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CCJ claim against me

mrchimps
Posts: 124 Forumite


Hoping somone can help.
We purchased a car a few years ago from Arnold Clarke with finance from marsh finance.
The total of the agreement was £10,014 and we paid off the sum of £9,585 during the loan period. The car had a lot of trouble in the last year of the agreement and we ended up just scrapping it.
We had 1 or 2 letters of marsh finance saying we owed some money but at the time my wife had lost her job and we were both battling depression, and ofcourse we ignored them.
Haven't heard from them again until today when I get a CCJ claim form for £1486.91
stating:
The claim is for £529.00 plus due interest from the defendant upon termination of the regulated hire purchase agreement number ********** dated 31/03/09(signed at unknown) for a vauxhaul zafira with reg******. the agreement was terminated by the claimant on 15/12/10 as the defendant failed to remedy the the breach default notice dated 10/11/10 the total amount payable was £10,014 the defendant paid £9,585.22 plus the claimants charges of £100 leaving a balance of £529.22 plus interest accrued at the sum from the termination to date at the contractual rate of 26.7% per anum in accordance with clause 15 of the terms and conditions of the agreement and being 2071 days at £0.39 being £807.69 and continuing at the daley rate of £0.39 until judgement or sooner payment. Alternatively for a like period at 8% p.a.in accordance with s69 county courts act 1984.
I'm rubbish at legal stuff and i know this should have been sorted out long ago, but this sum seems ridiculous. I'm terrified of courts but this seems very harsh.
Any one offer any help?
We purchased a car a few years ago from Arnold Clarke with finance from marsh finance.
The total of the agreement was £10,014 and we paid off the sum of £9,585 during the loan period. The car had a lot of trouble in the last year of the agreement and we ended up just scrapping it.
We had 1 or 2 letters of marsh finance saying we owed some money but at the time my wife had lost her job and we were both battling depression, and ofcourse we ignored them.
Haven't heard from them again until today when I get a CCJ claim form for £1486.91
stating:
The claim is for £529.00 plus due interest from the defendant upon termination of the regulated hire purchase agreement number ********** dated 31/03/09(signed at unknown) for a vauxhaul zafira with reg******. the agreement was terminated by the claimant on 15/12/10 as the defendant failed to remedy the the breach default notice dated 10/11/10 the total amount payable was £10,014 the defendant paid £9,585.22 plus the claimants charges of £100 leaving a balance of £529.22 plus interest accrued at the sum from the termination to date at the contractual rate of 26.7% per anum in accordance with clause 15 of the terms and conditions of the agreement and being 2071 days at £0.39 being £807.69 and continuing at the daley rate of £0.39 until judgement or sooner payment. Alternatively for a like period at 8% p.a.in accordance with s69 county courts act 1984.
I'm rubbish at legal stuff and i know this should have been sorted out long ago, but this sum seems ridiculous. I'm terrified of courts but this seems very harsh.
Any one offer any help?
0
Comments
-
Hi,
The important think here is when you made the last payment for the car.
The agreement was terminated in Dec 2010, so it's likley your last payment would of been a few months before that date, can you remember the date of your last payment ?
It's very important !!I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi, thanks for the reply.
The last payment i can see £20 made on 4th April 2014, and others ranging ranging back 18th june 120 -
Hi, thanks for the reply.
The last payment i can see £20 made on 4th April 2014, and others ranging ranging back 18th june 12
So you made payments after the agreement was terminated ?
So that leaves you with only two options.
You either admit the debt, or you dispute it.
You say you don't agree with the interest charges, but I would assume the original agreement allows them to charge it, whatever you choose to do, you need to act quickly as strict time limits apply here.
Your best bet would be to admit the debt is yours, and make a proposal of payment you can afford to the court.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Many thanks for the reply.
looks like I will just have to go with it and ask for time.
Thanks for your help.0 -
Just in case there are other options, check out :
legalbeagles
Google is your friend here.
they know all there is to know about all things of a legal nature.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
thanks will have a look over there0
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