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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
When was the last payment date please?
Hi Alex. Approximately September 2011.
1) Yes they could TRY and issue a claim or get you to pay
They have 6 years from the date of last payment under the Limitation Act 1980 to try and bring a claim
But given what you have said I am sure any claim would not be successful, but they have 6 years
In any event you would be able to sue them and the finance company as the finance company is jointly liable under section 75 of the Consumer Credit Act for breaches by the supplier
2) Yes the fact you were sold a UK vehicle but an import is breach of contract by misrepresntation
Had you know the true origin you would have not likely purchased it I assume
That being the case the remedy is that any debt is written off
If they knew that the item was imported and told you so, then this could be considered fraudulent misrepresentation and in fact you could sue them
But under the circumstances Jon I am sure they want to maintain the status quo
Thank you Alex, that is very helpful. Referring back to my original questions - Am I right in assuming that if they have had the car back and sold it, they have therefore recouped a significant sum of money and that should be shown in their calculations of what they feel is owed?
Yes indeed that is correct.
You would be due a rebate and the value back to the account
Excellent. Lastly, what about the interest charges? Effectively they've had the vast majority of their money back by way of my deposit and payments made in the early months and the sale of the vehicle. Can they charge me for outstanding payments and/or interest when they've recouped so much?
Well they can try but of course you would have a claim against them for breach of contract by misrepresentation
Therefore they are unlikely to try
Any rebate / charges would be governed by the consumer credit act
There is a formula
Can I clarify anything else?
No thank you, XXXXX XXXXX been very helpful. I'll leave feedback so you can get your fee. Many thanks again. Jon