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backdoor CCJ by mullard after returning car 4 weeks ago!! **DISCONTINUED**


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Back in October 2000 I took out a car on finance. In November I was diagnosed with a serious illness and had to leave full time work.

I didn't take out any extra insurances for the car, the finance company were nun to helpful, after 6 months I did a VT on the car then was making some payments to clear the outstanding balance until July 2004 when I had financial problems.

I had heard nothing from the finance company until today when the are asking for the rest of the money which I am in no position to do.

What would be the best thing to do?

Should I request the CCA from them to see if the agreement is valid. Or just try and bide my time and see what happens.

 

Thanks

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Jue...did you ever receive a default notice ? Have you considered a SAR ?

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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Just Just

 

At first glance the credit agreement does not look valid as there is only an APR figure on the agreement, rather than the interest rate. Possibly there are other prescribed terms missing. There are many threads on here outlining the prescribed terms required. Sure someone with more knowledge will come along shortly.

 

Further, my understanding of Voluntary Termination is, that if you have paid more than half of the total cost, you do not need to repay the balance, as you have returned to car. There are threads on here about that again. And I am sure someone will correct me on this if I am wrong.

 

Lastly, your reg number, VIN number, etc are visible on the agreement and you can be identified through these. I suggest you remove the data.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Ok

 

Need Some Answers

 

Be Honest As You May Walk Away From This At The End Free Of This

 

When Was The Car Agreement Taken Out

When Was The Car Repo Or Returned Back To The Finance Co

 

Were Any Arrears On The Account When You Did The Vt

How Long Was The Agreement Over

 

How Meny Repayments Were Missed Before Any Rep

 

Who Was The Finance Co

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Hi, The agreement was taken out on the 30/10/00

I returned the car July 01

I can't remember (or find any bank statements) to say what payments were made.

The agreement was over 36 mnths

The finance company are Mallard Leasing.

 

Two weeks after purchasing the car I was diagnosed with a serious illness, I informed the finance company straight away to see if I could return the car as I had to give up full time work and they wouldn't help.

 

Is it worth asking for a SAR to find out what payments and charges have been made.

 

Thanks for your time and advice

 

just_jue

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July 04 I think, this is why I thought I would send for a SAR to be certain

 

Also noticed that I paid for a document fee and final payment fee, which were added to the agreement and interest charge, would this make the agreement invalid?

 

Thanks

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  • 10 months later...

Hi everyone,

 

I have been getting some advice from Post and other great caggers regarding a problem I have with Bramber - Marlin (or what ever name they go under this week)

Quick recap: I VT'd a car when the engine ceased and they are chasing the balance. I sent off a SAR and when it cam back there is a broker fee sheet of nearly £1500 which wasn't disclosed to me until the SAR arrived.

Now does this make the agreement null n void and can I claim all the money I have paid back plus interest, or can I ask for the £1500 plus what ever interest I have paid to be taken off the amount left.

There is also nearly £1300 in 'late' charges which I will be asking to take off.

Any advice would be appreciated.

 

Thanks

 

JJ

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If a broker fails to disclose all the fees and commissions involved in a mortgage or secured loan transaction then they they are breaking the law and the whole agreement can potentially be rescinded. I can remember reading this on here somewhere a while back, not sure if it applies to unsecured loans.

Just bumping it along

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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  • 1 month later...

Hi everyone,

 

I have just signed up to view my credit file on line and found that in a CCJ has been raised against me September last year at an address I last lived at in November 2003.

I have just done a check via Trust Online (admittedly via my new address) and it has come back clear.

Is there anyway of finding out more about this CCJ.

 

JJ

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phone the court it is issued from

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Just rung them and it was for car finance that I was fighting against, but the annoying thing is they have been writing to me at my new address so it seems a bit underhanded that they registered it at a previous. I have got to send of a N244 form with my payment to get it set aside.

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Hi everyone,

 

I am after a bit of advice, could someone please look over this agreement I took out in 2000. After 2 weeks of signing I was struck down with a serious illness which didn't allow me to work for over a year so fell behind with the payments and the car was repossessed leaving me with a deficit of nearly £1500. I was paying them off at £25 until early 2005.

Looking at the agreement they have put GAP insurance on at £160 but this doesn't tally up with the document fee charge.

I have just found out today that in November last year they issued a CCJ against me for £1770 at my old address which I haven't lived at for nearly 6 years even though they have been writing to me at my new address. I will be sending a N244 form to try and get it set aside

 

Any advice would be helpful.

 

JJ

 

http://i718.photobuc...lardleasing.jpg

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not our friend bryan carter is it?

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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