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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I took out finance vehicle in 2007, which I had paid

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I took out finance for a vehicle in 2007, which I had paid enough to return the vehicle with nothing else to pay in 2010 and had arranged to send it back. Unfortunately it was involved in an accident which it was a total write off and my insurance company paid the ‘Market Value’ of the vehicle at the time. I then received a letter stating I still owed the difference between what I had paid, the insurance company had paid and the total finance, which was approx £3000.00. I wrote to say I didn't agree and heard nothing back from them. My credit file showed the loan as closed and settled so I presumed the matter was closed. The 5 years later I have received a court summons for approx £6000.00 as interest has been added since 2010!! I've heard nothing from them till now and still don't believe I owe them anything. Could you give me some advised as to if I have a case?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.Did you have GAP insurance please?Alex
Customer: replied 11 months ago.
No I didn't have GAP insurance
Expert:  Ash replied 11 months ago.
Did they ever accept that there was full and final settlement in writing and that the account was closed?
Customer: replied 11 months ago.
No I haven't received anything from them for over 5 years
Expert:  Ash replied 11 months ago.
Its bas news I am afraid. Sadly unless they confirmed in writing that you were released then they can still pursue the debt. Just because your credit file shows that the loan is closed does not mean it bars them from a claim.They have 6 years to bring a claim and if it was the case that you were due to hand the car back and it had been involved in an accident then you are liable for any sums which were outstanding on the finance.This is because it may have been wise to have GAP insurance which would have covered the difference between market value and finance value.But sadly in my view you are liable. However if it went to Court then a Judge wouldnt award 8% as I am sure that is what has been claimed, but probably 2 or 3%.But based on what you have said unless they actually wrote and said there was nothing owing or it was final, then you are liable.I am sorry if this is not the answer you are after 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?Alex
Customer: replied 11 months ago.
So in your opinion it would not be wise to go to court as you think we would loose? Also they have said they are deciding on whether to apply for summary judgement, can you tell me what this means? Do you therefore think we should contact me to come to some agreement?
Expert:  Ash replied 11 months ago.
I think you would lose yes. Summary Judgment means you have no defence and they apply to Court and say there is no point having a trial.I think you should agree on the principal sum but not the interest and costs.Does that help?Alex
Customer: replied 11 months ago.
So would you contact them direct to discuss this with them before it goes any further?
Expert:  Ash replied 11 months ago.
Yes I would contact them if I were you.Does that clarify?Alex
Customer: replied 11 months ago.
Yes thank you for your help and honesty.
Expert:  Ash replied 11 months ago.
Happy to help. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi Alex, I have contacted them by email to get clarification as to why they haven't contacted me to given me chance to come to some arrangement with them and they have emailed me back stating they have but with all the wrong dates (by years) and wrong address!! Where would you go from here?
Expert:  Ash replied 11 months ago.
I would send a formal letter in writing, not email
Customer: replied 11 months ago.
Ok, I only sent it by email as she copied me into the one she sent to the court. So shall I say about all the wrong dates and address?
Expert:  Ash replied 11 months ago.
Yes I would do so. Alex
Customer: replied 11 months ago.
They copied me into an email to court attaching the claimants directions questionaire and have ticked 'no' to mediation, when I asked her why she said it was because she was preparing an application for summary judgement. Even though you say we are liable for the outstanding money, what will happen if this is accepted by the court and will it help us that they have quoted the wrong dates and sent letters to the wrong address?
Expert:  Ash replied 11 months ago.
There would be a hearing for summary judgment so you can put your case.Alex
Customer: replied 11 months ago.
so would it be up to the judge to decide to accept a summary judgment and would it go in my favour that they have supplied to wrong info?
Expert:  Ash replied 11 months ago.
Correct, up to the Judge. Alex
Customer: replied 11 months ago.
so just to clarify, as I've never had this happen before so am not familiar with it...I should send a letter in writing stating the wrong information and see what happens from there? and it would be necessarly a bad thing to go to a hearing?
Expert:  Ash replied 11 months ago.
Yes you need to submit a statement in response. You must also go to the hearing as the Judge may want to hear from you. Alex
Customer: replied 11 months ago.
Thanks for your help with this, sorry to ask you so many questions, but even tho I may initialy have owed to money, I feel very strongly that they have not been professional in the matter and the customer service has been diabolical. There are a;lot of things they haven't followed up on,
Expert:  Ash replied 11 months ago.
Indeed. Good luck. Alex
Customer: replied 11 months ago.
Thank you

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