 |
By (user no longer on site) OP
over a year ago
|
Reaching out in the hope that some of you guys might have knowledge of the CCJ process (from a legal perspective)
I am genuinely trying to help a friend out here and tbh, at the moment, I'm working on his version of events
In short, this friend owes a bank just over £1,000 for payments they believe they are due on a car loan
They have referred the matter to the County Court to re-possess the vehicle AND, in addition, recover the grand + court fees from him.
They recognise that he has paid over £16k off the loan but are insisting he has missed payments and that they are entitled to recover the car AND the losses.
Is this correct ?
Can they effectively take off him 10/11 grand for a debt of a grand ?
---
I'll follow up with more background in a minute
Bear with ...
|
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
It will be the £1,000 plus court costs and the bailiffs costs which could potentially add another £4-500 on top. It wouldn’t get to that much unless hecontinually ignored any court letters. There’s lots of help on the Martin Lewis site for dealing with things such as this and template letters x |
Reply privately, Reply in forum +quote
or View forums list | |
|
By *plshropsCouple
over a year ago
shrewsbury |
Depends on how he borrowed the money
Non ltd company less than 25K
HP they need a court order before repo as he has paid more than 2 thirds
loan depends if the car was used as security if it was not then they cant repo it
as for the costs he is liable if he had offered to make a small payment each month he would have kept the car
|
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
if he owes a grand then he owes it .
simple as that.
if it goes down the court / bailiff route and they have a high court order they can sieze goods to the value of to recover the debt.
so they may remove goods from his home to the value of .
they may sieze the car..
This is not legal advice but its what they do on the tv documentarys. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
For background, he took the loan out in 2015 and in 2016 suffered a huge heart attack.
He recovered from this but with some brain damage, particularly memory loss and a lack of focus
As such, he has been unable to work since and is registered disabled.
(He did manage to get use of his licence back after about 12 months, doctors reports and driver assessment centres)
Despite this, he has managed to keep up with his payments (or at least thought he had) and until April of this year heard nothing from the bank about recovering these missing payments.
He received a letter on 9th August and paid £1,000 off a £2,000 debt they said he had there & then
He heard nothing else until this week when he received court documents.
He rang Customer Services and was told they can't discuss it as it is with their legal team.
He has since been to CAB and asked for advice and they have told him as court papers have been issued, there's nothing he can do to stop the process.
---
Something isn't adding up
Either he is being liberal with the truth, or he has had other letters that he hasn't addressed due to his memory loss or the bank have missed a trick
I dunno, I just can't get my head round it
So maybe you guys can help a little ?
In the mean time, I've asked him to come round with everything he has on the car finance, statements from his bank, the banks letters, the court letters, the lot
I might be able to do sod all, but you have to try and help
|
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
Why is he not paying the bag of sand .
best and cheapest solution here is to contact the bank and set up a monthly payment for the outstanding.
or sell the car , pay the bank , buy another car |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
ok so go to court , explain the health situation and the court will probably order him to pay monthly.
or as i said sell the car , pay the grand in court .
buy another car. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"ok so go to court , explain the health situation and the court will probably order him to pay monthly.
or as i said sell the car , pay the grand in court .
buy another car."
Yes sell the bleeding car  |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
"Why is he not paying the bag of sand .
best and cheapest solution here is to contact the bank and set up a monthly payment for the outstanding.
or sell the car , pay the bank , buy another car"
tried that - i offered to pay it off for him (and him pay me back)
won't engage him now it's gone legal. they want the car, nothing less. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
"ok so go to court , explain the health situation and the court will probably order him to pay monthly.
or as i said sell the car , pay the grand in court .
buy another car.
Yes sell the bleeding car "
he can't legally do that as their records will show outstanding finance |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
"Depends on how he borrowed the money
Non ltd company less than 25K
HP they need a court order before repo as he has paid more than 2 thirds
loan depends if the car was used as security if it was not then they cant repo it
as for the costs he is liable if he had offered to make a small payment each month he would have kept the car
"
it was on hp through a car dealer so yes the vehicle would be security |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"ok so go to court , explain the health situation and the court will probably order him to pay monthly.
or as i said sell the car , pay the grand in court .
buy another car.
Yes sell the bleeding car
he can't legally do that as their records will show outstanding finance "
Yes HPI will show that but buyers understand and allow you to clear the finance.. dealers do that all the time |
Reply privately, Reply in forum +quote
or View forums list | |
There must be a legal contact within their legal team that he can speak to rather than customer services.
Technically if he is willing to engage with them now and settle ‘out of court’ then there should be someone he can speak to about that. The proceedings can be stopped by the claimant.
They are allowed to repossess the car though if he has missed payments and force him to pay the missed ones as he had use of the car for that period. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By *good-being-badMan
over a year ago
mis-types and auto corrects leads cock leeds |
Only time I've gone down the ccj route I was the claiment..
The papers that were served on the defendants offered more or less two options 1) accept the debt and asked them for proof of earnings outgoings etc so they'd pay it off at a reasonable rate . 2) contest the claim and at that point we'd be seeing the judge.
I suspect your friend has ignored or missed a letter or the court papers at which point the court can find against him in his absence .
