Finance Company Dispute

Hi

My inlaws have a problem, 4 years ago they had a car on finance, they returned the car when it was due and got another car with a subsidary of the finance company. There was a lot of issues, which involved a forged signature of my father inlaws from the finance company. It almost went to court but the finance company decided to stop proceedings and stop trying to claim.

Nothing was heard of since, the inlaws ended up moving in with us for financial reasons and then last month they got a final demand to our address from a debt collector on behalf of the finance company (the finance company had sold the debt to the debt collector) telling them they had 10 days to pay the £8500 or the baliffs would be coming.

They sent off the letter they had from the court which stated that the finance company had decided not to proceed to claim the money disputed but the finance company said that was not good enough evidence.

My father in law phoned the finance company and they told him literally that they can continue to chase him for as long as it takes to obtain the money.

Can someone please tell me where they stand and where I stand as this is my house (my name on the mortgage not theirs etc should the baliffs come calling).

Many thanks

Comments

  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi LauraB, thank you for your query regarding finance company dispute
    I would suggest your parents write a complaint letter to the debt collectors stating the debt is disputed and ask them to investigate the dispute and not to contact them in the meantime. The letter should be sent recorded delviery and a copy kept. If they do not respond or you are not happy with the response you parents can complaint to the Financial Ombudsman Service. You can find more information about disputing debts and the Financial Ombudsman Service at www.adviceguide.org.uk
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
  • thank you for getting back to me, they have already tried explaining that the debt is disputed evening sending the court documents to show that the finance company withdrew proceedings 3 years ago but the debt company are saying thats not good enough evidence and the finance company themselves are saying that even though they withdrew from court proceedings to obtain the money 3 years ago, they can still chase for the money for as long as it takes to get it?
  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
    Hi Laurab,
    If your parents have already received a final response to their complaint then they should put the complaint in with the Financial Ombudsman now as there are time limits to take action.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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