help..reply from solicitor re online finance not what i wanted?

[friendgeorge]

Hi all

i have not been on here for a while and i have just pm'd strangeway with my problem, as i was not sure where to post. Anyway here it goes,

we have had a car on finece with Online Finance/GMAC since 2003 paying £109.86 per month for 5 1/2 years anyway since loosing my job last year and hubby having an accident we have been strugglying paying the car finance and mortgage anyway mortgage sorted, and we have not got to sell our home, this was the plan sell our house and pay the mortgage company off and the car finance. We were in court around 6 times over the car as i was saying we had paid more than the £3656 they say we paid, we calculated we only owed them around £1500, the judge was an ass he could not understand my caluculations or Norrie waites (online solicitors) so he ruled that Norrie waite were right and we owed them around £3600 + charges. I asked for a breakdown of charges and too my disbelief out of the £3656 we owed £2020 we charges applied to the account so i was right after all. Went to see a consumer spolicitor about it weeks ago and only yesterday did he get back to me, saying we don;t have a case for the way we have been treated, (the car was taken my crystal baliffs on 13th June) we did not have a choice. He did state that we HAD to claim the charges though as the car would of been sold by now and that it probably went for around £1800 and that the £2020 was ours and this was unlawful etc.... but he cannot do this for me, anyway fuilled out a N1 claim form weeks ago but the charges are £120 we cannot afford this in anyway and my solicitor said legal help will not cover this, what can we do, we had the pay a £65 charge before for our home, the court said IB was classed as a high wage???????? and hubby is classed as a low wage earner, what can we do, i really want to go to court with these muppets but i cannot afford it, any help would be appreciated please :slayer:we are at our wits end

[strangewayofsavin]

Hi FG, If I remember correctly because it was a few months ago on cag, you had infact payed over 2/3 of the original car price, and after accepting a charge on your property via your solicitor, the finance company sent the Bailiffs in to reposses the car, and they just turned up clapmed you car, and threatened you with more expence if you did not hand the keys over, and showed you no formal paperwork.
What you need to do is forget about where the car was sold, and for how much at the moment, what you need to do, is find out if the car was repossed legally.
I would phone Norrie waites and the Bailiffs, and ask for a copy of the court order, allowing them to reposses the car, if they won't budge you will have to send them a SAR, I am not sure if the court will help you with it, but may be worth a try.
If there was a court order, then your only course of action would be to make a complaint about the Bailiff company.
If there was no court order, you will have to SAR both companies anyway, gather the evidence, and get a letter from your first solicitor stating the fact that NW had infact accepted the deffered payment (charge on your property), and gain copy of faxes etc.
Once you have got all the evidence, you can report the car stolen, and then take the appropriate court action.

[TUTTSI]

Re: help..reply from solicitor re online finance not what i wanted?

Hi all

i have not been on here for a while and i have just pm'd strangeway with my problem, as i was not sure where to post. Anyway here it goes,

we have had a car on finece with Online Finance/GMAC since 2003 paying £109.86 per month for 5 1/2 years anyway since loosing my job last year and hubby having an accident we have been strugglying paying the car finance and mortgage anyway mortgage sorted, and we have not got to sell our home, this was the plan sell our house and pay the mortgage company off and the car finance. We were in court around 6 times over the car as i was saying we had paid more than the £3656 they say we paid, we calculated we only owed them around £1500, the judge was an ass he could not understand my caluculations or Norrie waites (online solicitors) so he ruled that Norrie waite were right and we owed them around £3600 + charges. I asked for a breakdown of charges and too my disbelief out of the £3656 we owed £2020 we charges applied to the account so i was right after all. Went to see a consumer spolicitor about it weeks ago and only yesterday did he get back to me, saying we don;t have a case for the way we have been treated, (the car was taken my crystal baliffs on 13th June) we did not have a choice. He did state that we HAD to claim the charges though as the car would of been sold by now and that it probably went for around £1800 and that the £2020 was ours and this was unlawful etc.... but he cannot do this for me, anyway fuilled out a N1 claim form weeks ago but the charges are £120 we cannot afford this in anyway and my solicitor said legal help will not cover this, what can we do, we had the pay a £65 charge before for our home, the court said IB was classed as a high wage???????? and hubby is classed as a low wage earner, what can we do, i really want to go to court with these muppets but i cannot afford it, any help would be appreciated please :slayer:we are at our wits end

Did you get your problem sorted out!

I had a run in with Norrie Waite - through VW some years ago and had my car reppossed although I had not paid a third they took the car from my drive and according to the law - they could not do this without a court order, this was well before all these lovey sites were available for help. I did try and fight them but sadly the big guys always win as they have the clout. It would be interesting to know how and if you resolved it.