Its a long story so apologies in advance, so I have car finance in joint names with my husband and made all payments on time with no issues for 2 years roughly, then my husband through no fault of his own lost his job we contacted first response and agreed reduced payments which we maintained for a short time until we had to try and prioritise bills and with just my part time salary we could no longer pay First Response.
We were on the brink of being faced with a possession order for our house at the time. They knew my husband wasn't working and basically we didn't hear from them for well over a year no letters, no phone calls nothing. I know we should of contacted them and not just buried our heads in the sand to be honest.
Then we believed that we were going to receive some money enough to be able to make a full and final settlement with creditors first response being the biggest debt so was first to be contacted, they basically wanted half as full and final settlement so £1500 ( we owed them £3000 ). Unfortunately the money fell through ( it was going to be from my parents equity release scheme until they realised this was going to cost them too much money and pulled out). My parents had been really pushy trying to get us to get figures from our creditors so we mistakenly or not obtained settlement figures As soon as we knew weren't getting the money we contacted first response and explained they told us to complete an income/expenditure which we did and sent with offer of payment.
Then today we have received a court claim form for the full amount. We contacted first response straightaway and they were quite difficult said they didn't get the income/ expenditure form we sent and that they want an attachment of earnings for the full amount end of.
What we would like to know is can we dispute half the claim through the court claim form as they were prepared to settle at half only recently as Im sure they have added significant amounts of interest and charges. We have offered them the car back towards the debt also but they are not interested. They have made no attempt to repo the car that we are aware although it is currently in a garage sorn because we couldn't afford to run it. We paid £5000 for the car and paid £220 a month for 2 years plus a number of reduced payments. It was a 36 month contract. The car is worth now about £1000 so prob why they aren't interested in it.
My husband is now working and we are trying to pay back our debts and fully accept we will end up with a CCJ as result of this. We would really like some of advice of what to do, am I right in thinking that if we complete the admission form and offer of payment that the judge agrees we can afford and we pay that they cant obtain an attachment of earnings as I would likely lose my job if this were to happen which we also explained to First Response.
No mention of the car at all on the claim form just says that we have failed to make the payment required under the credit agreement.
thanks
We were on the brink of being faced with a possession order for our house at the time. They knew my husband wasn't working and basically we didn't hear from them for well over a year no letters, no phone calls nothing. I know we should of contacted them and not just buried our heads in the sand to be honest.
Then we believed that we were going to receive some money enough to be able to make a full and final settlement with creditors first response being the biggest debt so was first to be contacted, they basically wanted half as full and final settlement so £1500 ( we owed them £3000 ). Unfortunately the money fell through ( it was going to be from my parents equity release scheme until they realised this was going to cost them too much money and pulled out). My parents had been really pushy trying to get us to get figures from our creditors so we mistakenly or not obtained settlement figures As soon as we knew weren't getting the money we contacted first response and explained they told us to complete an income/expenditure which we did and sent with offer of payment.
Then today we have received a court claim form for the full amount. We contacted first response straightaway and they were quite difficult said they didn't get the income/ expenditure form we sent and that they want an attachment of earnings for the full amount end of.
What we would like to know is can we dispute half the claim through the court claim form as they were prepared to settle at half only recently as Im sure they have added significant amounts of interest and charges. We have offered them the car back towards the debt also but they are not interested. They have made no attempt to repo the car that we are aware although it is currently in a garage sorn because we couldn't afford to run it. We paid £5000 for the car and paid £220 a month for 2 years plus a number of reduced payments. It was a 36 month contract. The car is worth now about £1000 so prob why they aren't interested in it.
My husband is now working and we are trying to pay back our debts and fully accept we will end up with a CCJ as result of this. We would really like some of advice of what to do, am I right in thinking that if we complete the admission form and offer of payment that the judge agrees we can afford and we pay that they cant obtain an attachment of earnings as I would likely lose my job if this were to happen which we also explained to First Response.
No mention of the car at all on the claim form just says that we have failed to make the payment required under the credit agreement.
thanks
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