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:smile:

 

good evening

 

INFO:

 

Someone that I know Unfortunatley but no exception in todays money market, via finance she bought a vehicle,

ran into difficulties and defaulted on the payments. cutting a very long story short the finance company has made a Final Charging Order on the her home.

 

QUERY:

 

she has been told that since the finance company has made a Final Charging Order on the her home for the debt then the vehicle cannot be reposess and the vehicle is leagally hers (even sell it if she so wished).

 

I await Guru's of CAG slendid wisdom

 

thank you

 

:smile:

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

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:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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Has there been a ccj for the car loan yet?

 

They cannot obtain a charging order until they have obtained one.

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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:smile:

 

yes

that was part of long story cut short

northhampton?

Final Charging Order form different area

 

its is very messy which involves failed IVA of which once she has pulled herself back together further query's will be made.

 

thank you martin2006

 

:smile:

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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well, now that they have a charging order, the outstanding amount is secured against the house and not the car. The car should show as hpi clear if checked.

 

Has the finance co. stated that the car cannot be repossessed and can be sold if so wished or is your query because she has heard thats the case from say, a mate down the pub?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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:smile:

 

Has the finance co. stated that the car cannot be repossessed and can be sold if so wished or is your query because she has heard thats the case from say, a mate down the pub?

 

is your query because she has heard thats the case from CAB

she did not take any documents with her for them to make such a bold statement

i do not know if the finance co. stated that the car cannot be repossessed and can be sold if so wished

i have not seen the paper work properly myself

I will tell her to check it out first just in case.

 

thank you for your much needed input

 

:smile:

 

dk

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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:smile:

 

 

 

is your query because she has heard thats the case from CAB

she did not take any documents with her for them to make such a bold statement

i do not know if the finance co. stated that the car cannot be repossessed and can be sold if so wished

i have not seen the paper work properly myself

I will tell her to check it out first just in case.

 

thank you for your much needed input

 

:smile:

 

dk

 

What has likely happened is the finance company arranged a "Personal Loan" for the car to be purchased and not "Hire Purchase".

 

With a Personal Loan the Finance Company has no legal interest in the vehicle as the loan hasn't been secured against the car. Your friend is, therefore, free to do with the car as she wishes.

 

If your friend, however, had bought the car under Hire Purchase then the car would have either been repossessed (or a court order for it's possession sought if a third of the payments had been met) before any CCJ or subsequent Charging Order would have been sought.

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:smile:

 

not sure wether HP or PL

this could explain why CAB stated as they did without seeing paperwork.

 

thank you

 

:smile:

 

dk

 

ps

taking son away for a few days so his mum can have a break

so my next posting will be 6/10

:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

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