Finance u / Daniels Silverman

[bof8t88]

Hello Everyone.

I am new here so if i am in the wrong place maybe someone will put me right . To cut a long story short i had gotten into a bit of bother with finance u so they took the car back and then county courted me for £15000 mostly in interest + selling the car well under price. So after agreeing to pay £100 a month i got into a little bit of difficulty but i never contacted them(foolish) i know. they sent me a letter saying i was in arrears in march this year i then got a final demand from Daniels Silverman for £17982.37 needless to say i was quite shocked as the original ccj was £15000.So i phoned the lady named in the letter asking how had this amount been accumalated and she said that they have put 15 percent + VAT as there charges.

My problem is they have sent me an income / expenditure form to fill in asking my bank /sort code who i work for what vehicle/s and reg number/s etc etc. also at the end they want me to make an offer of payment and to sign a statement saying if the amount is accepted they can review my circumstances every 3 months and if installments are not maintained legal action can be taken against me for the current balance of £17982.37.

Are the charges they have put on legal also can i make an offer of payment without filling the form they sent .

 

ps Ater the lady telling me she would send a form out that i did not receive i called the following week and told them so they sent me another one which i got on the 10/06/2010 saying it was to be returned no later than the 11/06/2010.

I am sorry to be so long winded but i am a little concerned . Thanks in advance...BOF

[ScarletPimpernel]

First of all, was the original finance for more than £25k, or was it a regulated agreement?

 

Secondly, the detail about County Court isn't clear. You say they went to Court; if this is so, what was the order of the Court about repayment?

 

Finally, was this a business or personal matter?

[bof8t88]

No the original finance was for £17000 but the owner of the garage dropped it to 15k so he did not have to travel to the court in Kent. not quite sure what a regualated agreement is however it is the same as the post i found on here regarding Finance U LTD.

The CCJ order was found to be £15k and to pay £100 monthly to Finance U.

This was a personal purchase not a business.

Hope this helps. Many thanks

[postggj]

is this finance u in wales

[bof8t88]

Yes thats the one!

[postggj]

15 % interest

 

only 8% statutory interest is allowed if asked for on the claim form

 

do you still have the original n1 county court claim form

[bof8t88]

Yes i do but the 15% is Daniels / Silverman charges plus VAT for handling the account atleast that is what i was told.

[postggj]

this is important

 

on the n1 court claim, what does it say on there perticulers of claim

 

it will prob start with

 

monies owed under etc,etc

 

any mention on claming interest at 8% under the county court act

[bof8t88]

The N1 form is the claim form with the court stamp correct?

No mention of interest on this page just the amount claimed plus court fee

[ScarletPimpernel]

Yep, that helps.

 

As the Court has already made an order, neither Finance U nor Daniels Silverman can vary it without going back to Court.

 

If you have failed to comply with the Court's order (e.g. by failing to make payments), they can take enforcement action via the court - bailiff, attachment of earnings order and so on. What they cannot do is employ the likes of Daniels Silverman, who have featured on CAG before, and they in turn cannot add their charges (it's against the OFT Guidance), nor can they ask for any information from you.

 

You must keep paying the £100/month to Finance U, as per the order of the Court. If you can make up any missed payments, do so.

 

Don't speak to Daniels Silverman on the phone. Do everything in writing. Send them a short letter:

 

Dear Sirs

 

I refer to your letter dated xxxx.

 

I have now had the opportunity to take advice in this matter. The xxxxx County Court made an order to pay £100 per month, and neither you nor your client may vary this without the Court's authority. Further, adding your own charges and VAT to the outstanding amount is contrary to the Office of Fair Trading Guidance on Debt Collection, compliance with which is a condition of your Consumer Credit Licence.

 

In the circumstances, I will continue to comply with the Court's order, and will not enter into any further correspondence with you. Any further on-compliant behaviour will be reported to the appropriate authority.

 

Yours etc.

[postggj]

you read my mind scarlet

 

whats the date of the ccj

 

when was it granted

[bof8t88]

In the box at the top of the letter from the court it says 20/july/2009 but at the end of the letter it say's 01/july/2009 if that makes any difference

[postggj]

you say most of the debt is interest

 

1/ do you have a latest statement of account

 

2/ do you still have your agreement

 

3/ did you get a default notice

 

4/ i take it you did not defend the claim

[bof8t88]

Thanks Guys.

I shall get that letter written now . should i just re-start paying Finance U or speak to them first.It wont be as Simon got a bit shirty last time telling me he cannot tailk to me i must deal with the agency.

[postggj]

you need to ask the debt collection agency daniel silverman was the account assigned to them.

 

if not, you pay finance u direct and daniel silverman can bog off

[ScarletPimpernel]

Don't talk to them on the phone. Just make your payment. Once you've sent your letter (recorded delivery, because most DCAs use the 'we never got it' excuse), Daniels Silverman will let them know what's happening.

 

Be in no doubt - if you've missed payments, and failed to comply with a Court order, they could take other action. This is why you need to keep paying, unless, and I think this is where Postggj is heading, you may have grounds to get the judgement set aside.

 

I'm going to disagree a little with Postggj, in that if there has been an assignment, then you hould already have been informed. In any case, even where there's an assignment, it doesn't alter the Court's order, and if that is to pay Finance U, that's what must happen. As an aside, Daniels Silverman don't usually buy debt.

 

Their MD is a CAG fan, though, and has occasionally posted here...

[postggj]

we are on the same wave length scarlet:grin::grin::grin:

[postggj]

me and finance u are old friends

 

some lite reading

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/191799-finance-u-ltd-car.html

[bof8t88]

I have a copy of the agreement i cannot find a default notice , a staement of account from the original agreement ? yes i did try to defend it as they sold the car well under book price and it was done with sealed bids LOL .that was all i had .

 

when you say ask silverman was it assgned to them do you mean by the court or finance u ?

[bof8t88]

Yes postggj. it was reading that post earlier this month that i realised had missed out on a possible reduction. i am absolutely gutted.

[postggj]

you are starting to get confused, i dont blame you

 

what you have to remember is who ever owns the debt, it cant be varied with out it going back to the court

 

the thing we need to know is daniel silverman collecting on behalf of finance u or have they purchessed the debt

[bof8t88]

Scarletpimpernel and postggj.

Should i do a subject access request even though i am going to re-start paying into finance u .

[postggj]

yes, sar finance u

 

send recorded delivery

 

Data Protection Act 1998

 

 

 

Subject Access Request

 

account number xxxxx

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were opened.

2. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

3. True copies of any notice of assignment and default notices or enforcement notice that you/or name of the original creditor sent me, with a copy of any proof of postage that you hold.

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

5. Details of any collection charges added to the account/s; specifically, the date they were/it was levied, the amount of the charge, a detailed financial breakdown of how the charge was/charges were calculated, and what the charge covers/charges cover.

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

9. Copies of statements for the entire duration of the credit agreement/s.

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

[postggj]

i do know how finance u operate

 

ime looking at getting this ccj set aside

 

i wont lie to you, its not easy and it will be up to a judge but finance u have not got a good reputation and i know there shortfalls

 

but the choice is allways yours

 

we can addvise but its your decision at the end of the day

[bof8t88]

I believe they are collecting on behalf of their client finance u. I was told that they do not buy debt .the statement on the letter says briefly any offer made must be accepted and can be reviewed by their client at three-monthly intervals