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Hello my name is Alex and 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What did the FOS say about your claim please?
the complaint with the FOS was that the infomration was not provided, i did mention that i felt the debt was no longer owed but did not give details as to why. at present they have said they feel the amount is still owed but they do not know any details of the agreement, they also had the incorrect infomration in regard to balances owed etc.
Its probably bad news I am afraid
You have been paying the debt
In reality you are liable for it no matter how unfair your redundancy position is
Are you owed money from this or do you still have arrears?
it has technically been in arrears since 2009 when i failed to keep up the first full payment, they were not even sypathetic to my situation and cahsed me agressively and did not offer alternative arrangements until the had taken the vehicle back.
Yes I understand, but are there arrears?
As of now?
yes af far as they are concerned
Ok - well sadly you have to repay it
If you had the car and it was given back, they will sell the vehicle and apply the proceeds
If there is a shortfall and there will be, you are liable for that
So that is your debt and by paying it you are agree the fact
Your only options is to complain to the FOS about the debt itself and the way it has been handled.
If they find for you they could recommend that it is written off
But if they dont find for you, you could try and take it to Court but the lender will use the FOS decision against you
Technically you are liable
But try the FOS to see what they say about the debt itself
I realise this may not be necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
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