then even a bailiff has no right to enter your home unless you invite them in. Do not let them in.

However, it is very important that you provide them with any forwarding address that you have and tell them not to call again.

 

 

Action points:

  • Make sure none of the debts are in your name

Check any credit agreements you have. If your name is on any of the letters, write to the creditors for copies of your credit agreements.

 

If any debts are in your name then seek advice on how to deal with your debts, contact the creditors and how to make an offer of payment. Contact National Debtline on 0808 808 4000.

  • Write to all the creditors/collection agents who have sent letters to your address

Tell them your former partner does not live there and provide a forwarding address. Tell them not to contact him at your address in the future. Explain the debts are not in your name and that you are not liable for them and that you expect to receive no further letters regarding the matter.

 

If a company persists in writing to your address, tell your local trading standards department. You can find out how to contact them through your local council.

  • If you receive any hassle from debt collectors, mention the Office of Fair Trading debt collection guidance

This prohibits various unfair business practices by collection agents, such as "pursuing third parties for payment when they are not liable" and "sending demands for payment to an individual when it is uncertain that they are the debtor in question" and "requiring an individual to supply information to prove they are not the debtor".

There are three agencies in the UK: Experian, Equifax and Callcredit (see information box for contact details, and website links on the right) which hold details about your credit histories.

You have the right to obtain a copy of your credit file, which will cost you £2 per file.

The Information Commissioner publishes a very useful booklet called "No credit?" which may help you (see useful contacts box for details).

If your former partner's details show up on your file, make sure you contact the credit reference agencies with what is called a "notice of disassociation" to remove your former partner from your credit file because you no longer have a financial connection with him.

You can also ask to include a "notice of correction" which is a statement of up to 200 words.

 

This could include your ex-partner's name and a clarification that he does not live at your address. However, credit reference agencies can refuse to add a notice if it is defamatory about someone else.

Credit reference agencies also interact with CIFAS who operate a protective registration service which warns creditors checking your credit file to be extra careful to double check that the person applying for credit isn't using your address details fraudulently.

You can find out more about this issue from Experian's Credit Crossroads leaflet on identity fraud, which can be found on its website through its consumer advice section.

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This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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No problem Tequila :)

 

If you get stuck, come back and shout !!

 

Lex

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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This might help, it's a form from CallCredit. I expect all the CRA's have one on their website.

 

It's a PDF that can be found here :-

 

http://www.callcredit.co.uk/files/Disassociation%20Form%20v2.0.pdf

 

Lex

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Lex

 

re the notice of disassociation, it looks like because there is still a joint bank loan it can't be done.

I filled out the form but at the bottom it asks me to "confirm that there are no active financial connection or dependancy between myself and the person detailed above".

 

Didn't want to agree to that as it would not be true.

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Good afternoon Tequila !!

 

No worries on that score, if you have another look, you will see that great 'get out' clause 'Tick all relevant box's'. Just leave that one unticked and add a signed declaration with the details of that one loan on it !!

 

Hope that helps,

 

Lex

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Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Thanks lex

 

There wasn't a box to tick it was just a statement. However there was a box where I could explain why I should be disassociated from him even though we still have a joint loan.

I have sent the form off so will just wait and see what happens now.

 

Once last question, is it worth adding a notice of correction? (2 late payments -once again ex's fault - long story!).

Not that I have any plans to apply for credit but do lenders read these notices and take them into account when making a decision?

 

Thanks again for all your help :)

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Hi Tequila,

 

Not that I have any plans to apply for credit but do lenders read these notices and take them into account when making a decision?

 

Probably not, however, there is no harm in trying. Remember the loan was in both names so technically your both libel for all of the outstanding payments. I would say yes, do it, send them a 'Notice of correction' it may well help in the future.

 

Lex

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Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The loan in question is not one that was in both names, its was car finance that was just in my name.

I loaned him the car when we split up so he could move his stuff down south. He then moved address again and refused to give car back. Police saw it as a civil matter so months later I eventually had to get the finance company to repossess the car! It was they who advised me to miss the payments to enable them to do it. It should have only been one missed payment but they took weeks to sort it all out and it kept going from one department to another so ended up with the two missed payments. I am fighting them to try and get it removed from my credit file but thought a correction notice might help in the meantime (or if they end up not removing it).

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Be careful before taking action against anyone for fraud. The burden on the claimant is enormous, much more than for negligence etc., and if you fail in your accusation you will almost certainly be subject an angry retaliating counterclaim from the defendant for defamation, damage to reputation, and all the costs incurred. Basically although the standard civil burden of proof is the balance of probabilities, for fraud it is in reality far closer to the 'beyond reasonable doubt' rule.

 

Consider his side of the story too. He could have simply forgotten to inform the car company about the address, after all you had an acrimonious split and there were probably more important concerns going through both of your minds. This may be negligent on his part but certainly not fraudulent.

 

Alternatively he could have just instinctively put down that address on the agreement, it happens to all of us when we move house, we write the old address by mistake.

 

Be calm in whatever you decide to do, and good luck.

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Hi Tom

 

I am not taking any action against him for fraud, that would be down the the car garage or finance company as it was to them he gave the wrong address to. I do believe he gave my address to them on purpose though so his application would be accepted.

He took out this car finance this week and since he has not lived here for 6 months its got to be more than simply "forgetting" he does not live here now.

 

Thanks for your input though, it is appreciated.

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