Help needed

eje_2

Hi All
Just after a bit of advice if possible.

In July 07 i ok out a Lease agreement via my own Ltd company but i acted as a personal Guarantor for a VW Toureg as well as putting down a £2500 deposit. With in 2 months i had problems with the car (water to passengers footwell) and asked for a replacement vehicle, of which i took delivery of a Mitsubishi in Oct 07 less premiums per month but no extra deposit. I signed a new lease but not a new Guarantee.

My business hit hard times in June 08 and i had been late paying the premium, However i had never Defaulted had no default notice served on me as far as i am aware and always paid their £25.00 late fee.

During this time my mother was diagnosed with Cancer and in Oct 08 again i couldn't pay the premium on the due date so i informed Duncton of this and said it would be paid 2 weeks late.

On sunday 25th Oct 08, 2 repo guys from EUROPOL, turned up demanding the car back, whilst they were nice enough i had no choice (my mother died the previous week and we buried her on the 26th!!).From memory there was no court order to repossess just a piece of paper from Duncton with my details. They gave me a piece of paper to say about the condition of the car when handing back.

Now ducton are chasing me for £8.5k, the remaining amount on the lease after depreciation of the vehicle has been taken into account i assume? They have taken me to court once but the details of the vehicle were the VW Toureg (which i sent back) and i submitted a defence to say that the details of the vehicle they were claiming against were incorrect as this car had been sent back.
Today i have received an allocation questionaire from Duncton which they have submitted to the court with the correct car details on requesting a fast track claim although asking for a 1 month stay presumably to see if i contact them to offer full payment.

The company closed in May 09 and i have been out of work since..so i don't have this money available but could offer monthly payments.

Is there anything i can do to defend this claim or about the personal guarantee and i have paid the appro 11 months @ £492.00 +vat of a 47 month agreement plus £2500 deposit..

It seems wrong that i have paid the above, have lost the vehicle and now they want £8.500 off me and i'll have nothing to show for it...CAN THEY DO THAT???

Whilst i signed a new agreement i have never signed a new Garauntee...but they say it is a continuation guarantee and can be placed on any vehicle i lease off them.

Please help any advice greatly received

Xbigman

Take all the paperwork, particularly the guarantee you signed, and see the CAB. You might need more legal advice from a solicitor afterwards but the CAB are a good starting point. You need to establish two facts;
1. Is the guarantee applicable to the new lease?
2. Was the vehicle legally repossessed?

The answer to those questions will determine your next actions.
Regards


X

Boozer

eje wrote: »

It seems wrong that i have paid the above, have lost the vehicle and now they want £8.500 off me and i'll have nothing to show for it...CAN THEY DO THAT???

I am sorry to hear you have hit hard times, but in reality the money you have paid(approx 7.5K) will not be near the value that the car has lost in the time you have had it, so i would think they are correct to go after this aswell.

Good luck with it, and as above, CAB would seem like a good place to start.