Has he moved recently ? |
Reply privately, Reply in forum +quote
or View forums list | |
He needs to go through his bank statements to see how much he has paid in total and when he stopped paying them. Plus you say he paid a £1000 of an outstanding £2000 in August so he still owes a £1000 and has made no effort to clear that amount. When creditors start chasing you for money you need to keep them in the loop all the time and be making a nominal payment each month even if it's £1 whilst you try and sort out a payment plan. You have to show willing as ignoring them won't make them go away. They go down the route of court and CCJs when people continue to ignore letters etc. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
He's brought the letters
It would appear that they have fucked up
He has letters dated earlier in August stating his outstanding balance as £1,077
The court papers are claiming £2,077 + court fees
I am assuming the court papers would now need to be re-issued thus given him the opportunity to settle the balance ?
I'm just going through his bank statements to make sure they match their statement of account |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"Reaching out in the hope that some of you guys might have knowledge of the CCJ process (from a legal perspective)
I am genuinely trying to help a friend out here and tbh, at the moment, I'm working on his version of events
In short, this friend owes a bank just over £1,000 for payments they believe they are due on a car loan
They have referred the matter to the County Court to re-possess the vehicle AND, in addition, recover the grand + court fees from him.
They recognise that he has paid over £16k off the loan but are insisting he has missed payments and that they are entitled to recover the car AND the losses.
Is this correct ?
Can they effectively take off him 10/11 grand for a debt of a grand ?
---
I'll follow up with more background in a minute
Bear with ...
"
The only real hope he has, is has he paid off ó er half of the amount of finance. If he has there is a standard letter to send and he can give the car back and walk away from the whole deal. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"He's brought the letters
It would appear that they have fucked up
He has letters dated earlier in August stating his outstanding balance as £1,077
The court papers are claiming £2,077 + court fees
I am assuming the court papers would now need to be re-issued thus given him the opportunity to settle the balance ?
I'm just going through his bank statements to make sure they match their statement of account "
Is there a number to call to complain about the amount being wrong? Hope his statements match. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site) OP
over a year ago
|
"He's brought the letters
It would appear that they have fucked up
He has letters dated earlier in August stating his outstanding balance as £1,077
The court papers are claiming £2,077 + court fees
I am assuming the court papers would now need to be re-issued thus given him the opportunity to settle the balance ?
I'm just going through his bank statements to make sure they match their statement of account
Is there a number to call to complain about the amount being wrong? Hope his statements match. "
Yup they all match
The bank have been too quick to take this legal and, from what I can see, have not attempted to broker a payment plan.
His brain is quite simply not capable of processing all this and he's like a lost child.
It is genuinely sad to see knowing how sharp he used to be
His one mistake has been not addressing it and asking for help sooner
It's a mix of his mental condition and (I suspect) a bit of male pride too, but I am going round tomorrow to try and address this (and their legal mistake) with them.
Not how I envisaged the first day of my holiday but needs must |
Reply privately, Reply in forum +quote
or View forums list | |
|
By *good-being-badMan
over a year ago
mis-types and auto corrects leads cock leeds |
"He's brought the letters
It would appear that they have fucked up
He has letters dated earlier in August stating his outstanding balance as £1,077
The court papers are claiming £2,077 + court fees
I am assuming the court papers would now need to be re-issued thus given him the opportunity to settle the balance ?
I'm just going through his bank statements to make sure they match their statement of account
Is there a number to call to complain about the amount being wrong? Hope his statements match.
Yup they all match
The bank have been too quick to take this legal and, from what I can see, have not attempted to broker a payment plan.
His brain is quite simply not capable of processing all this and he's like a lost child.
It is genuinely sad to see knowing how sharp he used to be
His one mistake has been not addressing it and asking for help sooner
It's a mix of his mental condition and (I suspect) a bit of male pride too, but I am going round tomorrow to try and address this (and their legal mistake) with them.
Not how I envisaged the first day of my holiday but needs must "
Hope you get it sorted |
Reply privately, Reply in forum +quote
or View forums list | |
|
By (user no longer on site)
over a year ago
|
"He's brought the letters
It would appear that they have fucked up
He has letters dated earlier in August stating his outstanding balance as £1,077
The court papers are claiming £2,077 + court fees
I am assuming the court papers would now need to be re-issued thus given him the opportunity to settle the balance ?
I'm just going through his bank statements to make sure they match their statement of account
Is there a number to call to complain about the amount being wrong? Hope his statements match.
Yup they all match
The bank have been too quick to take this legal and, from what I can see, have not attempted to broker a payment plan.
His brain is quite simply not capable of processing all this and he's like a lost child.
It is genuinely sad to see knowing how sharp he used to be
His one mistake has been not addressing it and asking for help sooner
It's a mix of his mental condition and (I suspect) a bit of male pride too, but I am going round tomorrow to try and address this (and their legal mistake) with them.
Not how I envisaged the first day of my holiday but needs must "
You're a very good friend.  Hope they sort it. |
Reply privately, Reply in forum +quote
or View forums list | |
|
By *ercuryMan
over a year ago
Grantham |
Might be worth seeing if you can get a solicitor to look at it. Some offer a few minutes of free legal advice, just to see if the case is worthy of defending.
Big institutions like to walk the line of legally chasing and bullying. |
Reply privately, Reply in forum +quote
or View forums list | |
» Add a new message to this topic
