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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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My boyfriend had a car on HP form VW. He'd been a loyal

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Hello, my boyfriend had a car on HP form VW. He'd been a loyal customer for years with no missed payments. Last year his financial situation meant that he chose to give the car back to them early. In his contract there was about a year remaining until the official date he could walk away with nothing to pay and give them back the car. He couldn't afford to do this though so called them up to arrange collection. The collection man said he didn't think he'd hear anything else off them as the car was given back in mint condition with no problems. A while later he received a letter asking for full repayment. He called them up and said he could't afford it and they agreed to £10 per month direct debit and said they'd send the direct debit forms out in the post. Instead what arrived was a letter from a solicitor saying it had been passed on to them now and VW wanted £18k paid in full or court action and ccj would be issued and be charged against his flat to be paid when its sold. The flat is only on interest only and its only worth about £100k when paid off in about 15 years.
He called up the solicitor and offered £100 per month but they refused it. As a last desperate attempt to avoid ccj he offered £5k but they refused that too and said they wanted £8k in full or court. Surely this is unlawful ? I think offering £100 per month for £8K is more than reasonable. So my question is how does he avoid going to court and CCJ being issued? I don't think he should pay anything more than £20 per month if anything at all seeing as the car was handed back in mint condition. He doesn't want a ccj and doesn't want to pay thousands of pounds.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Hello ?
Customer: replied 10 months ago.
is anyone there? I have paid the money...
Expert:  Jo C. replied 10 months ago.
Is there any reason you think that £8k may be unlawful?
Customer: replied 10 months ago.
The car was handed back in perfect condition and it was fully discussed with VW beforehand. They said they didn't think anything else would happen . Even the collection guy said he didn't think there'd be any further action and the customer advisor on the phone said they weren't going to ccj him then they suddenly changed their mind.
Expert:  Jo C. replied 10 months ago.
Well, yes, but that doesn't mean they can't pursue this if they want to. They have chosen to. Come what may, he escaped early. I realise the car might have been in good order but there will still be negative equity in it because cars always do lose value.
Expert:  Jo C. replied 10 months ago.
In any event, there is a CCJ so it matters not really at this stage.
Expert:  Jo C. replied 10 months ago.
To pay in instalments he needs to apply to the Court for a variation order.He will be allowed to pay in instalments although they will probably want more than £100 a month if the overall CCJ is £8k. Also, he may want to pay more as he will be paying interest.
Customer: replied 10 months ago.
How can he get out of it? He doesn't have that kind of money and is willing to offer £100 per month. His flat isn't worth much and £18k would be a huge chunk.
Expert:  Jo C. replied 10 months ago.
They will consider his means though and arrive at a sum that can be managed.
Expert:  Jo C. replied 10 months ago.
he can appy for a variation order.If this is £18k not £8k then they will probably want more than £100.
Customer: replied 10 months ago.
well it was £18k then they changed it to £8k. They went through an income and expense form the day they agreed to £10 per month. It showed he couldn't even afford that but he was willing to pay it. Thats why I think its unlawful that they are trying to bully more money out of him even though they have the income and expense form to show he can't afford it .
Expert:  Jo C. replied 10 months ago.
Who agree to £10 a month?
Customer: replied 10 months ago.
VW went through an income and expense form with him. It showed negative meaning there was more going out than coming in. They then agreed to £10 per month and said they'd pop the direct debit forms in post.
Customer: replied 10 months ago.
Instead they passed it on to a solicitors and they sent a letter saying they would go to court and apply a ccj against his flat to be paid when he sells.
Expert:  Jo C. replied 10 months ago.
that doesn't mean they can't take enforcement action I'm afraid.
Expert:  Jo C. replied 10 months ago.
for £10 a month then they probably would.I'm afraid they could well seek a charging order and they would probably get it.
Expert:  Jo C. replied 10 months ago.
Although they will not get an order for sale.
Customer: replied 10 months ago.
in the end he offered £5k to settle it but they refused. Is that not a bit unfair? and £100 per month it would be paid off in a few years sooner than he'd sell the flat.
Expert:  Jo C. replied 10 months ago.
They can't be forced to settle for a lesser sum I'm afraid.It might achieve more if he put the offer in writing.
Customer: replied 10 months ago.
he didn't even have the car to show for it. Perhaps he should have kept hold of it if he's being forced to pay in the long run anyway. They've sold it on now so they got their money anyway now they want more.
Customer: replied 10 months ago.
ok so you suggest sending their solicitor a letter offering £100 per month until the £8k is paid off ?
Customer: replied 10 months ago.
That would be 6 1/2 years. So they'd get their money sooner that way rather that waiting 15 years to sell the flat.
Expert:  Jo C. replied 10 months ago.
That is probably why it is reduced to £8k.
Expert:  Jo C. replied 10 months ago.
start paying now.Then apply for a variation order.It is always easier to get them if you have been paying though.
Customer: replied 10 months ago.
I think they may be under the impression that he's rich as he used to have 7 properties with his ex wife. His name is ***** ***** the deeds for those properties but he has no rights over them as they were all given to the ex wife and he agreed to it in court and it had a judges stamp. He only has the flat. The solicitor said they'd looked on the land registry so they may have seen all those properties and assumed he still had ownership over them but he doesn't.
Expert:  Jo C. replied 10 months ago.
that is probably right.
Customer: replied 10 months ago.
should he explain that land registry situation to them. He has a judges stamped letter he can show them. Would it help? Ok so he'll start paying £100 per month. Do we have to wait for court to apply for the variation order?
Expert:  Jo C. replied 10 months ago.
No, not really. They have a CCJ against him.If he doesn't have those properties then it will come out at the variation order.There is no point in negotiating with them now.
Customer: replied 10 months ago.
Ok thank you for you time and help. So we should just write them a letter and then let it go to court and then apply for the variation order?
Expert:  Jo C. replied 10 months ago.
I wouldn't bother writing to them at all Just apply for a variation order.
Customer: replied 10 months ago.
ok. can he do that right now? How do you do that?
Expert:  Jo C. replied 10 months ago.
You can apply using the N245 forms. It is really easy. Make the best offer he can.
Customer: replied 10 months ago.
does that stop a ccj or is it just that the ccj is being paid off in instalments rather that being applied to the flat?
Expert:  Jo C. replied 10 months ago.
No.It allows him to pay in instalments.They probably will get a charging order anyway but at least they can't seek an order for sale.I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69774
Experience: Over 5 years in practice
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