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Company Threatening to bankrupt me

Hi all i use to have a car with yes car credit, due to an accident that wasn't my fault the car got wrote off. the shortfall on the car wasnt completely covered and go debt.co.uk chased me for this shortfall £2500

they threatened to bankrupt me about 4 years ago if i didnt pay them the £2500... after some debating with them we came to the deal that i would pay £2000 to pay the car off..

I got a loan very high interest to pay them and they sent them a cheque for the full amount.

Go Debt.co.uk said the cheque got to them a day late and now wanted the full amount.... they cashed the cheque and im still paying it back to the loan company..

they have sent me another letter today saying that if i don't arrange a pay back plan then they will start court proceedings to bankrupt me......

Is there anything i can do to stop this, im not paying them another penny as the loan i took out to pay them was 39% APR (WELCOME FINANCE)

Any info would be appreciated and thanks in advance
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Comments

  • curly04
    curly04 Posts: 7,247 Forumite
    so you paid them £2000.00 of the £2500.00 is that correct?
    Total Weight Loss - 28lb and counting
    AD 17/11/2010
  • james28_2
    james28_2 Posts: 20 Forumite
    yes welcome finance sent them the cheque which they cashed.....
  • How much are they saying is outstanding, have they aded anything?

    I hope not :D;)
  • Falze
    Falze Posts: 872 Forumite
    Did you get the full and final settlement offer from them in writing ??
    I'm no expert, but i'll give you my opinion, my support and my experience. Its all i have.


    Delcared BR 28th May'10 - Married 30th April'11 - Auto Discharged 28th May'11 - Life Changing
  • james28_2
    james28_2 Posts: 20 Forumite
    after they got the cheque they said as its a day late they wanted another £1000, they sent me a letter to say the offer was open for 10 days for the £2000 but they said welcome finance were a day over this so the offer wasnt available to me any longer..... if this was the case wouldnt they send the cheque back?
  • curly04
    curly04 Posts: 7,247 Forumite
    Thinking from the top of my head i dont think they can't by law make you BR for £500.00, it has to be over £700.00

    And also for them to make you BR it will cost them over £1000.00 in fee's to get nothing back.

    Can you act daft? Phone them back, act a bit daft and ask them for a letter asking for amounts etc as you are sure you paid them, then see what they say!

    Let us know the out come

    Curls
    Total Weight Loss - 28lb and counting
    AD 17/11/2010
  • curly04
    curly04 Posts: 7,247 Forumite
    Also tell them

    That you saw them cashing the cheque as acceptance of your full and final payment
    Total Weight Loss - 28lb and counting
    AD 17/11/2010
  • Tell them to put it in writing, and to get on with it, if they want to try to explain to a court how they can justify adding £500 for one day.

    But you will be counterclaiming for unlawfull herrasment.

    It will cost them 1k+ to make you bankrupt, so even if they had an air tight case, it would be unlikely, but as they have falsly inflated the debt, there is no way they will risk loseing the fee;)
  • james28_2
    james28_2 Posts: 20 Forumite
    spoken to the company, they said there is £1000.27 outstanding because welcome finance were a day late paying them the cheque, i asked them why would they cash that cheque if they didnt accept the amount and they said that they cant turn away any money offered to them, they are emailing me a breakdown of the payment of £1000.27 today or tomorrow.
  • Just to clarify, you paid 2K four years ago, am i reading that right, if so, is this the first time they have contacted you since?
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