Newbie needing advice

Mimi_Arc_en_ciel

GeorgeUK wrote: »

IF i got that reply from the car company, i'd do a subject access request (SAR). Basically under the Data Protection Act, they need to provide all information that they hold on your (for a £10 fee) within 40 days. All documentation they hold on you should be included so this should include the sale details of the car as this affects the amount you owe. It would also include any statements of payments and you should be able to see how they reach the amount owed.

ill send a letter to them ASAP then put they're reply on here to see what happens. To be honest ive never had to deal with debt so am clueless

standupguy

GeorgeUK wrote: »

IF i got that reply from the car company, i'd do a subject access request (SAR). Basically under the Data Protection Act, they need to provide all information that they hold on your (for a £10 fee) within 40 days. All documentation they hold on you should be included so this should include the sale details of the car as this affects the amount you owe. It would also include any statements of payments and you should be able to see how they reach the amount owed.

The sale price does not get credited to the account if the agreement was voluntary terminated as the the car and therefore sale proceeds are the property of the Finance Company and the hirer's liability is to one half the Hire Purchase price.
It appears that this might be the case with the response that the sale price was none of their business?

If the car was actually repossessed then yes, in that case, the liability is reduced by the proceeds

GeorgeUK

Get your bf to send it. If he knows he may be able to bring them down a peg or 2 it may give him some incentive to deal with it once and for all.

I think there is a template for it. Just make sure you are asking for all details they hold on you and not restrict it to an account or it's details.

GeorgeUK

standupguy wrote: »

The sale price does not get credited to the account if the agreement was voluntary terminated as the the car and therefore sale proceeds are the property of the Finance Company and the hirer's liability is to one half the Hire Purchase price.
It appears that this might be the case with the response that the sale price was none of their business?

If the car was actually repossessed then yes, in that case, the liability is reduced by the proceeds

Good point. The only thing that concerned me was the amount they say is still outstanding, so if he had paid off half the car cost then where was this £17k coming from? I though it might be safer to get all the info they hold. Something doesn't sound quite right about it.

Mimi_Arc_en_ciel

ill get him to send the letter that says "we do not acknowledge please send credit agreement plus signature find enclosed £1" think thats the one?

Thank you

standupguy

mommyme wrote: »

he definatley gave the car back voluntry - i was there when he called and i know they told him he would be better off keeping it but he insisted.

Fantastic! It looks like someone is trying to pull a fast one!
There is light at the end of the tunnel.
It looks like they have not treated the voluntary termination properly?

Your BF liability will be to half the hire purchase price - you will find this particular figure on the original agreement.

He will need to add up his deposit and all of the payments he made and compare this figure to the half hire purchase price figure on the document.

His real liability will be the difference and I am sure that will be nowhere near £15k on a C3.

If he also has PPI it looks like no partial refund was given?

Tell your bf it looks like he is being stitched up and armed with a little knowledge from this forum and you by his side he could turn the tables on these nasty people

Mimi_Arc_en_ciel

standupguy wrote: »

Fantastic! It looks like someone is trying to pull a fast one!
There is light at the end of the tunnel.
It looks like they have not treated the voluntary termination properly?

I know he never had the car long so dont know how many repayments he has made but ill send that letter and get all the info.

Someone has mentioned to me that instead of him getting and IVA he might be better off getting a trust deed? Is that not just the same as an IVA?

GeorgeUK

A trust deed is the Scottish equivalent of an IVA. If he doesn't own his own home then it's probably not for him.

If you have a joint account with him, his credit score may affect your credit score so be careful with this.

If he didn't have the car long then there's little chance he paid off half of the cost. Going in circles here.

I'd send the CCA to whoever is trying to collect the debt for the car. Can i ask, do you know when the last payment he made towards the debt was?

Mimi_Arc_en_ciel

GeorgeUK wrote: »

A trust deed is the Scottish equivalent of an IVA. If he doesn't own his own home then it's probably not for him.

If you have a joint account with him, his credit score may affect your credit score so be careful with this.

If he didn't have the car long then there's little chance he paid off half of the cost. Going in circles here.

I'd send the CCA to whoever is trying to collect the debt for the car. Can i ask, do you know when the last payment he made towards the debt was?

honestly - i dont know when he defaulted but i've been trying to sort it out for about 6 months. To begin with he didnt know who he owed so i got a credit report. Then had to try and contact the companies but none would talk to me but none had tried to contact him prior to me calling them. The old property we lived in was forwarding our mail (mostly junk) and have never been contacted so i dont honestly know when he last paid anoyone anythiong. As i say - hes an ostrich!

standupguy

GeorgeUK wrote: »

If he didn't have the car long then there's little chance he paid off half of the cost.

I agree but even if he has paid very little, half the HP price can't be more than £7500 on a C3 can it? - and that is half what they are asking for now?