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Lately , I have accummulated arrears on my nearly 5 year old car. The contract is due to end in January 2007. In late summer Direct Auto Finance wrote to me offering a settlement figure of £1,100 which was about half of what was outstanding. I agreed to pay but had difficulty raising the funds by the deadline. DFA then passed the matter to their solicitors who threatened to put a charging order against the house. I borrowed money and paid, believing this matter was settled. When I called to make the payment, the Solicitor said I would now have to pay £1,200 to cover the Court costs. I agreed and made the full payment but never recieved confirmation that the agreement was considered settled. Recently I was notified that they have applied for a charging order anyway and I have been informed by the Solicitor that they will not accept the payment as a settlement unless I pay a further £250.00 for Court costs. Can anyone advise ? My feeling is that I have already paid way over the odds for this car and that a Judge might agree with me, particulaly in view of the fact that I paid believing that to be a settlement when I could have negotiated an agreement for the arrears. Any thoughts out there.?

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Will

From what you have said this sounds like a typical yes car/ godebt [problem]

I would refuse outright, dispute the amount aand query their figures. If they are not forthcoming with sensible numbers then go for an SAR

The last thing they want is to take you to court. IF they are demanding court costs without having at the very least issued procedings I think that you would have a case for attempted fraud

 

I hope that this helps

John

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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Thanks for your responses people. Karnevil- I recieved a claim for in the post which is when I contacted the Solicitors in the first place. The orignal claim was for entire £2,200.00. When I called them, they said that they would not stop the proceedings until I made the payment which I did a short time later. The original notifcation came from the Land Registry with the Court summons the next day.

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