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Help needed for a friend who signed as a guarantor

for an old boyfriend (stoopid i know!!!) for a car value of 7.5 k.They fell out big time split up and she moved to a different part of the country.Then out of the blue a few years down the line a summons for 15k appears on the mat.My friend knows that she owes some money but fails to understand how the 7.5k minus payments and the car being snatched back comes to 15 k,she has not hidden but obviously two house moves made her harder to find.She has been to the CAB but not had any really helpful advice other than to sort out her disposable income.Court case coming up soon when the debt company will try to put an attachment on the house.She is in reduced circumstances and cannot afford a solicitor would be grateful on any advice on if she can reduce the debt,avoid the debt (unlikely i know) or come to an arrangement on repayments.Also does that interest now stop accruing or does it keep rising making it impossible to pay off.Any help/advice gratefully accepted.thank you.

Comments

  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Need a few details clarified here.
    What has happened court wise? Has she received letters from the court or just from a Debt Collector?

    Has she requested a copy of the Consumer Credit Agreement from the DCA?
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • chez000
    chez000 Posts: 121 Forumite
    As guarantor she is liable for the debt if her OH defaulted.
    No harm in asking for copies of any agreements she may have signed, on the off chance that they're not enforcable.

    Presuming this was a HP agreement?
    How much had been paid off?
    How much was outstanding?
    Seems like a lot of charges have been added on and you need to see a breakdown of these.
    Depending on how much had been paid off you can still be liable for the full amount even if they have taken back the car
  • chez000
    chez000 Posts: 121 Forumite
    Apologies, reread my post and realised I wasnt clear, result of only skim reading the post

    If the car had been voluntarily handed back only half of the full amount would have needed paying,

    It would seem like the DCA have added many charges and a huge amount of interest to the debt.

    If you have copies of the original agrement could you post them? then the good people on this forum can check the enfocability of them, many Hp providers were quite bad at drawing up an enforcable agreement.

    If your friend did make a reasonable offer of payment to the DCA hopefully this would discourage them from proceeding with court action.

    They can only get a charging order once they have a CCj and the CCJ has not been paid i.e installments missed
  • tommorow,will check paperwork and paste it on here so all you fantastic people can find loads of loopholes/advice etc.thanks again to all.
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