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charge on property


kpc70
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my partner part ex-ed his car 3 years ago with arnold clark the car he was swopping had finance on but sales rep showed us figures of new car and settlement figure and what we was paying per month figures looked correct yet 3 years later we get a letter from fortis lease car finance saying he owes £10,000 and they wanted it in full. when contacted them they said that the finance on the car had not been settled they did admit to a clerical error saying that was why it took 3 years to contact us, we contacted arnold clark they said it was not their problem and everything was done correct by them at time. my partner does not have this kind of money at moment told them this they said they will accept £10 a month until finances improve but they are going for charge on property can they do this as the property is in joint names but the debt is in my partners only?..

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i'd post in the motoring forum

 

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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Thread moved to motoring forum :)

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I dont know much about this type of financing.. but do you have a copy of the original paperwork.

 

If not, that is the first step.

 

They cannot JUST go for a charge on your property, they will need to issue a court claim first and then win any claim.

 

I dont think they can go for a charge on the property outright if the debt is just in your partner's name. After all, you are not responsible for their debt any more than they are responsible for yours.

 

I am sure someone will be along soon who will be able to answer your question more fully.

 

It would be interesting to know what the "clerical error" is/was and if it has any bearing on how they can pursue your partner for the debt.

 

Send a Subject Access Request. . draft in the CAG library.. and request all information that they hold on you in regard to the account. It will cost you £10.00

 

Meanwhile keep all communication with them to writing.. stay off the telephone. If they phone you, just tell them you dont discuss your finances on the phone.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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You do need to go through all the documents you signed and what it said about selltling the outstanding finance.

do a SAR if you do not have the copies, fron AC and the finance co.

They certainly cannot put a charge on your propety at this stage without a court ruling, just bluffing.

Dont agree to anything at this stage untill you have all the information.

put your response in writing what information you want, so you have a paper trail if they want to take it further.

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  • 3 weeks later...

They will never get a charging order imposed by the courts if the mortgage is in joint names but the d ebt is in one name.

 

They will simply apply a restriction on your title deed held by the land registry so that they will be notified when you come to either sell your property or remortgage only to a different lender. There are solicitors who know how to avoid paying any monies owed to them when you sell your house

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