BCT ~ Voluntary Termination Becomes CCJ to Charging Order to Threats by TBI Financial

[Gfours]

This is a somewhat convoluted case, which I hope people can help with! And it may also be in the wrong forum (if so please redirect it MOD's 8))

 

My ex-wife and I took out finance in 2001 for the purchase of a car through British Credit Trust over 48 months.

 

In 2004 my ex-wife lost her licence, and as I was a non driver that left us with a car on finance that neither of us could drive. In the first instance I contacted BCT explaining the situation to them. BCT explained that as we had paid over 50% of the agreement we could "voluntarily Terminate" the contract. This was then put in motion with BCT. Unfortunatly BCT took approx. 6 months to collect the vehicle, with me constantly phoning them to chase up collection. Once the vehicle was collected I thought that was the end of things....

 

November 2010.

 

I recieved a letter from TBI Finance stating I owed £6,671.58 to BCT and they where collecting for BCT. I then checked my credit score, and seeing that BCT was no longer on it (previously it listed my BCT account, but stated it was "satisfied") I sent a standard letter stating if there was debt then at this time it would be Statue Barred.

I then recieved a phone call from TBI informing me that there was a CCJ and a Charging order and as such the debt could not be Statue Barred.

I requested copies of the above with a copy of the credit agreement, which TBI promptly sent to me.

 

The documentation shows the following;

 

CCJ issued on the 11th April 2005

Final Charging order Issued on the 11th May 2005

 

I never recieved any notification of the above court hearings etc or the subsequant outcomes. This does not mean that they weren't sent out as at the time my marriage was in difficulty and I was staying with relatives, with a full seperation a few months later. So they may have been delivered and my ex may have "lost" them. I'm not 100% sure either way.

 

The Charging order was placed on my property, which was sold last year. There was insuficient equity to cover the CO and it was a short time after the sale that TBI started contacting me.

 

The Credit Agreement was interesting though.

 

It confirmed the 50% aspect for Voluntary Termination, it also stated the following;

 

"Repossesion" (Summary)

 

If we had paid over 30% of sum they could not reposses the vehicle unless they had 1) our agreement or 2) a court order.

 

As no court order was issued and BCT collected the vehicle it then makes sense that the agreement was voluntarily terminated by mutual consent....... Because if it wasn't by mutual consent then BCT would have acted illegally.

 

I have informed TBI of all of the above. But what do I do next?

 

Obviously TBI consider that they have a legitimate claim to persue me for monies due to the CCJ & CO.

 

So my question's would be;

 

Where do I go from here?

 

Do I try and remove the CCJ, if so how?

 

Do I try and remove the CO, if so how?

 

Do I just ignore TBI, but if so what about the CCJ/CO?

 

Should I try and contact BCT and find out why after agreeing to a VT did they persue me for other monies?

 

All advice is welcome.

 

Kind Regards,

 

Craig

[sequenci]

Hello there, welcome to the forums.

 

Have you check with the land registry to see if there is a charge registered?

 

It is possible you could *try* and set the judgment aside.

 

My main concern is that these applications are supposed to be made 'promptly' and a judge may feel that a set aside application after all of these years may not be reaonable.

 

' As no court order was issued and BCT collected the vehicle it then makes sense that the agreement was voluntarily terminated by mutual consent....... Because if it wasn't by mutual consent then BCT would have acted illegally '

 

that's a true statement. Did you sign anything when the vehicle was taken?

[Gfours]

Sequenci, thank you for replying & welcoming me.

 

Hello there, welcome to the forums.

 

Have you check with the land registry to see if there is a charge registered?

 

I have seached for CCJ's & Charges at both my current address & my address which the vehicle was registered to, with "NOTHING REGISTERED" at either address. Due to my ex-wifes habits I have vigilantly monitored my credit report since we split up and as mentioned above the only referrence on my report about my BCT account was that it was satisfied. And now as the account has passed 6 years since it was ended it's not on my report anymore. There has never been a CCJ shown on my credit report.

 

It is possible you could *try* and set the judgment aside.

 

My main concern is that these applications are supposed to be made 'promptly' and a judge may feel that a set aside application after all of these years may not be reaonable.

 

I understand that it has been a while since they where issued, but until the 20th December 2010 I never knew anything about them, and I only recieved copies in the post on the 8th January 2011

 

' As no court order was issued and BCT collected the vehicle it then makes sense that the agreement was voluntarily terminated by mutual consent....... Because if it wasn't by mutual consent then BCT would have acted illegally '

 

that's a true statement. Did you sign anything when the vehicle was taken?

