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    • Couldn't agree more, really wanted a true ruling on this just for the knowledge but pretty sure the Judge made some decisions today that he didn't need to?.. maybe they all go this way on the day? We hear back so few post court dates I'm not sure. Each Judge has some level of discretion. Their sol was another Junior not even working at their Firm, so couldn't speak directly for them! that was fortunate I think because if she would have rejected in court better, she might have  been able to force ruling, we are at that point!, everybody there!!, Judge basically said openly that he can see everything for Judgement!!!  but she just said "I can speak to the claimant and find out!" - creating the opportunity for me to accept. I really think the Judge did me a favor today by saying it without saying it. Knowing the rep for the sol couldn't really speak to the idea in the moment. Been to court twice in a fortnight, on both occasions heard 4 times with others and both of my claims, the clerk mention to one or both parties "Letting the Judge know if you want to have a quick chat with each other"! So, it appears there's an expectation of the court that there is one last attempt at settling before going through the door. So, not a Sol tactic, just Court process!. Judge was not happy we hadn't tried to settle outside! We couldn't because she went to the loo and the Judge called us in 10 minutes early! - another reason to stand down to allow that conv to happen. Stars aligned there for me I think. But yeh, if the sol themselves, or someone who can make decisions on the case were in court, I would have received a Judgement against today I think.
    • that was a good saving on an £8k debt dx
    • Find out how the UK general elections works, how to register to vote, and what to do on voting day.View the full article
    • "We suffer more in imagination than in reality" - really pleased this all happened. Settled by TO, full amount save as to costs and without interest claimed. I consider this a success but feel free to move this thread to wherever it's appropriate. I say it's a success because when I started this journey I was in a position of looking to pay interest on all these accounts, allowing them to default stopped that and so even though I am paying the full amount, it is without a doubt reduced from my position 3 years ago and I feel knowing this outcome was possible, happy to gotten this far, defended myself in person and left with a loan with terms I could only dream of, written into law as interest free! I will make better decisions in the future on other accounts, knowing key stages of this whole process. We had the opportunity to speak in court, Judge (feels like just before a ruling) was clear in such that he 'had all the relevant paperwork to make a judgement'. He wasn't pleased I hadn't settled before Court.. but then stated due to WS and verbal arguments on why I haven't settled, from my WS conclusion as follows: "11. The Defendant was not given ample evidence to prove the debt and therefore was not required to enter settlement negotiations. Should the debt be proved in the future, the Defendant is willing to enter such negotiations with the Claimant. "  He offered to stand down the case to give us chance to settle and that that was for my benefit specifically - their Sols didn't want to, he asked me whether I wanted to proceed to judgement or be given the opportunity to settle. Naturally, I snapped his hand off and we entered negotiations (took about 45 minutes). He added I should get legal advice for matters such as these. They were unwilling to agree to a TO unless it was full amount claimed, plus costs, plus interest. Which I rejected as I felt that was unfair in light of the circumstances and the judges comments, I then countered with full amount minus all costs and interest over 84 months. They accepted that. I believe the Judge wouldn't have been happy if they didn't accept a payment plan for the full amount, at this late stage. The judge was very impressed by my articulate defence and WS (Thanks CAG!) he respected that I was wiling to engage with the process but commented only I  can know whether this debt is mine, but stated that Civil cases were based on balance of probabilities, not without shadow of a doubt, and all he needs to determine is whether the account existed. Verbal arguments aside; he has enough evidence in paperwork for that. He clarified that a copy of a DN and NOA is sufficient proof based on balance of probabilities that they were served. I still disagree, but hey, I'm just me.. It's definitely not strict proof as basically I have to prove the negative (I didn't receive them/they were not served), which is impossible. Overall, a great result I think! BT  
    • Seeking further advice now. The 33 days in which the defendant has to submit a defence expires at 16:00 tomorrow. The defendant has submitted an acknowledgement of service but looking to get the claim awarded by default in failure to submit the defence. This is MoneyClaim Online and can see an option to request a default judgement but believe that is for failure to acknowledge the claim within 14 days??  So being MoneyClaim Online, how do I request the claim be awarded in my favour?
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VW Finance... Baloon Payment Of £7000 Due In Apr And I Havent Got It. Help Please


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Hi all,

 

I will owe vw finance £7000 on the 1st apr as the final payment for my car.

 

My financial situation has dramatically changed since getting the car and while I can just about afford to repay the monthly fee, I certainly cant pay the £7000 that I owe as a lump sum.

 

Loans and credit cards are not an option due to my current payment history.

