written off car ends in charging order - advise please

[whyowhy1]

Hi peeps,

 

I have a little question,

 

blue motor finance attached a charging order to my property

as the car was written off and not paid out by the insurance company and

 

I didn't pay the debt as my exs fault (wish I did now) lesson learnt!!

 

I have had a letter stating blue motor finance as been sold to another company.

 

Will this charging order still stand?

 

Also any tips if it does and I offer a full and final to clear an remove it

do you think I will have any joy?

 

Thanks in advance

[dx100uk]

tell us the full story

 

did you know about the CCJ, then the CO court cases?

 

did you not have GAP or any other insurances charged on the agreement?

 

something smells here already.

 

have you got all the paperwork

inc the court docs?

 

dx

[whyowhy1]

Thanks for your reply.

 

I've looked on my credit file and there's a ccj there.

 

I remember I recieved some papers from court but not sure as to what they said and I didn't reply.

 

The car was written off the night I gave birth in hospital.

 

As I'd just changed insurance to get my ex boyfriend (now) on it so he could drive me home that night

 

apparently they had a house party

 

someone took keys and took car and smashed it.

 

We got insurance out but wouldn't pay out as they wanted my boyfriends phone bill.

 

I did take gap out.

 

The issue was just left as I was so upset an angry and as I had to give my attention to my newborn.

 

Now i will have a look see if I have any letters after work,

but I've never paid a penny and they haven't chased me for it. I

 

t's gone from 8500 to 12grand since 2008.

 

I recieved a letter saying blue have sold it to 5rivers ltd now.

[whyowhy1]

And it's never been on my credit file but a ccj as been put on.

[dx100uk]

well that's not right

if gap was involved that should have made up the diff between the insurance payout & the outstanding payments.

 

that's what gap is for!!

 

find that paperwork

 

i'll get someone to pop in.

 

dx

[theoldrouge]

Away till fir,

 

initial questions.

 

Was the car reported stolen at the time?

 

Date of the theft?

 

Has ex any property he owns?

or regular employed income?.

 

Lots of info required-all correspondence with ins co,

 

all info on claim and judgment,

 

agreement and all gap tandcs ,

 

date of judgement.

 

Any correspondence from finance co

[garage flower]

well that's not right

if gap was involved that should have made up the diff between the insurance payout & the outstanding payments.

 

that's what gap is for!!

 

 

We got insurance out but wouldn't pay out

 

GAP will only pay the short fall between what the insurance pay and the outstanding balance. GAP won't pay if the insurance company doesn't pay.

 

To answer the question in the OP, yes I'm afraid the charging order will still stand. Creditors winding up or changing ownership does not affect your liability.

 

Also they may accept an offer to clear the debt but this will be done at their own discretion. Contact them, preferably in writing, and see what they say

[theoldrouge]

Facts first,multitude of variables,offers or otherwise depending on the facts