 

My ex-brother inlaw signed a reciept for the vehicle, but unfortunatly I don't have a copy!

 

Regards,

 

Craig

[heliosfa]

Welcome to the forums Gfours, i hope that you find it helpful and rewarding being here

 

The Charging order was placed on my property, which was sold last year. There was insuficient equity to cover the CO and it was a short time after the sale that TBI started contacting me.

 

Were you aware of the chage during the sale of your property? your solicitor should have picked up on it when he did the conveyancing, etc.

 

Ta,

H

[Gfours]

Welcome to the forums Gfours, i hope that you find it helpful and rewarding being here

 

Thanks for the welcome Heliosfa, and its already been rewarding! I have used the vast knowledge base on more than one occasion

 

 

 

Were you aware of the chage during the sale of your property? your solicitor should have picked up on it when he did the conveyancing, etc.

 

Ta,

H

 

No, thats another long story and a seperate battle. Basically the long and the short of things is as follows;

 

*Drum roll...... gets popcorn ready & puts feet up*

 

It all goes back to my exwife. After we split up she wanted to keep the property, on the property was the Mortgage & a secured loan, this I had no objection too. However the property was only in my name.... anyhow after a couple of years after splitting and while I was away on holiday I recieved a text from said ex saying she had left the property and had given the keys to my father. I haven't seen her since (that was the beginning of 2009). As I had settled into a new life with a new partner I could not afford both the loan & mortgage, I informed both parties of such and gave both of them the the option for them to arrange selling to reclaim there monies. It took a year and a half but eventually the house was sold by the original mortgage holders with payment to the loan company not quite setteling my debt, but it is something I'm working on.

 

So unfortunatly I never recieved any notification from anyone regarding the "Charge" until after the property was sold.

 

Regards,

 

Craig

[sequenci]

Would you be able to let me know if TBI had any money from the 'charge' at all?

[Gfours]

Would you be able to let me know if TBI had any money from the 'charge' at all?

TBI Recieved nothing from the charge.

[sequenci]

I don't believe there is a CCJ at all. Can they demonstate this at all?

 

I think you should send them a latter stating that you beleive the debt to be statute barred under s5 of the limitation act 1980. The burden of proof would then shift to them to prove that the debt isn't statute barred.

 

Even *if* there was a CCJ the courts are reluctant to enforce anything after 6 years.

 

My gut feeling is that they are trying it on.

[heliosfa]

I don't believe there is a CCJ at all.

 

...

 

My gut feeling is that they are trying it on.

I am inclined to agree with the above but my gut is saying don't believe it just yet.

 

Gfours, are you able to post copies (with personal details removed) of the documents you have received? that way we can see what you have and if it is genuine.

 

Thanks,

H

Edited January 21, 2011 by heliosfa

[Gfours]

I am inclined to agree with the above but my gut is saying don't believe it just yet.

 

Gfours, are you able to post copies (with personal details removed) of the documents you have received? that way we can see what you have and if it is genuine.

 

Thanks,

H

 

Heliosfa,

 

I can't upload docs until I have 20 posts! (I'm working on it *looks left, looks right, hope's there are no Mod's about while I spam a little!)

 

Kind regards,

 

G

Edited January 24, 2011 by Gfours

[Gfours]

I don't believe there is a CCJ at all. Can they demonstate this at all?

 

I think you should send them a latter stating that you beleive the debt to be statute barred under s5 of the limitation act 1980. The burden of proof would then shift to them to prove that the debt isn't statute barred.

 

That was my first course of action. They then phoned me saying that as there was a CCJ & CO that it can't be statute barred!

 

Even *if* there was a CCJ the courts are reluctant to enforce anything after 6 years.

 

My gut feeling is that they are trying it on.

 

What would be your suggestions on my course of action?

[sequenci]

They need to prove beyond any doubt that the debt is not statute barred, they need to suuply the documentary evidence! a simple phone call does not suffice, Ask for a copy of the relevant information.

[Gfours]

They need to prove beyond any doubt that the debt is not statute barred, they need to suuply the documentary evidence! a simple phone call does not suffice, Ask for a copy of the relevant information.

 

I have PM'ed you the info they sent me as I'm unable to upload on here (just yet!)

 

Kind regards,

 

G

[ukaviator]

Check to see if PPI has been added to the loan. I have seen BCT add PPI to loan documents which was not asked or signed for. Also ask for the underwriting sheet as there maybe a secret commission there to the dealer.

[Gfours]

Check to see if PPI has been added to the loan. I have seen BCT add PPI to loan documents which was not asked or signed for. Also ask for the underwriting sheet as there maybe a secret commission there to the dealer.