 

I have never been late with payment to VW Finance and was wondering if they would consider keeping my monthly instalments in place to pay the remaining balance or are they likely to insist on the full payment ?

 

I havent contacted VW yet as I wanted to ask the advice of fellow CAG members .

 

Is there a set way to go about this ?

 

I really dont want to have this car taken as we have paid in excess of £13000 already.

 

Any thoughts or ideas would be much appreciated

 

Thanks

Hope x

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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I gad a similar agreement with renault.

I phoned them and just set up finance to cover the balloon payment.

it was even cheaper per month

 

 

Thanks for the quick reply PKEA.

 

Did Renault do a new credit check on you ?

 

I'm worried that VW will and realise that I have been struggling to keep up to some of my commitments and refuse to re-finance the finance ?

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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I had a 3yr agreement where you either pay the balloon or give the car back.

I wouldnt say my payments with them were perfect and that my credit was good either.

I just phoned them up and asked if they could refinance the ballooon payment, I think they did a check on me because they said they would call me back later. ( I think it was just an internal check cos when they phoned they asked the reason for my missed payments and i explained).

They then said they would send a courier with the documents to sign.

 

I think they they know that they will make more money from your payments an interest than selling the car.

 

I did this with about 2 weeks to go on my agreement.

ITs worth asking the question now with a few months under your belt to sort something else out if they say no.

 

Good luck and post how you get on

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  • 2 weeks later...

My brother is in exactly the same position and his balloon of £2700 is due in March. The problem with my bro is that even though he has never missed a payment the lease company don't do car finance anymore and he can't go elsewhre as he has a CCJ and is now self employed.

 

I would assume that they would credit check you but im not 100% sure.

 

On the HP agreement it states: If you have paid at least one third "The owner (finance company) may not take back the goods against your will unless it gets a court order.

 

Hope this helps.

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I would assume that they would credit check you but im not 100% sure.

 

On the HP agreement it states: If you have paid at least one third "The owner (finance company) may not take back the goods against your will unless it gets a court order.

 

Hope this helps.

 

I'm not 100%, (just 99.9%) certain but I think you'll find that the 'one third' refers to the total price of the goods (car) that were original financed, and that includes any 'baloon' payment.

 

In effect all the 'baloon' payment actually does is defer an agreed portion of the original cost until the end of the agreement when it (the 'baloon') becomes payable in a lump sum.

 

The intention of the concept was that the vehicle would be traded-in for a new model and thus the 'baloon' would be settled as a part of this transaction.

 

When I was last involved in the sale and financing of new cars the manufacturers and dealers were letting it be known they would not be keen to re-finance 'baloons', but I strongly suspect that 'market pressures' may well have changed this now.

  • Haha 1

Jimbo 44 - always happy to help, but always willing to learn from being corrected too!!! Whilst any advice given may be based upon personal experience, please always be sure you seek guidance from a professional in the particular field.

 

Never be afraid to try something new. Remember that a lone amateur built the Ark, but a large group of professionals built the Titanic.

 

A 'click' on the scales is always appreciated if I have helped. Many Thanks!

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Agreed Jim April is some time off yet so you have got some time to look into the suggestions that have been made you have certainly nothing to lose by doing it.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi all :)

 

Thanks for the replies.

 

Still plucking up the courage to phone.

 

Scared that they will refuse .:x

 

 

Going to phone on monday, cos this is just stupid.Its got to be better knowing one way or the other.

 

Thanks

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Given the car is worth a lot more than £7K . now bear with me here ... try to sell the car and arrange for the purchaser to pay the £7K to VW finance they then send a letter confirming "clear title" and you pass the car on on receipt of the balance in cash or whatever.........You can of course get the payment total of sale price direct to VW they then refund the difference to you .......I've bought and sold vehicles using both these methods........I hasten to add you need to be careful .......I would prefer the split amount

 

I don't know if anyone has said the final payment has had interest applied throughout the term of the agreement .......personally I don't like the system

 

jimbo44 is 100% correct

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  • 2 weeks later...

Good news !

 

Contacted VW Finance on 26 th jan re re-finance of car and they were very helpful and understanding !

 

Received new payment options in post today,offering either a new 2 or 3 year agreement.

 

Yeah,extra to pay on the interest but at least I can afford to pay the instalments and keep my car.

 

Hopefully the money I reclaim from various credit/store cards and bank accounts will make a dent in my debt to VW and that I get to pay it off a bit sooner lol !!!

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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  • 3 weeks later...

hi all:)

 

signed and sent back new credit agreement today so legged up for another 3 years but at least I get to keep my car !:eek:

 

Thanks for all your help peeps

 

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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