Help!! Asset link Debt Collection

LadyPenelope30

Hi,
Sorry, this is a bit of a long one!!!

My dad was recently a victim of fraud from his son. My brother, amongst other things, got my dad to sign a loan agreement for a car that he wanted. He was the registered owner of the car, and made all payments. In August 2007 he did a runner, not having paid for the car for several months, and he went on to sell it. After he left, we found several debts in my fathers name, inculuding the car. My father was proactive and contacted all companies, including the car company. He was told that another loan that my brother had taken out with the same company should have paid off the car so he contested it and took it to court. This had by then been passed to Asset Link, a quite useless and impossible to deal with Debt collection agency. It turned out that this was not the case so in order to resolve without any further cost, he agreed to pay the remaining loan off (minus and costs and charges that had been added) admiting that he had signed it, although this was as a victim, which was recognised. This was agreed and a tomlin order made. My father was then instructed to wait for asset link to get in touch. 4 months later, despite being given his correct address by the solicitor, and it being on all the court docs, he was forwarded a letter, incorrectly addressed asking for full amount as he had broken the agreement. He contacted them and set up payments straight away which he is still making. This doesnt show on his Experian report at all as a default - the judge agreed that he was not to blame and had acted responsibly. No default was served on him at any time, and no contact was made whilst they were trying to reposess the car (which incidentally they couldnt find as it was parked round the corner??!) After several contradicting letters, Asset Link apologised but on checking his Equifax report, the amount owed is wrong, no payments are shown and it registers a default. they are also still adding charges and refusing to correct this information. How should we progress? The judge at the initial hearing was not far from throwing it out as the y failed to comply with most instructions on time and were not co-operative. Should we pursue this route again?

Thanks

Tixy

Hi.

Sorry to say I can't advise you on this - its obviously quite complex but I noticed you hadn't had any replies so am bumping it up so hopefully someone with knowledge in this area will see your post.

justruth

My advise would be yes, go back to the same solicitor. I assume that the car debt is more than the price of the legal guidance to clear your father since the original order was made. As they have failed to comply with the judges orders then they will be told a second time, the solicitor should also ask that any costs you incur should be deducted from the amount owed.

What a terriable predicament to be in, best wishes in either case.

Generally speaking for court information there is another active forum user 10past6 who is far more knowledgeable on these matter than I and has helped other users who have pm'd him/her directly.