MKDP - would I be liable - someone please help

[smithyone]

I have had demands from MKDP for a car loan back in 2008 whereI gave the car back to the finance company, I sent them the 'prove it' letter and they have come back with a very poor copy of the signed credit agreement and also a mickey mouse statement, so just wondering if the company had the car back, am I still liable for the amount and also, when will this be statute barred, I am not sure what to do next? Can I ask then for the notice of assignment? Can someone please advise?

Many thanks in advance

[smithyone]

MKDP

I have had demands from MKDP for a car loan back in 2008 whereI gave the car back to the finance company, I sent them the 'prove it' letter and they have come back with a very poor copy of the signed credit agreement and also a mickey mouse statement, so just wondering if the company had the car back, am I still liable for the amount and also, when will this be statute barred, I am not sure what to do next? Can I ask then for the notice of assignment? Can someone please advise?

Many thanks in advance

[MissFM]

Re: MKDP

Did you VT the car? Or how did you "give the car back"?

The more information you can provide (removing personal details) the easier it will be for people here to help you.

SB is 6 years from COA (as long as you have not acknowledged the debt during that period) as far as I know but there are experts on here who will give you more informed help

[smithyone]

Re: MKDP

Hi, No it wasn't a VT - I gave the car back to the finance company after getting into arrears- after about 8 months into a 30 month agreement - I will scan the 'statement' onto this tomorrow.

[smithyone]

Re: MKDP

Oh and also the last payment was made 25/11/08 and no acknowledgements since

[Guest]

Re: MKDP

Careful with the SB this would run form when they first demanded the ful sums due under the agreement or terminated the contract, probably some months after your last payment if the agreement was still active,

Did they send you a default and termination notice ? This would give you a better idea. They would have to give you a full breakdown of the biill.
I think I would send them a prove it letter, as far as you know any debt was settled on the return of the car, you acknowledge no further indebtedness and put them to proof thereof.
See what they send.

[smithyone]

Re: MKDP

I have never received any termination notice or in fact default, they have sent me a breakdown as such showing initial amount, payments and outstanding amounts and the copy credit agreement appears to have come from the car dealer looking at the fax marks on it not the OC.

[Guest]

Re: MKDP

Hmm did yo sign a volutarry surrender document and what date did it go back

[smithyone]

Re: MKDP

Car went back 11/02/09, I did sign some receipt but have moved about 5 times since and cannot find it, it was with Welcome Financial, and I know they were notoriously bad with paperwork

[FlamingParrot]

Re: MKDP - would I be liable - someone please help

I have had demands from MKDP for a car loan back in 2008 where I gave the car back to the finance company,

Was this a voluntary termination?

I sent them the 'prove it' letter and they have come back with a very poor copy of the signed credit agreement and also a mickey mouse statement, so just wondering if the company had the car back, am I still liable for the amount and also, when will this be statute barred,

It all depends on WHEN in 2008 all this took place.

I am not sure what to do next? Can I ask then for the notice of assignment? Can someone please advise?

I'll ask our VT expert to pop in. :thumb:

[Guest]

Re: MKDP - would I be liable - someone please help

I have had demands from MKDP for a car loan back in 2008 whereI gave the car back to the finance company, I sent them the 'prove it' letter and they have come back with a very poor copy of the signed credit agreement and also a mickey mouse statement, so just wondering if the company had the car back, am I still liable for the amount and also, when will this be statute barred, I am not sure what to do next? Can I ask then for the notice of assignment? Can someone please advise?

Many thanks in advance

Was there any documentation relating to the manner of the return of the car. A signed voluntary surrender certificate for instance.

How long(what percentage of payments) had you made under the contract before the car went back ?

Was the a default notice issued before the agreement was terminated ?

[smithyone]

Re: MKDP - would I be liable - someone please help

Hi, no documentation relating to VT was received, I made 5 payment s out of 48, I never received a default notice

[Guest]

Re: MKDP

Is it possible to see the breakdown and the agreement they sent you ?

[smithyone]

Re: MKDP

Hi yes of course, I will scan it in tomorrow

[Guest]

Re: MKDP - would I be liable - someone please help

Hi, no documentation relating to VT was received, I made 5 payment s out of 48, I never received a default notice

Hmm problem in that they are allowed to repossess without a court order if you have paid less than a third of the contract price. They still have issued a notice though and given you chance to remedy, it is just a long shot to try and prove they did not.

Under the circumstance it is unlikely that a VT would have done you much good anyway, too much between what you paid and the halfway mark

did you say you had the agreement and the calculations regarding the amount of claim, if so can we see them.