 

*wave's hello*

 

Yes there is PPI added & GAP, both weren't asked for but we where told it was the only way that we could have the finance.

 

regards,

 

G

[sequenci]

I have PM'ed you the info they sent me as I'm unable to upload on here (just yet!)

 

Kind regards,

 

G

 

Thanks! I'll have a butcher's once I'm home this evening

[heliosfa]

Heliosfa,

 

I can't upload docs until I have 20 posts! (I'm working on it *looks left, looks right, hope's there are no Mod's about while I spam a little!)

 

Kind regards,

 

G

 

Hi Gfours,

 

I have had a quick look and noted that you have left some personal details in them such as claim no, exact amounts and agreement number. If you blank these details and re-upload them then we can get them on this thread for you (either you having enough posts or another way!)

 

FIrst thoughts on it - if it is genuine then it was heard in your absense, however it doesn't appear to be a default judgment implying that the claim was acknowledged/a defence filed... I would advice that you contact the court and ask them to confirm the situation and provide copies of the claim form, judgment and other docs.

 

Thanks,

H

 

ps. loving that that letter came from a Mr. P Dredge! LOL

[Gfours]

Hi Gfours,

 

I have had a quick look and noted that you have left some personal details in them such as claim no, exact amounts and agreement number. If you blank these details and re-upload them then we can get them on this thread for you (either you having enough posts or another way!)

 

I have blanked them out fully now, and will UL them later today.

 

FIrst thoughts on it - if it is genuine then it was heard in your absense, however it doesn't appear to be a default judgment implying that the claim was acknowledged/a defence filed... I would advice that you contact the court and ask them to confirm the situation and provide copies of the claim form, judgment and other docs.

 

Can you (for a poor an meek mortal) break down for me exactly how/what to ask the courts for? or point me in a direction of a template etc?

 

Thanks,

H

The thanks is all mine!

 

ps. loving that that letter came from a Mr. P Dredge! LOL

You should have heard the deflated conversation we had after I sent him the Statute Barred letter! He phoned and said "I see from your letter that you have researched this", and then proceeded to sigh!

 

Regards,

 

G

[sequenci]

Sorry I didn't get to llok at the last night. I didn't get in 'till ridiculous O'clock. Will do so a little later for you.

[Gfours]

Sorry I didn't get to llok at the last night. I didn't get in 'till ridiculous O'clock. Will do so a little later for you.

 

/\ Ridiculous O'clock I no all about! I am not under any pressure so take as long as you need

 

Kind regards,

 

G

[heliosfa]

Can you (for a poor an meek mortal) break down for me exactly how/what to ask the courts for? or point me in a direction of a template etc?

I'm not to sure if there is a proper procedure, but if you call or visit the court and explian that you are being contacted by a company about a judgement you have no knowledge of, they should be able to help and provide you with details.

 

You should have heard the deflated conversation we had after I sent him the Statute Barred letter! He phoned and said "I see from your letter that you have researched this", and then proceeded to sigh!

LOL

 

Ta,

H

[Gfours]

Documents as promised (woot woow 20 posts)

 

Uploaded with ImageShack.us

 

Uploaded with ImageShack.us

 

Uploaded with ImageShack.us

 

Uploaded with ImageShack.us

 

Regards,

 

G

[Gfours]

I'm not to sure if there is a proper procedure, but if you call or visit the court and explian that you are being contacted by a company about a judgement you have no knowledge of, they should be able to help and provide you with details.

 

Ta,

H

 

I've set aside some me time next week to visit the Courts and see what i can find out, I'll keep you posted regarding the out come of said.

 

Regards,

 

G

[Gfours]

Update :-

 

I have spoken with the court and they have advised me to email all the info I have through and they will get back to me regarding the Judgements.

 

Regards,

 

G

[Gfours]

Update :-

 

It has taken the court a Month to get back to me. However it was worth the wait!

 

As the case is so old they don't have it on file anymore, the only ref: they had was to the original solicitors who submitted the claim for the CCJ & CO and advised me to contact them for any info I required.

 

They did also inform me that as the property that the CO was placed upon is now sold the original CO is null and void. If BCT wish to persue me for monies they deem are due then they will have to apply for another CO. But as the case originated in 2004 it has now become Statuate Barred.

 

So it seems that although the CCJ & CO where issued, even though there was a Volutary Termination agreement in place, in my opinion incorectly I have won the battle against BCT & TBI by defaut.

 

Thanks for everyones input into this matter and hopefully it will give other people inspiration to fight against injustice.

 

Kind regards,

 

G