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Debt left after A VT 3 years ago

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  • Debt left after A VT 3 years ago

    Hi,
    I need some advice on how to deal with a debt.
    I did a VT on a Hire Purchase around three years ago. I had not payed half of it and the took the car. I now have a debt of just under £3000 that has been bought by a debt collection agency. I have heard about CCA. Does this apply to this debt? Is it something I can try? I have not received court papers on it so I wan to know what I can do with it at this stage?

    Many thanks,
    Tags: None

  • #2
    Re: Debt left after A VT 3 years ago

    Originally posted by Monkey59 View Post
    Hi,
    I need some advice on how to deal with a debt.
    I did a VT on a Hire Purchase around three years ago. I had not payed half of it and the took the car. I now have a debt of just under £3000 that has been bought by a debt collection agency. I have heard about CCA. Does this apply to this debt? Is it something I can try? I have not received court papers on it so I wan to know what I can do with it at this stage?

    Many thanks,
    Anyone here can give me some advice?

    Comment


    • #3
      Re: Debt left after A VT 3 years ago

      anyone?

      Comment


      • #4
        Re: Debt left after A VT 3 years ago

        Originally posted by Monkey59 View Post
        Hi,
        I need some advice on how to deal with a debt.
        I did a VT on a Hire Purchase around three years ago. I had not payed half of it and the took the car. I now have a debt of just under £3000 that has been bought by a debt collection agency. I have heard about CCA. Does this apply to this debt? Is it something I can try? I have not received court papers on it so I wan to know what I can do with it at this stage?

        Many thanks,
        Seems the agreement may well have been regulated by the Consumer Credit Act, so in principle yes it may well apply.

        What has the debt collection agency had to say about this matter? Are you able to provide some further info?
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Re: Debt left after A VT 3 years ago

          [MENTION=551]pt2537[/MENTION] than you so much for your post! I am just receiving typical letters from them asking for repayment. I have many other debts ans only receive DLA and whilst I get further advice on this I was wondering if it would be an option to send them a letter of CCA and if successful stop things there for a while.

          Comment


          • #6
            Re: Debt left after A VT 3 years ago

            Originally posted by Monkey59 View Post
            @pt2537 than you so much for your post! I am just receiving typical letters from them asking for repayment. I have many other debts ans only receive DLA and whilst I get further advice on this I was wondering if it would be an option to send them a letter of CCA and if successful stop things there for a while.
            Trouble is , if you have VT'd then the agreement is at an end, so thinking about it, a request under the Consumer Credit Act for the agreement may well be met with a refusal on the basi the agreement is at an end.

            I guess the only way to find out is to make the request and send the statutory fee of £1 and find out.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment


            • #7
              Re: Debt left after A VT 3 years ago

              Originally posted by pt2537 View Post
              Trouble is , if you have VT'd then the agreement is at an end, so thinking about it, a request under the Consumer Credit Act for the agreement may well be met with a refusal on the basi the agreement is at an end.

              I guess the only way to find out is to make the request and send the statutory fee of £1 and find out.
              Thank you [MENTION=551]pt2537[/MENTION] for this. Forgive my naiviety but if the contract is at an end because of the VT then under what contract are they able to ask for the remain amount? This debt has been sold to a DCA

              Comment


              • #8
                Re: Debt left after A VT 3 years ago

                Originally posted by Monkey59 View Post
                Thank you @pt2537 for this. Forgive my naiviety but if the contract is at an end because of the VT then under what contract are they able to ask for the remain amount? This debt has been sold to a DCA
                I
                agree with your view, however there have been some pretty bonkers judgments that take an alternate view to this. As a matter of common sense, and clearly under the Consumer Credit Act itself, (see s77(3) CCA ) the debt is payable under the agreement and thus the provisions still apply unless and until the creditor obtains judgment via the Courts

                However, due to a couple of Court judgments, one being Rankine v Amex, there is a suggestion that when the contract has been terminated it means the obligations under s77 dont apply.

                Its a technical argument and one that can be quite troublesome, so in all honesty id say make the request and see what they say
                I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                If you need to contact me please email me on Pt@roachpittis.co.uk .

                I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                You can also follow my blog on consumer credit here.

                Comment


                • #9
                  Re: Debt left after A VT 3 years ago

                  If you can manage a tenner then a subject access request might be useful.

                  Comment


                  • #10
                    Re: Debt left after A VT 3 years ago

                    Originally posted by seduraed View Post
                    If you can manage a tenner then a subject access request might be useful.
                    thank you @seduraed Apologies for my ignorance but what is a subject access request? and who do i send it to?
                    Last edited by Monkey59; 20th February 2017, 22:11:PM.

                    Comment


                    • #11
                      Re: Debt left after A VT 3 years ago

                      A Subject access request. Is a statutary request forall the data a company holds about you. It doesn't matter if you have been their customer. They Have 28 days to respond and the fee is ten pounds. The request is sent to their data controller. Ring them and ask for the address of their data controller . A SAR template is on the site .

                      Comment

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