Car repo'd CCJ sent to wrong address, amount owed is extortionate -bailiffs attentding

[dmjnew]

Hi Everyone

 

Im hoping for some help on this please.

 

I took out finance december 2015 on a vehicle,

immediately fell into difficulties in January and had the car repossessed.

 

I was in complete communication with the finance company,

met the transporter to recover the car and kept talking with them throughout.

They explained that there may be a shortfall from the resale of the vehicle which i appreciated

 

I heard nothing for a month or so,

but expecting there to be some shortfall emailed the company to find out what happened next

 

. I then had a letter sent to my address from their solicitors saying a CCJ had been registered and that I had to reply to the CCJ that would be sent.

 

Next thing I received was a CCJ had been awarded to the claimant asking for £392 a month to cover the balance of almost £8k

- when only £9k was borrowed,

 

the car was returned in immaculate condition and was resold almost immediately for over £8k (internet search showed this)

 

I found out that despite having my correct address, the ccj was sent to my previous address.

 

Where do i stand in having to pay back almost 90% of the finance despite no longer having the vehicle?

 

And where do i stand that I have never had the oppurtunity to represent myself in court to explain that the vehicle was returned due to the fact that the finance company explained the shortfall would only be small and manageable?

 

Thanks in advance

[AndyOrch]

Was they aware you had changed address or did you not inform them dmjnew ?

 

PS Welcome to CAG

 

Regards

 

Andy

[dmjnew]

They should have been aware

The vehicle was collected from new address

 

Also when I emailed in asking what shortfall there was etc.. the letter I received from their solicitors stating that I would have to await the CCJ paperwork came to my new address, as have all subsequent dealings.

 

When I have spoken to the solicitors, initially they said that everything has been sent to my current address, but they then found that the CCJ was sent to my previous

[AndyOrch]

Excellent so you have absolute proof they were aware......I highlight this because previous known address is legally acceptable for the service of documents and deemed good service.

 

But.....as you have evidence they were aware then you have excellent grounds now to set a side the judgment and challenge them from the start.

 

Your thread title refers to Bailiffs attending...what stage are you at with regards to enforcement ?

[BankFodder]

We get lots of stories of people having to make up shortfall but the figures you are referring to here seem very excessive.

 

You say that bailiffs are attending. Have they already attended? You haven't referred to it again in your story.

 

I think you need to start off by gathering all information. I think you need to understand exactly how the claim figure has been arrived at and whether you are being treated fairly. Which finance company are you dealing with? Which solicitors are you dealing with?

 

It does seem very extraordinary to me that important information which would have informed you as to the exact situation manages to have gone to the wrong address, but important information after the judgement seems to be going to you quite happily.

 

I think that you need to send an SAR to the finance company – although this will take the 40 days. Additionally, I suggest that you phone the insurance company and asked them for a full statement of account. You need to see all of the figures and you need to get proper confirmation of the price for which the vehicle was sold.

 

I suggest that you contact the solicitors well – initially by telephone – and point out to them that you had no details of anything including no advance documentation, no letters before action, no statement of account, no claim form et cetera and I would ask them to give you a copy of everything. Keep it polite – but record the call. Read our customer services guide. Record the call as a priority. Same for the finance company.

 

As the solicitors appear to agree that they have been sending documentation to the incorrect address, if they cause any problems about letting you have the documentation you require, then I would explain to them that if you do not receive the documentation, that you will apply to the court for a set-aside and that your application will include a request that your costs of the application are met by them as it is clear that they have been mis-addressing the correspondence.

 

Gathering information is the most important priority here so you can understand exactly the story.

 

If you find that the shortfall has been increased by unreasonable charges and even solicitors costs which wouldn't normally be available on a small claim then I think that a set-aside should be obtained in any event and then you can put in a defence and challenge the sum. If you find that you are being treated unfairly that I think may be a counterclaim for unfair treatment could be a way to go.

 

However, this is all fairly speculative until you get all the information so you have the whole picture.

[dx100uk]

I bet they never told you ylj could vt for only 50% of the agreement

And charged you all manner of fees like repo etc etc

 

Name the seller and the finance co. Please

 

You've been had blind

[dmjnew]

I have been trying to discuss this with the finance companies solicitors, who i believe to just be a sub section of the finance company.

I have received a letter stating that I have to make a payment of £394 by tomorrow from the courts, however received a visitor from the Bailiff today regarding notice of first visit.

