Sehari Clark Mitchell

fluffyblue7210

I had a car on Finance in 1998. The car was stolen and insurance paid out the majority of the balance there was a shortfall of 2.8k. I have had a CCJ on this against me in approx 2004. I began paying a small amount as orderd by the court and stopped paying this about a year ago. I never heard anything until 2 weeks ago and have had a letter applying for arrears and also threatening action. Can I now request CCA even though its gone to court and I have a CCJ?

10past6

fluffyblue7210 wrote: »

Can I now request CCA even though its gone to court and I have a CCJ?

If you admitted the claim, then a CCA request will be no good to you, even if a CCA could not be produced, you'll have great difficulty overturning the CCJ, as the court will want to know why it's taken you 5 years to bring it to the courts attention.

fluffyblue7210

just a thought, we are 10 months into our DMP paying £148 a month I have already started the CCA with one company externally do the DMP, can I do the procedure with the companies on the DMP or would it be very confusing. Also if I did and they failed to produce would this jeopardise my DMP? Im just thinking now I want to go down some avenues and fight back. My only concern is I am paying via a DMP so I am acknowledging debt if I go down this route what would the consequences be ?

10past6

fluffyblue7210 wrote: »

I am acknowledging debt if I go down this route what would the consequences be ?

No your not, who is your DMP with?

You can request a CCA at anytime, however, if a CCA is unavailable / unenforceable, the debt charities WON'T become involved in the legal issue regarding it.

Merlinexcalibur

The car was stolen and insurance paid out the majority of the balance there was a shortfall of 2.8k.

Regarding this. Presumably this was reported to the police and there is a record of it eg a crime incident number? I don't need to say, for example, that plenty of car finance companies have 'heard this before'. But it would seem you haven't got any record going on your posts? Because, to me, surely if you had that on file with the police, this would be physical proof to show to either a court eg any action would be halted? So I am unsure as to why you are being pursued unless you never reported it as stolen for example. To the police I mean not an insurance company. Which is why I am finding it difficult to understand all this. When someone has their car stolen surely the first course of action would be to report it to the police? And that would potential negate any further action against you?

as the court will want to know why it's taken you 5 years to bring it to the courts attention.

*nods*

fluffyblue7210

Merlinexcalibur wrote: »

Regarding this. Presumably this was reported to the police and there is a record of it eg a crime incident number? I don't need to say, for example, that plenty of car finance companies have 'heard this before'. But it would seem you haven't got any record going on your posts? Because, to me, surely if you had that on file with the police, this would be physical proof to show to either a court eg any action would be halted? So I am unsure as to why you are being pursued unless you never reported it as stolen for example. To the police I mean not an insurance company. Which is why I am finding it difficult to understand all this. When someone has their car stolen surely the first course of action would be to report it to the police? And that would potential negate any further action against you?


We were on holiday when the police called us to tell us the car was found burnt out. We didnt have GAP insurance. There was a shortfall in what the insurance company paid and the balance outstanding. The company pursued me for the debt. I didnt pay and received a CCJ about 7 years ago. I havent paid all the balance and this is what they are pursuing me for

rog2

Secchiari, Clark and Mitchell are the 'in-house' solicitors for Lloyds and Black Horse. As solicitors they no longer exist as two have passed away, but Lloyds bought the rights to use the name.
So, effectively, it is still Lloyds, or BHF, who are demanding the money at the moment, although, if there is a CCJ against this 'shortfall' they could, legally, request permission from the court to use bailiffs to enforce the judgement.
You could try to negociate with them, but I have had experience with them, myself, and they are extremely difficult to deal with.
I would suggest that you have a word with National Detline - 0808 808 4000, or Community Legal Advice - www.communitylegaladvice.org.uk - tel 0845 345 4 345, to see if there is any way that you can apply to the court to get the instalments re-instated.

fluffyblue7210

Thanks for that, I had an agreement of £15.00 per month thats what the court ordered, the debt was with Black Horse. I will give them a call or my DMP company CCCS and see what they say. Thanks

Merlinexcalibur

Seems you've had a lot of cars on finance. But, as you say you had a CCJ against you in 2004, how did you manage to get another car on finance since? Which, apparently was stolen since. Hmm.

http://forums.moneysavingexpert.com/showthread.html?t=1587951

fluffyblue7210

Merlinexcalibur wrote: »

Seems you've had a lot of cars on finance. But, as you say you had a CCJ against you in 2004, how did you manage to get another car on finance since? Which, apparently was stolen since. Hmm.

How dare you. Can I ask what you are insinuating. I had a car in 1998 which I bought on Finance and subsequently in 1999 had it stolen whilst on holiday, it was reported to me via the police when I was away it was found burnt out ! - I didnt have GAP insurance and had to pay the difference, My marriage broke down in 2000 and I was left with a baby and a whole lot of debt which resulted in the inability to pay and the CCJ. I didnt get another car till year 2004 and have paid till 2007 but then redudancy twice didnt help me in paying the o/s payments and as a result of the CCJ meant me having to go to loansharks Welcome Finance. I didnt ask to be in that posittion All I am asking for is advice I dont need to be told by someone else my mistakes.