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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 5508
Experience:  Senior Associate Solicitor
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I got car finance over a year ago I missed some payments and

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Hello I got car finance over a year ago I missed some payments and they seized the car , I thought that was it now a year later they have sent a letter asking for 6500 pounds , I borrowed 5000 they said they sold the car for about 3000 I just dont get how I'm paying back more than I borrowed when they have the car aswell
Assistant: Where are you? It matters because laws vary by location.
Customer: De757rn is the address I had with it
Assistant: What steps have you taken so far?
Customer: I rang them up earlier
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that's it
Customer: replied 9 days ago.
I read that they can sue me to take the money out my wages but if they have left it to long they can not and it's been like a year

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

It depends on their terms and conditions and whether they have added any charges to the sum. It could also include legal costs. They could obtain a CCJ against you (county court judgment) and then enforce it.

How have they left it with you?

 

Customer: replied 9 days ago.
I rang them up today to question why it was so much and why they took so long to send me a letter and they didnt have many answers apart from I owe that, and they said they could force it through my wages if i didnt set a payment up or anything

They'd have to get a court order first before they can apply for an attachment of earnings order. They can't do that before they take this to court

Customer: replied 9 days ago.
Ok that's what he was saying they would have to do, the way I see it I have no car and they want me to pay back more than I borrowed still that cant be right

No it isn't but it's a loan agreement in effect with penalties if a customer defaults. They sell the car off at auction usually and nearly always they make a loss on the car so pass on the end result to the customer

Customer: replied 9 days ago.
So you saying I have no choice but to pay it
You could defend it at court on the basis their charges are unreasonable however it would be a risk and if you lost then the amount owed would be quite a bit more than what they are already claiming.
Customer: replied 8 days ago.
Ok, I'm in the army and read they cant do an attachment of earning ahaing me is that true?

Yes that's correct - it cannot be applied for if the borrower is in the armed forces or self-employed (or if the borrower is a company). So they would have to look at other options - not easy for them in my view.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

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