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Marsh finance claim

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  • Marsh finance claim

    Hello, terrified newbie hoping someone can help.

    We purchased a car a few years ago from Arnold Clarke with finance from marsh finance.

    The total of the agreement was £10,014 and we paid off the sum of £9,585 during the loan period. The car had a lot of trouble in the last year of the agreement and we ended up just scrapping it.

    We had 1 or 2 letters of marsh finance saying we owed some money but at the time my wife had lost her job and we were both battling depression, and ofcourse we ignored them.

    Haven't heard from them again until today when I get a CCJ claim form for £1486.91

    stating:

    The claim is for £529.00 plus due interest from the defendant upon termination of the regulated hire purchase agreement number ********** dated 31/03/09(signed at unknown) for a vauxhaul zafira with reg******. the agreement was terminated by the claimant on 15/12/10 as the defendant failed to remedy the the breach default notice dated 10/11/10 the total amount payable was £10,014 the defendant paid £9,585.22 plus the claimants charges of £100 leaving a balance of £529.22 plus interest accrued at the sum from the termination to date at the contractual rate of 26.7% per anum in accordance with clause 15 of the terms and conditions of the agreement and being 2071 days at £0.39 being £807.69 and continuing at the daley rate of £0.39 until judgement or sooner payment. Alternatively for a like period at 8% p.a.in accordance with s69 county courts act 1984.

    I'm rubbish at legal stuff and i know this should have been sorted out long ago, but this sum seems ridiculous. I'm terrified of courts but this seems very harsh.

    Any one offer any help?
    Tags: None

  • #2
    Re: Marsh finance claim

    anyone offer any advice?

    Comment


    • #3
      Re: Marsh finance claim

      If its a hire purchase they must follow specific rules under the CPR as a starting point, not sure their POC complies with this but will double check.

      dated 31/03/09(signed at unknown) for a vauxhaul zafira with reg******. the agreement was terminated by the claimant on 15/12/10 as the defendant failed to remedy the the breach default notice dated 10/11/10
      Did you pay off £9,500 in under 2 years, is this correct?

      Have they supplied you with a copy of the default notice,. the agreement or the termination letter? I presume the claimant on the application is Marsh Finance and not someone else?
      If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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      LEGAL DISCLAIMER
      Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

      Comment


      • #4
        Re: Marsh finance claim

        On the claim form it states (claimants legal representative)

        Thanks for the reply. I will dig out any paperwork I can find and reply.

        Comment


        • #5
          Re: Marsh finance claim

          What I mean is at the top of the Claim Form who is the Claimant
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: Marsh finance claim

            sorry, yes, its Marsh finance

            Comment


            • #7
              Re: Marsh finance claim

              Have you acknowledged the claim yet? If you haven't you should do this straight away.

              Some of the issues that you have is that you have buried your head in the sand and there may not be a get out from this given the fact that you have also got rid of the car which you were not entitled to do either.

              Some of the steps you can take now is to send a CCA request letter (green box above) and enclose a postal order written on "for statutory fee only" and send it to Marsh Finance. Make sure you send it either recorded delivery or get a proof of postage receipt and keep it safe as it will be evidence that you sent the CCA request to them.

              Who is Marsh's legal representatives on this?
              If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
              - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
              LEGAL DISCLAIMER
              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

              Comment

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              SHORTCUTS


              First Steps
              Check dates
              Income/Expenditure
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              Set Aside Application
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