 

I have argued with the solicitors that this is no fair, as had I know that the charges / shortfall would be so high I never would have left my self in this position. Essentially I have been charged £8000 for borrowing a vehicle for one month!

 

Do i phone the insurance company for a full statement of accounts, or the finance company?

[dmjnew]

I bet they never told you ylj could vt for only 50% of the agreement

And charged you all manner of fees like repo etc etc

 

Name the seller and the finance co. Please

 

You've been had blind

 

Publicly or to you directly?

I was told that given my circumstances it probably made sense to hand the vehicle back and that the fact i was being helpful and open would all act in my favour.

[AndyOrch]

I would just concentrate on making the relevant applications for now to suspend the warrant (if any issued) using the N245 and set a side the judgment using the n244...time is of the essence..you can reserach the ins and outs of the claim once you have the applications rolling.

[dx100uk]

no they ripped you off

you could have Voluntarily Terminated the agreement for a total of 50%

but YOU have to do it as THEY wont tell you

as they'll want to do Voluntary surrender

whereby you pay everything and the only 'discount' you get for being 'honest and upfront'

is the sale of the car taken off the figure.

 

 

ripped off blind

NAME NAMES please

 

but you must ge the CCJ dealt with first

[dmjnew]

I would just concentrate on making the relevant applications for now to suspend the warrant (if any issued) using the N245 and set a side the judgment using the n244...time is of the essence..you can reserach the ins and outs of the claim once you have the applications rolling.

 

Thanks to everyone for taking their time to respond to my issues.

 

How do i go about filling in these forms,

in person at a court, online etc?

 

 

Are there any caveats or special wording to make them more likely to succeed?

 

Also is there a cost involved.

Im on my absolute bottom at the moment and literally have nothing for a few weeks, including oil in the tank, heating or hot water...

all good fun with a 6 year old and an 8 week old baby!!

Sorry for the sob story

 

no they ripped you off

you could have Voluntarily Terminated the agreement for a total of 50%

but YOU have to do it as THEY wont tell you

as they'll want to do Voluntary surrender

whereby you pay everything and the only 'discount' you get for being 'honest and upfront'

is the sale of the car taken off the figure.

 

ripped off blind

NAME NAMES please

 

but you must ge the CCJ dealt with first

 

Get the CCJ dealt with in the form of set aside etc.

. or get it dealt with as in pay it?

[dx100uk]

as post 9

the forms are in our legal section of the library

 

 

dx

[dmjnew]

Thank you DX - is there a fee for this, and should it be handed in over the counter of the court etc?

[dx100uk]

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

[AndyOrch]

If being unable to pay the fees (which you will claim back within the application) please read the following link as you make qualify for exemption

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?406096-LEGAL-EX160-160A-Court-Fees-are-you-exempt.-**Correct-as-at-April-2016**

[BankFodder]

If you follow the set-aside link, you will get some advice about how to deal with this. One thing that will save you a lot of time is if you try to discuss it with the solicitors and get their consent. Please follow the link for advice.

 

Secondly, in addition to the very good advice to you are receiving above, getting all the information together is really essential. I think you need really to find out exactly what the claim was about et cetera before you even start making a set-aside application. Although you say that the solicitors have agreed that the CCJ has been sent to the wrong address, have they confirmed this in writing or do you have evidence such as a telephone call recording?

 

Also, I have already suggested that you should send an SAR. You would be very wrong not to do this. It takes a long time to get the disclosure back and you should get this going straight away. It's a £10 fee but it is money well spent.

 

Finally, you have been asked by couple of people the names of the firms that you are dealing with and I am not sure that you have given us an answer.

 

You can be certain that if the errors are really innocent errors, then there will be embarrassment about it and there will be a good chance that they will simply want to try and enforce the judgement and make it less likely that you are going to get a set-aside.

 

Please let us know what evidence you have got that the solicitors agree that documents have been sent to the wrong address. Also, I think it's important to know how much documentation has been sent to the wrong address. All of this information is really necessary preparation for making a set-aside application.

 

If you don't have any evidence of their error then I think it will be very important for you to discuss it with them on the phone – recording the call, of course – and then follow it up with a letter, confirming their error and also asking them in writing for a copy of all documentation – correspondence court papers et cetera which was sent to the wrong address.

 

If they really have made these errors then there should be no reason why they shouldn't let you have a full file within about seven days. If they cause any objection then please let us know.

[theoldrouge]

Agree get the SAR running ASAP

 

Do you have a copy of the original agreement

 

If so post it up minus personal details when you have time