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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12084
Experience:  Senior Associate Solicitor
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I was missed sold a car on finance in 2008. I missed a few

Customer Question

Hi I was missed sold a car on finance in 2008. I missed a few payments and left the car at my mithers address which is where I took the finance out. My mother moved out and the car was gone 2 weeks ish later. I only presume the finance people had collected it. Since then I'm left with a ccj and paying more than the amount of the car. Is this fair on my behalf after they have had the car back.
JA: Where is this? And when did the issue begin?
Customer: It's with welcome finance and the issue began around 2012 ish I think I've been paying 10 pound a week for a long time now
JA: What steps have you taken so far?
Customer: I've contacted resolver and then escalated it to the ombidaman now its telling me to seek other help.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No that's its I think all in all.
Submitted: 24 days ago.
Category: Law
Expert:  F E Smith replied 24 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

In what way were you missold?

and was this a new car?

what was the loan amount?

and after you stopped paying for it what did you expect to happen?

Customer: replied 24 days ago.
I was pressured over the phone to get a car. I drove down to the dealer which I cannot remember the dealership name and was rushed into getting a car it was 2005 3 year old. I cannot remember the exact amount of the loan it was around £8000 and after I stopped paying I expected to have the car removed but not be expected to repay £13000 all together especially since they had the car back.
Expert:  F E Smith replied 24 days ago.

I’m afraid the this is beyond the scope of my expertise. I’m going to opt out of the question thread for another expert to consider. Please don’t reply because if you do the question returns to my inbox as requiring my attention and it will slowdown any other expert replying to you. Thank you

Expert:  JimLawyer replied 23 days ago.

Hi, this is Jim, thank you for the question - I will do my best to resolve this quickly for you.

Sorry to hear of the issue. You only get 6 years to sue for breach of contract if you were mis-sold. The finance company owns the car which is why they repossessed it. The Ombudsman has not upheld your complaint but you can still apply to deal with the CCJ.

You now have a CCJ and it is up to you whether you want to apply to set it aside. Under rule 13.3 of the Civil Procedure Rules 1998, you can apply to set it aside and the court will do so if you have a good reason.

For as long as the CCJ is in place, and remains unpaid then the claimant can enforce with bailiffs. It also stays on your credit record for up to 6 years.

As such it either needs to be set aside and the case defended, or paid off (or the claimant accepts an installment plan – if this is the case then form N245 needs to be filed with the court).

To set aside the CCJ you need the N244 form and a witness statement with a draft order. The N244 form can also be found here:

https://www.gov.uk/government/publications/form-n244-application-notice

I attach copies of those which you can tailor to your specific case. With the witness statement, if you want to refer to any evidence such as email correspondence, letters and so on, you can do that and attach them to the statement.

To fill out the N244 form, it should be as follows :

Q1: your name, Q2: defendant, Q3: an order that the CCJ dated......is set aside because (insert a brief reason why). Q4: yes, Q5: at a hearing, Q6: 45 mins, Q7: N/A, Q8: district judge, Q9: Claimant, Q10: the attached witness statement, Q11: sign/date/insert your details.

You will need 3 copies of the bundle (N244, statement, draft order) and a covering letter to the court with a fee of £255 payable to HMCTS. If you are on low income or have low savings (or in receipt of benefits) you can ask the court for a fee exemption – you can check your eligibilty here:

http://www.gov.uk/get-help-with-court-fees

You can specify a telephone hearing and you ask the judge for an order that the CCJ is set aside. Assuming they agree to that, it comes off the credit record and you will be allowed to either defend the claim if the debt is disputed or alternatively pay what you owe and there would be no mark on the credit record.

If you have not received any court details (you need the claim number for the purpose of the N244) then you can check the CCJ details at http://www.trustonline.org.uk )

If you want to do the application and send me a copy to check, I would be happy to do that. Bear in mind the court expects these applications to be made as soon as you are first aware a CCJ was made. Any delay will harm your chances of getting it set aside.

I hope this helps and answers the question which is easy to understand - please feel free to ask me anything else. I will reply as soon as I can to help with any further queries.

Thanks for using our services and have a good day,
Jim

Expert:  JimLawyer replied 23 days ago.

Hi, I’m just checking to see if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or address anything else for you.

Many thanks,
Jim