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    • Please see below for an extract from the letter more about my case.    You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
    • Hi,    I will look over your case shortly.   I am sorry for the delay.
    • Judges are now loaded and they are both deputies 😕
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Car finance chasing for arrears from 5 yrs ago.


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I had my car stolen 5 yrs ago and claimed on the insurance, I also had gap insurance to cover the difference. Since 5 yrs have passed I haven't got any paper work or details of who the gap insurance was with. I just remember that it was sorted out. Now suddenly 5 yrs later the car finance people are claiming I still owe them £3500, they have no details of gap cover and are threatening legal action?!!!

I have no paperwork to support my claim and can't understand why its taken them so long to contact me about it.

I have no assets to my name as I've been undergoing cancer treatment for last 4 yrs, I only work p/t so can't afford to pay this back.

Is there a time limit on companies claiming for money?

What can I do, I'm so worried.

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Not sure how I can help, but to help you find details of the gap insurance, have you got any statements (bank ones - I'm assuming you paid it by direct debit) from around that time. That would at least give you the company name and a reference number. Might be a place to start?

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

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Finance company just told me that Gap did pay out but there was a shortfall of £195. It took them 2 years to tell me about this by which time I had moved address, 4 years later they've found me and because I haven't paid the shortfall they've cancelled the original rebate from when the insurance paid out. This means that they added this back to my account plus fees and interest meaning that £195 has increased to £3500. There's no way I can pay this, I'm seriously ill with cancer and struggle to live as it is. They'll have to take me to court unfortunately.

 

i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

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Have you acknowledged this debt in writing since they contacted you? If not, and if you haven't made any payment it may be worth checking out EXACTLY how long this has been outstanding for ( from the sounds of it would be from the date the shortfall occurred ). If it's coming up to 6 yrs you may want to hold your nerve then argue statute of limitations. I'm not absolutely positive whether this would apply for your exact situation but maybe someone else can!!:)

 

Unfortunately it is less than 6 years so I can't argue on that score.:(

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i would challenge these charges in the same way one would challenge bank penalty charges. start by sending them a S.A.R - (Subject Access Request). remember not to admit liability at this stage.

 

i'm no expert on insurance but this sort of behaviour really warrants the complaints avenues investigated.

 

sorry to hear of your condition, i hope this doesn't get in the way of the road to recovery.

 

 

I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

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I'm definitely penning a complaint as we speak, I'm unsure how to approach it to be honest. when I claimed back bank charges it wasn't too difficult as there was no threat looming over me. At the moment the finance company are planning on taking me to court as they say they can justify the amount due.:(

 

In the eyes of what is reasonable, how would a debt of £195 grow to one of £3500 in 4 years?

 

I think you would have a VERY, VERY good ground for a defence.

 

Can you answer any of these questions for me?

 

1) How much was the original agreement for?

2) What was the original rate of interest

 

If the original loan was regulated by the Consumer Credit Act you should consider sending a CCA request and forcing the debt into dispute.

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From what I can gather when the insurance company paid out the finance company included a rebate for early settlement during the financed period. Because I failed to pay the shortfall that was left between the ins company and gap insurance they say they are entitled to reclaim this rebate and have therefore added this plus costs back to my account.

I have no paperwork anymore as it was so long ago and I thought it was settled I haven't got anything to work on .

What is a CCA request?

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I think it was £8500, Insurance paid out £6500, gap £1046, I'd made about 3/4 payments before the car was stolen, shortfall was £195.

 

The agreement would have been regulated by the consumer credit act.

 

A CCA request will allow you to send £1 and get a copy of the aformentioned info. This should be your next step.

 

remember that if they cannot furnish you with all the info, the debt will be UNENFORCEABLE.

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

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Yeah, just been doing that! Its really hard to be objective when you are being intimidated. This is not a small amount of money and they are pushing ahead with their legal action. I've done my letter and asked for a copy of the CCA so we'll see what happens. Thanks for advice!

 

i can appreciate that the threat of legal action might appear scary but they need ot prove that this amount of money is due. £195 growing to £3,500 in five years doesn't add up and i'm sure a judge would agree. you have a right to a statement, it will be interesting to see what it says!

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

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They just argue that under terms and conditions of the finance agreement they are entitled to add the rebate back to my account as I did not pay the shortfall. They have promised to provide me with full details of how the amount is made up. I'm getting braver now and intend to stick it out a bit as I'm convinced its unfair.

 

well as soon as the paperwork arrives we can all help move this forward!

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