Some advice on a CCJ

Gettingolder

Hi, I wonder if I could get some advice. In 2007 I bought a new honda civic type r for £26000. At the time I had a good job, the HP agreement was taken out over 5 years. 6 months later I was made redundant and struggled to keep up payments. After speaking to the loan company I handed the car back after 1 year, I was informed that the car would be sold on and that would be written off against the car and I would just be paying the difference. They never contacted me, I then went abroad for 6 months, while abroad I was offered a job in a different part of the uk. Today I received a letter from BW legal limited stating that the debt is with them and I have a CCJ for £21000 which was issued in 2008, I know BW legal like to slap people with staturory demands. I never received any correspondance from the loan company who are the British credit trust. I have checked my report and it is there.
Firstly the car would have booked at around 20k, if the ccj is correct then they would have sold the car for 5k. I am not sure what my next move should be, any help would be appreciated on this.

chalkie99

The car would have been sold through auction.

If it cost £26k new there is no way it would have fetched anything like £21K after a year.

Your finance would have been for substantially more than the cost of the car anyway. Obviously interest would have been due.

Add to that the missed payments while you were struggling, any recovery costs and interest payable on the CCJ since judgement.

You went abroad, moved back to another part of the UK ....

How were thy supposed to contact you?

Seems they have finally caught up with you so probably bst t think about how you are going to pay.

Gettingolder

When I came back to the uk I went back to my home for 2 months, I did not have any correspondence from them. I am happy to start paying the debt off, Am I entitled to find out what it made at auction and what interest charges were applied to the account. I would also if possible like to see a copy if the credit agreement so I can read the T&C's, I tried to request this from the births credit trust and they told me that they no longer have it.

Gettingolder

British credit trust (typo)

happy_bunny_2

Send them a SAR. That will find out what they have.

National_Debtline

happy_bunny wrote: »

Send them a SAR. That will find out what they have.

This is a great idea, more info on marking a request can be found here:
http://www.ico.org.uk/for_the_public/personal_information

Once you've an understanding about how the amount has been calculated you can then decide on how to move your situation forward.

If you wish to start making payments, you can consider applying to 'vary' the judgment. This will allow you to seek affordable instalments and should prohibit the easy enforcement of the debt; more info on variations here:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

One other thing, is that once 6 years passes from the issuing of the judgment they may find it very difficult to get the court's agreement to allow the enforcement of the debt.

Hope you find this information useful!

Best wishes,

David @ NDL.

spacey2012

Do you have any other debts ?
If you do and you now owe £21,000, make no mistake if they have a CCJ you owe it then if they file a statutory demand they would be doing you a favour.

They wont get any money, you will be bankrupt and back on your feet in 12 months.

When exactly in 2008 was this CCJ issued, as we are now in 2014 this could be very important indeed if you can frustrate them long enough.

I would also hold off sending them anything yet, they might be fishing for a hit.